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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3756
Experience:  Experienced in both state and federal court.
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I am looking to start my own foot fetish business. Basically,

Customer Question

I am looking to start my own foot fetish business.

Basically, clients would worship my feet. This includes massaging my feet, sucking on my toes, and kissing my feet. There would be NO sexual activity whatsoever! I stress this fact!

There's a great market for this. Essentially I want to make sure this is legal in Pennsylvania, New Jersey, and New York. I also would like to learn how to pay taxes on this.

I feel too embarrassed to call a law office, as most people consider fetish weird, but I'd rather just ask and get good answers so I do everything lawfully!
Submitted: 2 years ago.
Category: Legal
Expert:  Chris T., JD replied 2 years ago.

TexLawyer :

Clearly, the acts you are describing are not themselves illegal.

TexLawyer :

In order to be prostitution, there must be sexual activity involved.

TexLawyer :

Sexual activity must include contact between genitals and other body parts. Basically, if you would consider it sex and you are doing it for money, it is illegal.

TexLawyer :

What you've described is far less than what goes on in gentleman's clubs every day.

TexLawyer :

Also, I assume there will be no nudity involved.

TexLawyer :

As far as taxes are concerned, it really depends on how your business or organized (i.e. an LLP, Inc, etc.).

TexLawyer :

I assume it will simply be a sole proprietorship, which is the simplest in regards XXXXX XXXXX Basically, you would be required to pay taxes on everything you bring in and it would be taxed at your marginal rate, but you would have the opportunity for multiple deductions. You really should consult with an account about tax specific questions. Just Answer has a forum for tax experts.

TexLawyer :

I hope that answers your question. If not, feel free to ask follow up questions. If so, please click the ACCEPT button. Good luck.

Customer:

I guess I was checking because I saw that in PA "sadomasochistic abuse" was considered a form of prostitution. I'm not sure if this information was accurate or not. To me, having someone touch my feet fully clothed is not abuse as I'm not hitting anyone. I just want to make sure I'm not straying from the gray area.

Customer:

That is the reason I inquired.

Customer:

So it varies I guess what people consider sexual activity, but to me, even if that is adult, it is not sexual activity. I'm nervous to go forward with it because I want to have a career and such

TexLawyer :

Yes, so long as it is not sexually explicit, you will not be doing anything illegal.

Customer:

That's good to know. I guess the only thing I have to figure out now is how to pay my taxes. Which leads me to another question :P If I am still allowed to ask.

TexLawyer :

There are some states that criminalize sadomasochistic activities, but I do not see where Pennsylvania is one of them.

Customer:

Oh, because I website told me that it did. But foot fetish is a unique activity.

TexLawyer :

Either way, what you've described does not fall within that description.

Customer:

How can I pay my taxes without showing exactly what I'm doing in detail. If someone were to do a background check, I wouldn't want them to see I did foot fetish sessions. It would be weird to some people.

Customer:

Like, I personally could care less. . but I know how some people are close minded to certain things.

TexLawyer :

People pay for foot massages on a regular basis. I know what you are doing is different, but any law that would criminalize what you do would have to be so vague that it would criminalize things not intended to be illegal.

TexLawyer :

The form you file with the IRS does not say exactly what you do. You could be as vague as "personal services."

Customer:

Yeah like, how could you throw someone in jail for allowing someone to massage your feet and worship them for money? I didn't even think I needed to ask a lawyer

Customer:

But I'm so careful about my future since I want to be a psychologist, that I wanted to go the extra mile and do so

TexLawyer :

I understand. You are right to be careful.

TexLawyer :

As far as details on the taxes question, those may be best directed at an accountant, which are available on Just Answer, too.

Customer:

I will eventually get to an accountant. I know this says that this isn't legitimate legal advice, but do you in good faith say that I should be fine doing foot fetish sessions and having a client pay me for them? I know that you can't literally say yes to this but it seems like you're extremely sure since you are a lawyer and all

Customer:

and this is such a tame service

TexLawyer :

I can say that, in my opinion, it is not illegal under any state law that I am aware of. If it were, I would think the law would have Constitutional challenges.

TexLawyer :

In short, you will be OK.

TexLawyer :

Also, this is not the type of activity target by law enforcement, especially in the lean times we are in.

TexLawyer :

*targeted

Customer:

I clearly state in my ads that there's nothing bad going on. Just foot fetish. I also make sure my clients understand that. If it were targeted by law enforcement, woudln't that eliminate me as someone suspcious?

Customer:

I mean if you post an ad like "xoxo girl ready 4 u" vs, "Offering legal Foot Worshipping Sessions" I feel like they'd go more for the other one

Customer:

maybe I'm just overly cautious. either way, so far I am satisfied with my answers

TexLawyer :

They would, but so long as you aren't engaged in sexual activity, it wouldn't matter if they did target you.

TexLawyer :

I understand. It isn't something to take lightly, but you will be OK.

Customer:

it seems that you're saying that it would actually cause issues if foot fetish were deemed problems that it could cause civil rights issues like "why can't somone touch my feet if I want them to?" or "he was just masaging my feet" So it would make no sense for that to be an issue.

Customer:

which makes sense because sadomasochism is only illegal in certain places because it's considered assualt and you can actually slap a label on it

TexLawyer :

Exactly. In order for a statute to be Constitutional, it must not be over broad. Basically, a statute is over broad if it criminalizes things that are clearly not meant to be illegal.

Customer:

I apologize for my poor sentence structure. I've been studying for a test all night lol

TexLawyer :

For example, there was a recent Supreme Court case dealing with a federal law which criminalized videos depicting animal abuse (from what I gather, there is a fetish market for people who enjoy watching small animals stomped to death).

Customer:

You see, I do foot fetish because you deal with far less crazy people

Customer:

Yes, unfortunately there is a market for that.

TexLawyer :

The Supreme Court said it was over broad because it criminalized things which are clearly not criminal (i.e. videos showing animal slaughter, etc.).

Customer:

So this isn't abuse because I'm just havign my feet worshipped. The worst I'd do is roleplay, like order someone to worship my feet...but if that were deemed wrong it could actually affect freedom of speech. So I see what you're saying. Issue is I don't know how laws are formed so I don't understand what can be said and what cant

TexLawyer :

You will be fine so long as there is no sex or sadomasochistic abuse (anything that could be characterized as assault).

Customer:

Even roleplay wouldn't be assault, correct? lol

Customer:

Or considered mental abuse?

Customer:

Because well, with foot fetish some of it is insulting the dude and calling him "a foot worshipping pig" . . . I can't explain more without making one or both of us laugh

TexLawyer :

It must be physical. When the other person is consenting it gets into a grey area. You can hurt feelings all you want. Words can NEVER be the basis for an assault claim.

Customer:

That's what I thought too lol

Customer:

I actually used to want to be a lawyer

Customer:

But I chose psych because I was more interested in the mind and such

TexLawyer :

There's more honor in having people lick your feet.

Customer:

LOL

Customer:

Exactly. it's like, people might not consider this an honorable job.

Customer:

But I'm not lying to anyone

Customer:

or ripping anyone off

Customer:

or being fake, at all. And most "honorable" jobs have the most corruption

TexLawyer :

In your proposed business, everyone gets what they want. In mine, half the people leave mad.

Customer:

Well I'm sorry if I'm not supposed to actually talk to you

Customer:

But

Customer:

I went to a law firm

Customer:

it would have costed me 2000 dollars to answer this question

Customer:

They had to do "research" for at least four hours

Customer:

They think I'm stupid because I'm 20.

Customer:

They wanted to set up an LLC for me too. Can I do foot sessions for now and keep track of my money without setting up a trademark?

TexLawyer :

Yes.

TexLawyer :

Have I answered your questions?

Customer:

You have, and you also made me and my room mates crack up with the honor comment. That was awesome.

Customer:

I'm totally satisfied.

Customer:

Thank you very much. I shall give you credit and rate you.

TexLawyer :

Great. Good luck.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3756
Experience: Experienced in both state and federal court.
Chris T., JD and 13 other Legal Specialists are ready to help you

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