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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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So, I would like to start a business where I hire adult females

Resolved Question:

So, I would like to start a business where I hire adult females to provide "dominatrix like" services to clients:
1) Dress them up as girls and role-play scenarios involving "feminization"
2) For those clients that have a fetish for diapers, we would offer "babysitting" services to role-play their fantasies

None of this involves sex or prostitution, but I want to make sure it's legal and if I need to formally set up a company/have insurance etc?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a Pennsylvania licensed professional who also happens to have clientele who is in the lifesyle. Please permit me to assist you with your concerns.

If I may ask, what county and/or city are you considering this business? Each county may have different laws, and what you are considering is very gray-area, to put it mildly.
Customer: replied 1 year ago.

It's great to hear that you have experience in this area! I live in Pittsburgh (Allegheny County)

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Steve.

Please permit me to be blunt with you pertaining to this idea. Pennsylvania is a fairly conservative state pertaining to mores and laws. Please permit me to split my answer into three sections, first pertaining to each of the services you wish to offer, and then to zoning and business concerns:

1. Dominatrix services.
The courts are not sure as to whether to treat this as prostitution or assault, so they generally do both. Taking money for a sexual service (which is how the courts see it), is solicitation and prostitution. You can find the solicitation statute here, and prostitution here. Notice that under the prostitution code, 'sexual activity' is defined as "Includ[ing] homosexual and other deviate sexual relations." Being a dominatrix is a 'deviate sexual relation' under law. In addition, there is also potential charges for assault that each Dominatrix can expose themselves to, and you as well, as an accessory and also by running a house of prostitution. Under law a person cannot consent to a criminal act, meaning a person cannot consent to a beating, and that would place you and the women in potential criminal danger.

2. Other services.
This is also a 'deviate sexual relation' and could potentially be criminally pursued against you and against the other individuals. I am trying to show you the laws for your review so you do not simply take my word for it.

3. Zoning.
Because of what may potentially take place on this property, if it is advertised, shown, and promoted, it would violate zoning laws for being considered a house of prostitution, it will likely be raided, shut down, and you may be criminally charged in the process.

Hope that helps.

Customer: replied 1 year ago.

Ok, very good to know before spending a lot of time and energy on this. I guess the only thing I am not clear on is why this would be considered a dominatrix relationship? I only used that word for lack of a better term, but in this case, the girls are fully clothed and just doing make-up/dressing up the men. They may teach the guys how to behave more like a woman...but never inflict pain or cause any harm. The same basically goes for the guys with a diaper fetish...

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I called them so because a typical judge or a D.A. would not know the difference. Please remember that it is still an exchange of funds for a 'deviate sexual activity', and that turns it into prostitution. As for naming it a dominatrix relationship, a judge does not care for the difference between an escort, dominatrix, fem-dom, or other terminology, what would matter to them is the act that takes place and whether funds are involved in the transaction. Not causing harm or inflicting pain may arguably remove the assault charges, but the solicitation and prostitution would still remain.

Good luck.

Customer: replied 1 year ago.

Ok, I gues I'm still unclear about the deviate sexual activity part because I went to the link you provided and it says "Deviate sexual intercourse refers to sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another."


 


However, a makeover or learning how to walk in heels would certainly not seem to fit this category, and even the baby-sitting service would only have incidental contact during a diaper change...


 


Am I missing something about the way this would be viewed?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

The reason there is confusion is because there are two types of sexual activity, there is 'sexual intercourse' or 'deviate sexual intercourse', which can include all manner of sex and sodomy, and there is 'sexual activity' or 'deviate sexual activity', which does not include penetration but is still considered to be sexual activty under which a charge of prostitution can be levied.

Here is a portion of the statute for review:
(f) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

"House of prostitution." Any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

"Inmate." A person who engages in prostitution in or through the agency of a house of prostitution.

"Public place." Any place to which the public or any substantial group thereof has access.

"Sexual activity." Includes homosexual and other deviate sexual relations.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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