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Ask Michelle Your Own Question
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Resolved Question:

I live in florida, and perform an eotic/sensual massage to of age men for a donation.I am not licensed and do not claim to be. The men recieve an oiled massage on a table with clean linens/music and candles for approximatley and hour. Towards the end of the session a hand release is performed.This is performed with my hands only,no intercorse,no oral is permitted. I do this topless. I know I must pay taxes on the money i earn as self employment.But what other license do I need and is it illegal in any way?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.


You will need to be licensed in Florida to practice and give and charge a fee ( you will not be able to disquise this as a "donation") for massages. Additionally, the law is very stringent on who is qualified for such licensure and you can CLICK HERE to read the entire Chapter from the Florida Code. Additionally, I have pulled a section from the law on "sexual misconduct" and the definitions therein below.

480.0485 Sexual misconduct in the practice of massage therapy.--The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct in the practice of massage therapy means violation of the massage therapist-patient relationship through which the massage therapist uses that relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of massage therapy is prohibited.

(16) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct."

(17) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.

(18) "Sexually oriented material" means any book, article, magazine, publication, or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(19) "Simulated" means the explicit depiction of conduct described in subsection (16) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

(20) "Specific sexual activities" includes the following sexual activities and the exhibition of the following anatomical areas:

(a) Human genitals in the state of sexual stimulation or arousal.

(b) Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any excretory function, or representation thereof.

(c) The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts.

(d) Less than completely and opaquely covered:

1. Human genitals or the pubic region.

2. Buttocks.

3. Female breasts below the top of the areola.

4. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Best of success to you,


If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Customer: replied 9 years ago.
Reply to Michelle's Post: The answer was not acceptable. I already looked up massage law. The fact is that i dont intice my is actually requested and agreed upon beforehand and consensual. Is it misconduct if the act is consensual?
Expert:  Michelle replied 9 years ago.


IYes. It is AGAINST THE LAW - even if consensual. THIS IS ILLEGAL. That is what the law states. I do not make the law

Expert:  Michelle replied 9 years ago.


The thing is if you are advertising this service - licensed or not - you can be charged with solicitation (prostitution). If you do not advertise and you strike up a deal "on the street" and you get caught in a sting of some sort - again, you can be charged with prostituion - anytime you are doing sexual "favors" for some type of "donation" it is not legal. If you are relying on the customer making a "donation" for it to be legal, I suggest that you can be caught and will be charged.

The only place in the US where such activities would be legal is parts of Nevada.


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