Kink Friendly Law

Posts Tagged ‘Prostitution’

“…[t]he loophole for legalized indoor prostitution was closed last Tuesday when Governor Carcieri signed the bill brought to him by the General Assembly.”  Read the rest of this entry »

Being actively involved in BDSM in Atlanta and making no secret of the fact that I’m an Assistant District Attorney I have had many pro and lifestyle Dominas ask whether or not certain practices constitute an illegal sexual act or might be considered an act of prostitution.

So I thought it might be helpful to post a primer as it were of some general guidelines to consider during a scene.

Starting with what is hopefully the most oblivious having vaginal or anal intercourse for money, regardless of whether you term the monetary compensation “tribute” or not is an act of prostitution. In Georgia this is a misdemeanor; subject to up to 12 months incarceration and or a One Thousand ($1000.00) dollar fine. Which is the good news if you were arrested; the bad news is that the physical location of where the sexual act occurred may be subject to seizure and forfeiture.

Any act of Oral sex is a misdemeanor and depending on the circumstances might also be construed as an act of prostitution subject to the same penalties as above. 

Manually stimulating the sexual organs to orgasm is masturbation for hire and is also illegal punishable as a misdemeanor. These crimes all are predicated on money changing hands.

Even without having money change hands certain common BDSM practices are still illegal. One of the most serious is insertion of any object not a sexual organ into the vagina is considered aggravated sexual battery which is a felony and upon conviction is subject to Ten (10) years mandatory minimum incarceration. Insertion of any object into the anus is considered Aggravated Sodomy and also carries a Ten (10) year mandatory minimum incarceration period.

The best way to protect your self of course is to simply not engage in any of the acts outlined above. Or at the very least only offer these services to a very established client whom you have dealt with numerous times in the past; also keep in mind this isn’t a complete list but only touches on a few basic points of law and only as they relate in Georgia.

Any specific question needs to be directed to a local criminal attorney residing in your home State or locality. Remember any consultation fee you have to pay to have a question answered is much less expensive that finding your self arrested, having to bond out of jail and then retain an attorney to defend a criminal charge.