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MsSaskia -> RE: pro submissives (9/10/2008 9:29:47 PM)
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quote:
ORIGINAL: mistoferin
There doesn't have to be penetration for it to be considered prostitution. Heck, there doesn't even have to be contact.
Some examples of prostitution laws:
quote:
"Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire. As used in this section "sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission. Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor."
quote:
§ 43.02. Prostitution.
(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
You appear to have decided that anything that might happen in a professional BDSM session is necessarily sexual conduct and is therefore prostitution. I find that just fascinating. My attorney thinks it's a hoot that there are so many armchair lawyers out there ready with the big ol Scarlet P, all ready to sew it on us nasty evildoers.
There are some states in the US where BDSM activities are specifically mentioned in prostitution law. They are rare. I can think of one off the top of my head, and I know pro dommes around the country who are crystal clear on precisely what their local laws state and what they can and cannot do legally. Most states very clearly define sexual acts, ie, sexual conduct and yes, there does have to be genital contact for it to be a sex act. Flogging, foot worship, spankings and any number of things commonly done in a professional BDSM session are not legally defined as sexual conduct. Period. Yes, it's sex work. So is phone sex and so is nude dancing, but they're not prostitution, either. An apple is not a pear.
There are states in which much of what we do in non-professional BDSM scenes is considered illegal. In Minnesota, where I just spent a delightful weekend at a conference, I was informed by some of the other attendees that in Minnesota, not only are most BDSM activities illegal, but there is a legal obligation on the part of any observer to report such activity to the police, much as if a minor were being molested. To participate in a BDSM scene in that state is to commit a criminal act. Bad people commit criminal acts. Or is it bad laws that create criminals where none would otherwise exist? There are some pretty stupid laws on the books, but if you get busted, you're busted and you have a criminal record.
I find it interesting that while many non-professional kinksters fuss ad nauseum and without full information about whether pro domination is legal or not in their own state or any other, there's no fuss whatsoever about the criminal activity kinksters are getting up to in states like Minnesota with no money involved at all. Minnesota isn't the only state that considers BDSM activities illegal, regardless of whether they're in the context of a personal or professional or casual or any other relationship, but people certainly do like to fuss about the fine points of the law when it comes to professionals. We're dirty criminals (even if we're not, in our own states) and shouldn't be allowed in polite company (whether the laws are fair or equal or not), but the rest of the community is completely above reproach.
If you're going to beat someone over the head with Da Law, don't be surprised if they beat back
EDIT - Grr. Reply stuck in a box. Sigh.
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