Is Pro-Domme Illegal in California? (Full Version)

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SacLawCA -> Is Pro-Domme Illegal in California? (3/27/2014 8:49:33 AM)

Everyone knows that it's illegal to accept money for sex (intercourse) or sexual acts (blow job, hand job, penetration). I've been to quite a few Pro-Dommes and even though I've never had sexual intercourse with any of them, there were sexual acts performed (no BJ or hand jobs). One of their favorite activities is to penetrate the man's anus with a toy or their fingers. How is this not sexual? A lot of them love ass worship where you kiss and lick. As you visit them several times they allow some more intimate things. All one has to do is visit their websites and you can see all the sexual acts they will perform on you for money. But every Pro-Domme I know claim they don't perform any sexual acts.

Many Pro-Dommes have websites and they have a disclaimer before entering, such as:

"I solemnly declare and affirm the following: I understand that the site I'm about to view contains material of a sexual nature....."

Well, if Pro-Domme doesn't perform any sexual acts, why would they need this disclaimer?




ExiledTyrant -> RE: Is Pro-Domme Illegal in California? (3/27/2014 8:51:56 AM)

I believe the Clinton administration created a very gray area in the law.

Jus sayin

Exiled




Missokyst -> RE: Is Pro-Domme Illegal in California? (3/27/2014 8:59:32 AM)

Prostitution is illegal in CA.  Massage is legal, but massage including a sexual act is illegal if you are paying for it.  Professional domination is legal if it has no sexual act.  And there is the loophole, sort of.  What is sex?  Courts have argued that for years.  A dominatrix who engages in a sexual act should be prepared to argue that case for a lot of cash and a lot of time. 




mummyman321 -> RE: Is Pro-Domme Illegal in California? (3/27/2014 9:15:40 AM)

There is a big difference between sexually oriented material and sexual acts. If your website contains any type of adult themed content then you need to have the filter box stating it is adult or sexually oriented and minors are not allowed. That is the greatly abbreviated version of law for adult natured websites.

Pro Domination I think is pretty much legal in all 50 US states. The gray area is what is considered a "sexual act" as sexual acts are what is illegal. This varies by state. It is very subjective also.

The real reality is there are many ProDommes who are 100% legit and do not offer sex in any form. Then there are those who do. Take your pick of which one you want to visit?




SacLawCA -> RE: Is Pro-Domme Illegal in California? (3/27/2014 9:21:46 AM)


quote:

ORIGINAL: mummyman321

The real reality is there are many ProDommes who are 100% legit and do not offer sex in any form. Then there are those who do. Take your pick of which one you want to visit?


If a person considers the following to be non-sexual: anal penetration, ass worship, breast worship, CBT, body worship, then yes, I would agree that most Pro-Dommes are 100% legit.




Zonie63 -> RE: Is Pro-Domme Illegal in California? (3/27/2014 9:58:25 AM)

Sometimes, the gray area has baffled me as well.

Like, when the police do sting operations on prostitutes, they usually arrest them for a crime before they have sex, right? If having sex is the requirement to commit the crime, then how can they arrest them before the actual "crime" is committed? Or is it something else they're being arrested for, like "solicitation"? But once the financial stage is done, then what?

If someone pays a pro-domme a certain amount for no sex, once that agreement is done and payment is made within compliance of the law, then would it still be a crime if they had sex anyway? Would the cops come busting in at the moment of penetration and say "AHA! You're having sex. Busted!" Could it be argued that she was having sex on her own time and not directly paid for it? Or would that be laughed out of court?




LadyConstanze -> RE: Is Pro-Domme Illegal in California? (3/27/2014 10:55:31 AM)


quote:

ORIGINAL: SacLawCA


quote:

ORIGINAL: mummyman321

The real reality is there are many ProDommes who are 100% legit and do not offer sex in any form. Then there are those who do. Take your pick of which one you want to visit?


If a person considers the following to be non-sexual: anal penetration, ass worship, breast worship, CBT, body worship, then yes, I would agree that most Pro-Dommes are 100% legit.



I suggest you stop seeing them all and just rely on your charms to find a life-style mistress, then you don't need to worry about all of that. Simple, isn't it?




MissToYouRedux -> RE: Is Pro-Domme Illegal in California? (3/27/2014 10:59:17 AM)


quote:

ORIGINAL: LadyConstanze


I suggest you stop seeing them all and just rely on your charms to find a life-style mistress, then you don't need to worry about all of that. Simple, isn't it?



The OP's profile is straight forward about his being in a relationship and [therefore] only interested in pros.




mummyman321 -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:05:08 AM)

Okay, you made me go read his profile. Now he claims to be a lawyer and is asking a law question????




MissToYouRedux -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:05:59 AM)


quote:

ORIGINAL: mummyman321

Okay, you made me go read his profile. Now he claims to be a lawyer and is asking a law question????


Obviously not his speciality. [:D]




SacLawCA -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:07:21 AM)


quote:

ORIGINAL: Zonie63

Sometimes, the gray area has baffled me as well.

Like, when the police do sting operations on prostitutes, they usually arrest them for a crime before they have sex, right? If having sex is the requirement to commit the crime, then how can they arrest them before the actual "crime" is committed? Or is it something else they're being arrested for, like "solicitation"? But once the financial stage is done, then what?

If someone pays a pro-domme a certain amount for no sex, once that agreement is done and payment is made within compliance of the law, then would it still be a crime if they had sex anyway? Would the cops come busting in at the moment of penetration and say "AHA! You're having sex. Busted!" Could it be argued that she was having sex on her own time and not directly paid for it? Or would that be laughed out of court?


This website can answer some of your questions.
California Prostitution Law




OsideGirl -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:09:29 AM)


quote:

ORIGINAL: mummyman321

Okay, you made me go read his profile. Now he claims to be a lawyer and is asking a law question????


To be fair: The law can vary greatly from county to county. For instance, clubs and dungeons are much easier to get through in LA county than in San Diego County.




SacLawCA -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:27:38 AM)


quote:

ORIGINAL: mummyman321

Okay, you made me go read his profile. Now he claims to be a lawyer and is asking a law question????


I work in a law firm that specializes in divorce.




LadyConstanze -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:31:40 AM)

Well buster, you claim that you're not interested in anything sexual and just living out your fetishes, must be really strange "pros" you see, if you have to fight off their strapons, breast or ass worship. Why don't you try reputable dungeons, where they actually don't allow those activities?




SacLawCA -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:39:11 AM)


quote:

ORIGINAL: LadyConstanze

Well buster, you claim that you're not interested in anything sexual and just living out your fetishes, must be really strange "pros" you see, if you have to fight off their strapons, breast or ass worship. Why don't you try reputable dungeons, where they actually don't allow those activities?


I never said I was not interested in anything sexual. These are not strange "pros" I see. I usually get them off directories. They also allow strap-ons in dungeons.




BitaTruble -> RE: Is Pro-Domme Illegal in California? (3/27/2014 11:57:40 AM)


quote:

ORIGINAL: SacLawCA

Well, if Pro-Domme doesn't perform any sexual acts, why would they need this disclaimer?


Generally, the owners of the actual servers require that sort of thing or they won't sell you bandwidth.

It's all about CYA. (Cover Your Ass) <--not something that I would personally do because it blocks too
much area but, hey, to each their own, right?






LadyConstanze -> RE: Is Pro-Domme Illegal in California? (3/27/2014 12:55:47 PM)


quote:

ORIGINAL: SacLawCA


quote:

ORIGINAL: LadyConstanze

Well buster, you claim that you're not interested in anything sexual and just living out your fetishes, must be really strange "pros" you see, if you have to fight off their strapons, breast or ass worship. Why don't you try reputable dungeons, where they actually don't allow those activities?


I never said I was not interested in anything sexual. These are not strange "pros" I see. I usually get them off directories. They also allow strap-ons in dungeons.


Funny thing is, in a reputable dungeon strapon aren't allowed, due to legal reasons, you try to mention that on the phone while booking and you will hear a click as they hang up on you - for obvious reasons.

As for not interested in anything sexual, your profile claims so, actually your profile is also quite hostile towards pro dommes, along with that question and the way it's going, you do smell a bit like a sock.




GoddessManko -> RE: Is Pro-Domme Illegal in California? (3/27/2014 1:26:57 PM)

I'm confused personally. Is the OP concerned about treading into grey areas of the law? Making others aware? He seems to already have his mind made up according to legality. I only have two critiques. Self complimenting is not a real compliment when you have a picture showing how "good looking" you are and you have plenty of opportunity to display your intelligence if you so choose.
OP I do find it strange you are specifically seeking a pro Domme, expect her to somehow set herself apart from the many to choose from, should be accepting of you having someone else who hopefully is aware of what you're doing considering your unabashed representation of yourself. Those are high standards for someone offering a stagnant business relationship leading nowhere. I hope you do meet someone where there is "chemistry" or whatever it is you're expecting in what's supposed to be a power exchange, meaning she should be the one calling the shots not you. Otherwise she's only performing/pretending and that draws away from authenticity.




SacLawCA -> RE: Is Pro-Domme Illegal in California? (3/27/2014 1:39:06 PM)


quote:

ORIGINAL: GoddessManko

I'm confused personally. Is the OP concerned about treading into grey areas of the law? Making others aware? He seems to already have his mind made up according to legality. I only have two critiques. Self complimenting is not a real compliment when you have a picture showing how "good looking" you are and you have plenty of opportunity to display your intelligence if you so choose.
OP I do find it strange you are specifically seeking a pro Domme, expect her to somehow set herself apart from the many to choose from, should be accepting of you having someone else who hopefully is aware of what you're doing considering your unabashed representation of yourself. Those are high standards for someone offering a stagnant business relationship leading nowhere. I hope you do meet someone where there is "chemistry" or whatever it is you're expecting in what's supposed to be a power exchange, meaning she should be the one calling the shots not you. Otherwise she's only performing/pretending and that draws away from authenticity.


This thread has nothing to do with what I'm seeking, my looks, or chemistry. I do believe that the typical Pro-Domme engages in illegal activity. What I'm curious about is those people who say they aren't. How then do you explain anal penetration isn't sexual? How do you explain ass and/or breast worship isn't sexual? I guess I named the thread incorrectly.




FilmWithMistrix -> RE: Is Pro-Domme Illegal in California? (3/27/2014 1:43:55 PM)


quote:

ORIGINAL: SacLawCA


This thread has nothing to do with what I'm seeking, my looks, or chemistry. I do believe that the typical Pro-Domme engages in illegal activity. What I'm curious about is those people who say they aren't. How then do you explain anal penetration isn't sexual? How do you explain ass and/or breast worship isn't sexual? I guess I named the thread incorrectly.



Hmmm.. as a prodomme I never allowed ass or breast worship, in fact, no skin to skin worship above the knee...feet/lower leg only. Strapon play is illegal in many jurisdictions, and I only do S/O in California on video, which is in fact, legal.

Of course you assume strapon is sexual.. I find it more of a power action... and rarely when you have a foot in your ass, is it likely to be sexual for the sub either.




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