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Sex Crimes: Unlicensed Massage

Maybe you work for a massage parlor and spend your day giving massages to your clients. Maybe you intend to service these clients in a sincere and legal manner using your massage therapy training and skills. You might even have a license to practice massage therapy in your home country or another state in the United States. But if you don’t have a license to practice in whatever state you’re currently employed in, you can run into huge trouble. One of the states where unlicensed massage is a criminal act is New York. Many people end up in this situation without realizing they’ve committed a crime. In fact, they may have no ill intentions at all. Maybe they somehow didn’t know that they needed a license for every state, or maybe they just didn’t think it would be a huge deal.

There are variations on this scenario. Maybe you have a license to practice massage therapy, have undergone all the requisite training, and have been educated in the legality of the profession. Maybe you haven’t. What matters is that you sometimes offer your clients sexual services during the massage. Instead of one hundred percent of your time being devoted to massage therapy, your attention becomes split between massage and other activities. One day, an undercover law enforcement official enters your business posing as a client. They might have contacted you online and chatted already, or they might be simply posing as a walk-in customer. Instead of offering anything extra, you provide a professional massage and make no other suggestions.

If you have done your job in a professional context and haven’t solicited any sexual contact, is it possible for the New York police department to arrest you and gather evidence for the DA to build a case?

You might be surprised to hear that the answer is yes, and the New York penal code specifically allows law enforcement to charge you with committing a felony.

Unauthorized Massage Practices and Unlicensed Massage

To provide massage therapy in the state of New York, you need to have a valid and current license to practice within the state. A license in another country or even a bordering state isn’t good enough. New York law codifies unauthorized massage practices as a sex crime. If you give someone unlicensed massage therapy, you could be charged with a class E level felony. While this is the lowest tier of felony classifications, it carries a potential punishment of four years in prison.

New York law specifically criminalizes any individual who engages in unauthorized practice of any profession for which the state requires that you get a license. Certain professions must have a license to practice. Some examples would be a doctor, lawyer, or dentist. Health and law professionals are expected to have licenses to practice because they need to prove that they’re competent to be trusted by other people. The same principle applies to massage therapists. If you want to be a massage therapist in New York, you need a license, and there’s no way around that. The wording of this law doesn’t single out unlicensed massage therapists, which means that they can be prosecuted with the same harshness or lenience as other unlicensed medical professionals.

There’s also a class E felony in New York law for assisting or abetting a minimum of three people who have not been licensed to practice a particular profession. For example, if you run a massage parlor and knowingly hire multiple people who you know don’t have proper licenses, you could be charged with a felony. The more brazen your misconduct, and the more people you aid, the harsher the penalties will be.

Prostitution Versus Unlicensed Massage

People must have a license to give massages in a professional context. That means that if you offer to massage someone or advertise yourself as a person capable of massage therapy, you’ve already committed a crime classified as a class E felony. Unless, of course, you have an actual massage therapy license.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Unlicensed massage therapy is not specifically considered a form of prostitution under New York law. However, there are often legal ramifications that may be related to prostitution. Law enforcement will often target sex workers like strippers by charging them with offering unlicensed massage therapy if they can’t find evidence to charge them with prostitution. It’s a form of active and malicious targeting. If you’re in this kind of situation, it’s vital that you speak with a defense attorney immediately. Don’t tell the police anything without your attorney in the room with you.

If you have been engaging in a profession that requires licensure, and you don’t have a license, you should talk to a criminal defense lawyer before you continue to engage in your practice. Even if you don’t think you’re being investigated, the risk is greater than the reward.

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