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Old 09-10-2007, 12:53 PM
sarah thorne's Avatar
sarah thorne sarah thorne is offline
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Join Date: Dec 2006
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Throwing two more cents in the pot

After some research, under Massachusetts law (even if all she did was agree to spank the man for a fee) Katie would be guilty for breaking a law doing even the bit that she (or rather, Jake) admitted to. Some links of interest.

Note that the statute says 'for a fee' , which is what makes it illegal (along with all of the other tax/zoning/business laws for operating a business, sex oriented at that, out of one's home)

The statute itself under which she was obviously arrested.

http://www.mass.gov/legis/laws/mgl/272-53a.htm

It says: Section 53A. (a) Whoever engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or whoever pays, agrees to pay, or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another natural person, shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500 or by both such imprisonment and fine, whether such sexual conduct occurs or not.

And then, the state of Massachusetts definition of "sexual conduct" --

http://archives.lib.state.ma.us:8080...88Acts0226.txt

"Sexual conduct", human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.

Kara Rogers, writing under the Web pseudonym “Miss Gorgeous,” allegedly informed Fong she is paid $175 a half hour for virtually everything, including “spanking, role play, bondage, tease, bondage and toys.”

A full hour of torture was $250, and an extra $50 earned a customer extra benefits, according to Fong.
(Boston Herald Police Bureau Chief
Tuesday, August 28, 2007)

It seems the key is that money must be paid, or agreed to be paid, for these things to be done in a sexual context. These things between consenting individuals as part of a relationship is not mentioned. Just like giving sex away is not a crime, but receiving/offering money for it is.

Interesting enough, I did a search for BDSM clubs in Boston and found ones that seem to be legal. So, apparently, one *can* indeed charge for services when operating within the law. After researching license laws for adult oriented businesses in the Boston area, they are indeed subject to zoning and licensing regulations.

Just like any other business.

sarah

Last edited by sarah thorne; 09-10-2007 at 12:56 PM.
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