There are two bills going through the Texas state legislature at this time which may be of interest to full body sensual massage providers. At this time I do not know what other states are doing.
One is 82(R) HB 722. The key points of this (as I am reading it and remember I’m not some legal guru are as follows:
(7) “Massage therapist” means a person who practices,
[or] administers, or offers to practice or administer massage
therapy or other massage services to a client for
The underlined portion is what has been added. As with prostitution, you no longer have to actually give the massage. You are guilty if you simply offer (advertise) it.
Reflexology has been added to massage modalities defined in the Occupation Code. You can not perform reflexology unless licensed to do so under a massage license.
Under sexual contact prohibited, the following statements were added:
(9-e) “Sexual contact” includes:
(A) any touching of any part of the genitalia or
(B) any touching of the breasts of a female
without the written consent of the female;
(C) any offer or agreement to engage in any
activity described in Paragraph (A) or (B);
(D) kissing without the consent of both persons;
(E) deviate sexual intercourse, sexual contact,
sexual intercourse, indecent exposure, sexual assault,
prostitution, and promotion of prostitution as described in
Chapters 21, 22, and 43, Penal Code, or any offer or agreement to
engage in such activities;
(F) any behavior, gesture, or expression that may
reasonably be interpreted as inappropriately seductive or sexual;
(G) inappropriate sexual comments about or to a
client, including sexual comments about a person’s body.
All of the above has been added. I underlined some parts for emphasis. So in other words, sign here if you want to touch my breast. Hope to hell I don’t get an eyelash in my eye and inadvertently wink at you because I would not want that to be interpreted as a sexual gesture. I will no longer speak to you because something I say you may deem as inappropriate. Can we make this any more clinical and less relaxing for massage customers?
(a-1) The department, its authorized representative, or a
peace officer may enter the premises of a place of business that
represents itself as a massage establishment, regardless of whether
the business holds an appropriate license issued under this chapter
at any time that the department or peace officer considers
necessary to ensure compliance with this chapter and the rules
adopted under this chapter.
Now on this page it does not state the definition of a ‘massage establishment’ so I went to the current occupations code which defines it as:
(5) “Massage establishment” means a place of business
that advertises or offers massage therapy or other massage
services. The term includes a place of business that advertises or
offers any service described by a derivation of the terms “massage
therapy” or “other massage services.”
I would like to get clarification on this. Sounds to me that yes, this could mean your house, apartment, bedroom. If you are offering massage services at a certain place, that place is considered a business. So now your residence, if suspected of being part business, is subject to the authorities coming in at any time? I am relatively sure of the intent of this wording but is it ambiguous enough to be left open to interpretation by law enforcement? Like I said, I’m no expert.
(a) A massage therapist may not:
(1) perform or offer to perform massage therapy or
other massage services for compensation or without compensation at
(A) a sexually oriented business; or
(B) a place of business that represents itself as
a massage establishment, unless the establishment holds an
appropriate license issued under this chapter;
(2) perform or offer to perform massage therapy or
other massage services for compensation or without compensation
unless the massage therapist is a United States citizen or a legal
permanent resident with a valid work permit; or
(3) while nude or in clothing designed to arouse or
gratify the sexual desire of an individual, provide massage therapy
or other massage services to a customer.
So you can’t even give away a massage for free unless you are a US citizen or have a work permit. Lord forbid if you want to wear comfortable clothes too. Now you are required to wear a burqa less someone thinks you are dressed provocatively. Hey, some women look pretty sexy in a t-shirt. Just saying…
(f) While in a massage establishment, a person may not:
(1) engage in sexual conduct;
(2) possess a device or item intended to provide
sexual stimulation or sexual gratification to any person; or
(3) possess clothing designed to arouse or gratify the
sexual desire of any person.
If you plan on hitting the clubs after work, can’t bring your sexy little black dress to work with you anymore. You don’t have to be wearing it, just possess it.