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#4075 - 07/15/19 12:25 AM Re: statutes [Re: Mistress Tissa]
Mistress Tissa Offline

Sage

Registered: 11/02/15
Posts: 735
Loc: Philadelphia
Komodo thought that what I said about BDSM being illegal in New Jersey was unbelievable, so here you go:

https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu

(link not purposefully make active so the NJ website doesn't see a bunch of referrals from this site)

In statute 34:1, it defines "prostitution" as including "sadistic or masochistic abuse and other deviate sexual relations."

The others states in which their prostitution statutes specifically includes sadomasochistic abuse or some variant as a "sexual act" or "sexual contact":

Arizona
Hawaii
Louisiana
Maryland
DC


States in which toilet play (urine and/or feces) is included in the statute about prostitution:

New Hampshire
North Carolina
North Dakota


States in which the definition of "touching genitals" and/or "masturbation" could include CBT:

Oklahoma
Rhode Island
South Dakota
Texas
Washington


States in which there are extremely broad definitions which include anything designed for "sexual gratification" or that which is "lewd" and "lascivious":

Delaware
Oklahoma


State in which a live BDSM show is considered illegal due to "indecency":

Oregon

State in which "basic dominance and submission" are specifically EXCLUDED from the prostitution statute:

New York

This is not a complete list of all statues and it doesn't qualify as a substitute for legal advice from an attorney.

(Credit to attorney Steven Sandler for the source I'm citing.)

Are these enforced? I can't tell you the extent of the enforcement of these laws. It doesn't seem they are for the most part because otherwise you wouldn't have people in these areas advertising the things which are included in the statutes. Ignorance of the law wouldn't last long.

That said, it's still worthwhile to be familiar with the statutes in the places we play so we can go about this wisely.


Edited by Mistress Tissa (07/15/19 12:31 AM)

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#4110 - 07/15/19 01:42 PM Re: statutes [Re: Mistress Tissa]
Jiminhales Offline
Regular

Registered: 06/23/19
Posts: 126
Loc: Maryland
Holy Moly, I am a habitual criminal. Damn.
I love what you posted. Great information. I am in no way putting the burden on the Domme but a really common question I have been asked is “What have been my experiences”? Depending on my answer, I will get a response like, “ we will fit well together” or “ you may want to look for someone else”.
I remember one Domme telling me if she is talking to someone with no experience she will ask them what type of BDSM porn they like to watch. The answer gives her everything she needs to know without implying strapon or bi will be part of the scene. Thanks

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#4155 - 07/16/19 07:07 PM Re: statutes [Re: Mistress Tissa]
Miss Adah Vonn Offline

Artisan

Registered: 07/16/19
Posts: 75
Loc: Poughkeepsie, NY
Great list. Thank you for posting!

I do believe Massachusetts outlaws it as well, though at which tier I'm not sure
_________________________
"She who is Master can end a sorrow as easily as She can invent a pleasure" ~

Website »» AdahVonn.com
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#4655 - 07/30/19 08:58 PM Re: statutes [Re: Miss Adah Vonn]
Mistress Tissa Offline

Sage

Registered: 11/02/15
Posts: 735
Loc: Philadelphia
Originally Posted By Miss Adah Vonn
I do believe Massachusetts outlaws it as well, though at which tier I'm not sure


Here's the MA statute:

malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section53A

(Again, intentionally not linked.)

They use the phrase "sexual conduct" (for a fee). But of course we ask: what defines "sexual conduct"?

There is a case cited in my info Commonweatlth vs. Lavigne (1997) for which details are found here:

masslawyersweekly.com/fulltext-opinions/1990/01/01/commonwealth-v-lavigne/

In it is the phrase "manipulation of genitals". It then goes on to say, "Such an act is unquestionably sexual conduct violative of § 53A when offered or requested for a fee."

So, I would infer that in the very least CBT could be construed as prostitution.

Of course, because so many people conflate eroticism and sex, anything of an erotic nature could violate this statute. And MA is hardly the one, or one of the few, who use vague language.

I have heard various mumblings about Boston, in particular, but I honestly don't know what, if any, specific things apply to the municipality of Boston or the real issue is MA in general.


Edited by Mistress Tissa (07/30/19 08:58 PM)

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#4675 - 07/31/19 07:26 AM Re: BDSM and the Law [Re: Mistress Tissa]
gimp Offline
Regular

Registered: 07/25/19
Posts: 114
Loc: NJ, USA
Thanks for posting. Would you happen to know if the same law applies when doing a video vs just a regular session?

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#4778 - 08/02/19 11:34 AM Re: statutes [Re: Mistress Tissa]
Jiminhales Offline
Regular

Registered: 06/23/19
Posts: 126
Loc: Maryland
Can we cut to the chase? States that someone can strap a big ole strapon and use it on me and it’s not illegal?
Sorry if too direct. Thanks

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#4786 - 08/02/19 04:57 PM Re: statutes [Re: Jiminhales]
Cheyenne Online   content

Pooh-Bah

Registered: 07/12/19
Posts: 2292
In some states this is legal...not a lot but, a few. Most states, break down into counties that are either conservative on these type activities or, not. It is really about knowing where you are and, what the local area will turn a blind eye to. For example, Columbus, Ohio is very blind eye to these things. As long as an adult service is not a public nuisance, they don't really care. 90 minutes to the south, in Cincinnati and, you could get arrested for having an immoral thought.

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#4788 - 08/02/19 05:04 PM Re: statutes [Re: Mistress Tissa]
Komodo Offline
Addict

Registered: 07/12/19
Posts: 430
I stand corrected. Not about this being unbelievable but about it being true. Maybe I should not be surprised since there are places in NJ where drinking or even working on a Sunday is illegal.

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#4802 - 08/03/19 01:39 AM Re: statutes [Re: Cheyenne]
Northstar Offline
Artisan

Registered: 07/29/19
Posts: 75
Loc: NYC
Originally Posted By Cheyenne
In some states this is legal...not a lot but, a few. Most states, break down into counties that are either conservative on these type activities or, not. It is really about knowing where you are and, what the local area will turn a blind eye to. For example, Columbus, Ohio is very blind eye to these things. As long as an adult service is not a public nuisance, they don't really care. 90 minutes to the south, in Cincinnati and, you could get arrested for having an immoral thought.


If the world comes to an end, I want to be in Cincinnati. Everything comes there ten years later. Mark Twain
_________________________
Woman is the North Star in my night sky, but also in Her own.

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#4805 - 08/03/19 06:08 AM Re: statutes [Re: Northstar]
Cheyenne Online   content

Pooh-Bah

Registered: 07/12/19
Posts: 2292
LOL!

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