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Specific laws vary from state to state, but in general, the distinction between paid-for physical contact and "prostitution" comes down to the purpose of the touching. Advertisement Some state laws are more explicit than others about what exactly counts as sex or sexual contact. For instance, Texas penal code describes sexual contact as any touching of the anus, breast, or genitals with intent to arouse. New York state doesn't give a specific definition in its prostitution laws, but the courts have adopted guidelines taken from a law about disseminating indecent material to minors. It's illegal to pay for anything included in the following list: Performing an erotic dance while being touched on the exposed breasts or buttocks counts as sexual conduct.
In the view of one court, BDSM activities like spanking and foot-licking don't. As for masturbation, New York judges have decided that you can perform the solo act, but you can't give somebody else a hand. Legal fantasy sex might include fetish and bondage acts. In these areas, workers commonly have a no-touching rule—both to protect themselves from clients and to stay legal. Simulated intercourse and lap dances, again with no actual contact, could also qualify. What about at-home massages?