I did some in depth legal research into escorting and the prostitution case law. After reading People v. Johnson 60 Ill.App.3d 183, Com. v. Potts 314 Pa.Super. 256, and Bergen v. Wood 14 Cal.App.4th 854, I realized that sex with an escort may be legal.
There is a male escort agency in Las Vegas, NV that caters to women. Their male escort sometimes appears on talk shows. On the shows I watched, the talk show hosts ask them if they have sex with their female clients. They said that they do engage in sexual activities with their female client sometimes. They make it clear that they are not contracted to have sex with them. When the reporter interviews the owner of the agency, he said that he doesn’t sell sex but companionship. The policy of the agency is money up front and no guarantee of sex.
On their website it said that if there is a romantic activity that happens, it is legal. They must consult with lawyers before making such statements. Also they use the disclaimer that state any activities between consenting adult is personal preference and not contracted for.
Why their male escort doesn’t get into trouble with prostitution? The answer is how the escort session is conducted. Women hobbyist goes onto dates with these male escorts. Male escort, on the other hand, tend to book appointments for specific sex session at hotel rooms.
The specific sex session gets male hobbyist into trouble with the law. The Com. v. Potts make it clear that specific sex session for a fee is engaging in prostitution business. If an escort shows up at the hotel or motel room and charge a fee for specific sex session, the act is considered engaging in prostitution business.
If an escort goes out with a client to dinner, movies, shopping, and the date ended up at a hotel room, these activities are considered social companionship. If sex occurs after these activities, it is personal preference between consenting adults.
From the case Bergen v Wood, the court state that a sexual relationship with companionship as a collateral is not prostitution even with the evidence of monetary exchange.
If you show up at hotel rooms, motel rooms, or apartment for specific sex session for pay, this legal defense of social companionship for sexual activities is not a valid defense. In the court decisions Comm. V Pott and People v Johnson did NOT state that you cannot pay for social companionship (escort services). It is a good idea to originate the date in public and move private latter on the date.
Comm. V Potts defines the definition on prostitution business in the Model Penal Code.
Disclaimer
Just legal theory. Not legal advice.