"Body rubs"

Is it legal? Or illegal?? To offer body rubs on back page ? If you do not mention massage, or admit to giving one. Just need a little advise please.

when I looked up the laws on it the word body rub could not be used. There are alot of things from my knowledge that can be used. But hey I am not a lawyer.. I would like to see what answers this gets though.
This might help:
http://www.statutes.legis.state.tx.u...htm/OC.455.htm

Unless my memory deceives me, there was a thread either here or on ASPD in which cpi3000 and I talked about what was allowed and not allowed by someone who's not a licensed massage therapist. But the last time this issue came up neither I nor cpi could find it. I'll PM LovingKayla and TheNurse and see if they can enlighten you.

If this link works right...

http://www.dshs.state.tx.us/Layouts/...terms=body+rub

What they say in Texas on the state website for registration of massage therpaist...

I JUST went through this class. It is illegal for you to represent yourself as a body worker of any kind without a license. Body rub, massage, body work, foot rub, nose buffer, big toe peeler, you name it. Energy work is legal only if you do not manipulate soft tissue of any kind at any time.


So basically if you touch him (and sometimes when you don't) it is illegal.

One point of reference is the state can NOT use your reviews against you, only your ad. People can say anything they want (and often do) online. It will not stand in court.


So basically advertising in an adult forum can and would be used against you in court, but you're home free on reviews. You can't escape the law by using term body rub. It would just change the entity that was looking at you with more passion.

Kayla is right...ANY manipulation of tissue without a license is considered illegal. It doesn't matter what you call it. You HAVE to hold a license if you are going to "rub" things.

It CAN be used against you if LE were of the mind to shut you down. You would have no license to lose is the upside but it's a small upside in MY opinion.

I knew a lady once (a LONG time ago) who argued that she wasn't doing massages, she was only doing body rubs and she actually went to jail.

Thank you Shyster for thinking of me...I am V-nurse, not THE nurse! Easy mistake...

So if I put up an Ad under bodyrubs and just say vice comes then I go to jail? I thought they just give you a ticket fine? I just want to know the law before I place an AD. Thanks for all the replys.

If your half naked picture is in the ad, that, a website, the content in your ad etc, is enough evidence to take you to jail.

So if I put up an Ad under bodyrubs and just say vice comes then I go to jail? I thought they just give you a ticket fine? I just want to know the law before I place an AD. Thanks for all the replys. Originally Posted by Julia robertz

I think your question is: In Texas, would I be committing a crime if I advertise as offering bodyrubs (or massage, which is synonymous with bodyrubs under the law), and I'm not a licensed massage therapist?

My answer is: As far as I know, it's not a crime to only advertise that you offer bodyrubs or massages when you don't have a license. However, to actually perform bodyrubs or massages for compensation without a license is a class B misdemeanor if you perform the service at a sexually-oriented business. In Texas, a class B misdemeanor is punishable by up to 180 days in county jail and a $2,000 fine. If the bodyrub or massage is performed at a place other than a sexually-oriented business, it's a class C misdemeanor punishable by a fine only.

If you only give a massage without the liscense to do so, it is just a ticket in Dallas county. Giving a massage without a liscense. Just like if a strip club does not have their s.o.b. liscense, they would be fined for not having their liscense.

Yet another way that people morally police society ... sorry, not to get on a rant here but where the hell is the crime, other than some moron (or moron's) deciding morally what is right and what is wrong. And to this guy, it is absolutely nobody's damn business what two (or more) consenting adults do BCD.

What constitutes a sexually oriented business? I work out of my home. Also, I live in TX now but did live & work in NYC, Miami & LA I actually dont remember which but in one of those places (maybe all it was just raised to me as an issue in one) I was told that it is a BIG problem if the place that you are doing biz in within a certain proximity to a school or church does anyone know anything about this?

What constitutes a sexually oriented business? I work out of my home. Also, I live in TX now but did live & work in NYC, Miami & LA I actually dont remember which but in one of those places (maybe all it was just raised to me as an issue in one) I was told that it is a BIG problem if the place that you are doing biz in within a certain proximity to a school or church does anyone know anything about this? Originally Posted by summer1

What constitutes a SOB and how they're regulated is determined by local ordinances and varies city by city. You may read Austin's ordinance here (it's section 25-2-801):

Austin City Code

The following is from the City of Austin's web site:

Adult-Oriented Businesses

Adult-oriented businesses, like all businesses, must be located in the appropriate zone. In addition, they must not be located within 1,000 feet of a church, school, public park, public playground, licensed day-care or a lot where another adult-oriented business is located. You may not run an adult-oriented business from your home.

My answer is: As far as I know, it's not a crime to only advertise that you offer bodyrubs or massages when you don't have a license. However, to actually perform bodyrubs or massages for compensation without a license is a class B misdemeanor if you perform the service at a sexually-oriented business. In Texas, a class B misdemeanor is punishable by up to 180 days in county jail and a $2,000 fine. If the bodyrub or massage is performed at a place other than a sexually-oriented business, it's a class C misdemeanor punishable by a fine only. Originally Posted by ShysterJon

You might want to check in the Dallas Alerts for the relevant code. The State of Texas passed new laws to regulate ads and part of the law does create penalties for posting ads when you do not hold a valid license.

Unless you have a registered DBA (doing business as) you can't even use a fake name in your ads.

Here's a thread that contains a lot of info for Texas including links to the State list of citations along with links to the revised law.
http://www.eccie.net/showthread.php?t=90977

Here's a good current link:
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5 &ti=25&pt=1&ch=140&sch=H&div=2 &rl=Y

http://www.statutes.legis.state.tx.u...htm/OC.455.htm
The post below shows the state has made it more than just a civil issue. They define what a massage IS and any one doing that action, here's the relevant portion that directly answers you about advertising Body Rubs:
============================== ===============
(8) "Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."
============================== ===============
Sec. 455.352. CRIMINAL PENALTY. (a) A person commits an offense if the person is required to be licensed under this chapter and the person:
(1) knowingly violates Section 455.151, 455.159, 455.202(b), 455.203(a) or (c), 455.204(b) or (c), or 455.205(b), (c), or (d); or
(2) collects a fee or any other form of compensation for massage therapy without being licensed under this chapter.
(a-1) A person commits an offense if the person is required to be licensed under this chapter and the person knowingly violates Section 455.205(a). An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony.
(b) An owner or operator of a massage establishment commits an offense if the person knowingly violates Section 455.151(a), 455.155(d), 455.202(a), 455.204(b) or (c), or 455.205(d). An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony.
(c) An owner or operator of a massage school commits an offense if the person knowingly violates Section 455.151(a), 455.159, 455.203(a) or (c), 455.204(b) or (c), or 455.205(b), (c), or (d).
(d) Except as provided by Subsections (a-1), (b), and (e), an offense under this section is a Class C misdemeanor.
(e) If it is shown at the trial of an offense under this section that the defendant has been previously convicted of an offense under this section, the offense is a Class A misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1300, Sec. 32, eff. September 1, 2005.



Sec. 455.353. ENFORCEMENT BY PEACE OFFICERS. A peace officer of this state, including a peace officer employed by a political subdivision of the state, may enforce this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
================
Too many massage girls think that ONLY TDH officers can check them out and write tickets. I am including the above section to point out that the State has made provisions in the law that pretty much ANY peace officer can enforce the laws about massage so if you think that just because a DPD officer cites you that you'll get the citation dismissed, you are 100% dead wrong.

You might want to check in the Dallas Alerts for the relevant code. The State of Texas passed new laws to regulate ads and part of the law does create penalties for posting ads when you do not hold a valid license.

Unless you have a registered DBA (doing business as) you can't even use a fake name in your ads.

Here's a thread that contains a lot of info for Texas including links to the State list of citations along with links to the revised law.
http://www.eccie.net/showthread.php?t=90977

Here's a good current link:
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5 &ti=25&pt=1&ch=140&sch=H&div=2 &rl=Y

http://www.statutes.legis.state.tx.u...htm/OC.455.htm Originally Posted by LazurusLong

I looked at the relevant sections of the Texas Occupations Code before I posted (no. 9, above) that I couldn't find anything in it making it a state crime to only advertise as providing massages when you don't have a license to perform massages. I just went through the other thread you referenced and there is no link in it or information stating that it's a state crime to advertise massages without a license. I certainly could have missed something in the Occupations Code. Laz, if you have a link or a citation to a law, please give it.