Lapdancing may get criminalized in Virginia says Fairfax criminal lawyer

Lapdancing and motorboating at risk of being prosecuted along with handjobs under new Virginia legislation, says Fairfax criminal defense lawyer

Lapdancing and motorboating are at risk of getting prosecuted along with handjobs due to new legislation (Legislation) awaiting the governor’s signature, that expands the definition of prostitution. As a Fairfax criminal lawyer, I do not expect a gubernatorial veto, but do see the prospects at language in next year’s legislative session that omits criminalizing the touching of clothed body parts.

This prostitution law expansion was likely focused to prevent paid-for happy endings at massage establishments

Virginia’s current prostitution and prostitution solicitation law is geared towards banning commercial penetrative sexual activity, not lapdancing nor other activities. The Legislation adds to the prostitution definition “the intimate parts, as defined in [Va. Code] § 18.2-67.10, of another person with the intent to sexually arouse or gratify…” Virginia HB 1524.

Va. Code § 18.2-67.10(2) defines “intimate parts” as “the genitalia, anus, groin, breast, or buttocks of any person.” Without limiting language in the Legislation to touching only unclothed bodily parts, this Legislation could lead to arrests and prosecutions even for touching the aforementioned anatomical parts over clothing, in which case the Virginia prostitution statue would extend to criminalizing lapdancing and motorboating. Lapdances are performed at many strip club / adult cabarets, whereby the performer moves her groin and other bodily parts on the customer’s groin, typically for the customer’s sexual arousal. Motorboating is also common at strip clubs, where the customer inserts his face into the provider’s cleavage, often for sexual arousal.

This Legislation needs to be amended to omit lapdancing

Lapdancing is an expressive activity that merits First Amendment protection. The best lapdancers (and exotic dancers) have been trained in classical dancing and are engaged not in a crude paid-for activity, but are actually dancing expertly with the customer’s body as a prop, akin to doing poledancing. This expanded prostitution legislation needs to be amended to exclude lapdances and other over-the-clothing touching.

Prostitution needs to be legalized and not further criminalized

Apparently not uncommon with numerous masseuses who are willing to risk losing their massage license, is for them to include offering to massage the male customer’s penis to the point of ejaculation, sometimes allowing the customer to fondle the provider’s body in the process. This legislation covers both activities.I have repeatedly advocated shrinking our criminal justice system by including the legalization of prostitution, gambling. This Legislation does the opposite, and can include prosecutions for lapdancing and motorboating.

Strip club and massage parlor patrons need to know about this Legislation

Hopefully police and prosecutors will treat this Legislation not as meriting enforcement against lapdancing over clothing-covered intimate parts, rather than payment for such activities as handjobs at massage parlors. Nonetheless, patrons of both places need to know about this law change.

Fairfax criminal lawyer Jonathan L. Katz pursues your best defense against felony, misdemeanor and DUI prosecutions. Please call 703-383-1100 to schedule a confidential consultation with Jon Katz.