California sees a significant number of arrests directly linked to massage parlors. Law enforcement often acts on anonymous tips, indicating these places as hotspots for sexual activities, such as Penal Code 647(b) solicitation of prostitution.
Police will typically target the people who are working in a massage parlor or the visiting customers after they have information about unlawful sexual activity. This is especially true in Orange County, where they believe sex trafficking is occurring.
California massage parlors often engage in illegal activities, such as solicitation of prostitution, which is the exchange of money for sexual favors. The consequences can be severe, as seen in the case of Robert Craft, the owner of the New England Patriots, who was arrested for alleged sexual conduct inside a massage parlor.
Due to the increased allegations of sexual criminal activity in massage parlors, law enforcement has significantly stepped up their investigations. Many of the convictions related to massage parlors include the sex trafficking of minors under 18. However, there are situations where innocent customers have been caught up in the vast net.
Most people know it's illegal in California to operate a brothel or any similar place with the intent to permit prostitution. Still, some businesses ignore the laws and allow them for potential financial profits.
Frequently, these businesses advertise their services as massage parlors or spas but are just a scheme to commit acts of prostitution. As noted, police now aggressively target massage parlors for illegal prostitution, and many places were closed for operating large-scale illegal underground prostitution rings. Our California criminal defense lawyers will examine this topic in more detail below.
What Are the County and City Ordinances Dealing with Massage Parlors?
Many California counties have connected the operation of massage parlors with significant increases in prostitution trafficking, drug crimes, and other related offenses involving massage therapists, parlor owners, and out-call massage services.
Numerous local and state laws regulate massage services, which generally include permit requirements for massage therapists and massage parlors. Violations of these ordinances could result in misdemeanor charges, hefty civil fines, and administrative sanctions.
California Business and Professions Code 4600-4620 regulated massage parlors until January 1, 2022. It authorized the CA Massage Therapy Council to issue certificates
With the repeal of Business and Professions Code 4600-4620, massage parlor regulations have transitioned to local ordinances. This means that the certification of massage parlors now depends on these local laws.
As noted, as of 2022, after the repeal of Business and Professions Code 4600-4620, California law pretty much allows local municipalities to issue permits, regulate massage parlors, and certify massage therapists.
Thus, many local municipalities have aggressively pursued the opportunity to regulate massage parlor services. For example, the City of Los Angeles adopted Code Sections 103.205 and 103.205.1, requiring police permits for all massage parlors and therapists.
Los Angeles Code Section 103.205 lays out other requirements for massage parlors, therapists, and out-call services, including:
- No massage therapist or employee can expose their genitals, buttocks, or female breasts or make intentional contact with the genitals or anus of another person.
- No massage parlor service can operate between 10 p.m. and 7 a.m.
- No massage parlor can engage in unfair business practices, such as misrepresenting the services or therapist qualifications.
- The city can hold public hearings on the massage business operations if they receive complaints or protests.
- Every massage business has to maintain personnel lists that identify all their employees who offer massage services.
- Nobody can enter a massage business while possessing or consuming alcoholic beverages or drugs.
- No massage parlor business can store or sell sexually oriented material.
What Are the Penalties for Illegal Massage Services?
The penalties for operating massage services without the required permits or in violation of other provisions are determined by the local ordinance in place.
For example, under the Los Angeles massage ordinance Code Section 103.205, operating a massage parlor or out-call service without a permit is a misdemeanor crime that carries a fine of up to $1,000 and up to six months in jail.
Further, any other violations of City of Los Angeles Code Section 103.205 will subject the perpetrator to administrative sanctions and civil remedies.
City authorities could also pursue legal action against illicit massage services for tax evasion, money laundering, and labor code violations.
Authorities could also pursue permit violations against massage business owners and working massage therapists, which carry huge fines.
Massage therapists who provide sexual-related services can face criminal charges of soliciting prostitution. The massage parlor owners could be charged with pimping and pandering. The customers could also be charged with related sex crimes.
What Are the Related Crimes for Massage Parlors?
Law enforcement agencies frequently arrest people for sexual-related offenses directly connected to a massage parlor. Prosecutors commonly charge people with other related crimes for operating an illicit massage service, such as the following:
- Penal Code 647(b) PC - solicitation of prostitution.
- Penal Code 266h PC - pimping.
- Penal Code 266i PC - pandering.
- Penal Code 653.23 PC - supervising or aiding prostitution.
- Penal Code 236.1 PC - human trafficking.
What Are the Best Legal Defenses?
If you have been caught up in a police sting related to a massage parlor in California, our lawyers need first to review all the details of the case to determine a defense strategy. Perhaps your constitutional rights were violated.
The best legal defenses will depend on the facts and circumstances of the case. In cases where your guilt is not in question, there are still strategies to minimize the impact of a conviction on your life. Perhaps you don't have a criminal record, which can put you in a solid position to resolve the case favorably.
If you were charged with solicitation of prostitution, perhaps we can argue you had no intent to solicit sexual services in exchange for money. The prosecutor has the burden of proof in all criminal cases.
Our law firm has represented people who work for massage parlors who were accused of massaging without a license or some other related crime.
If you were charged with operating a massage service without a permit, we could help you. Perhaps we can argue that the sexual-related charges are false and that the massage services performed were therapeutic rather than sexual.
Maybe we can argue there was no money exchange for consensual adult activities. Eisner Gorin LLP is located in Los Angeles, California. You can contact our law firm by phone or fill out the contact form.
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