• Is Escorting Legal? The Grey Area Explained.

    Escort and client on a date

    Jump To

    Most people think an escort is just a prostitute with some extra panache. Someone who sells their body but might get taken to a fancy to-do instead of a dingey motel. 

    Those people are not entirely wrong. The two jobs are pretty similar in a way, with someone getting paid to spend their time with a client and keeping them happy. The difference comes with how they keep their customers smiling.

    That does beg the question “If escorting and prostitution are so similar, then is being an escort also illegal?”

    Escort services are legal in the US, but the devil is in the details as with most American laws.

    Escorting vs Prostitution

    Is there any actual difference between escorting and prostitution?

    Technically speaking, yes. 

    Prostitution, including soliciting a prostitute, is illegal in every state except Nevada. Escort services are heavily regulated but legal in all states. 

    An escort is paid to provide company and non-sexual companionship to their client. This usually involves attending an event, such as a fundraiser, gala, or party. All the escort needs to do is show up, look glamorous, and be charming.

    A prostitute is paid to provide sexual pleasure. That’s it. 

    That is not to say a prostitute can’t be brimming with glamour and charm, but it isn’t a requirement. 

    Both jobs engage in transactional relationships that require a person’s body and time. One thing that separates escorts from prostitutes is whether or not sex, of any kind, is on the table. 

    Say, for example, an old, rich dude wants to bring a woman half his age to a black tie event. He can hire an escort service to provide a lady for the evening’s festivities that suit his preferences. 

    The duo can have a night filled with laughs, drinks, sparkling conversation, and the tearing up of dance floors. The moment he tries to have sex with his date, a line has been crossed. 

    If our client had hired a prostitute, they could have the same date and end it with a bang, so to speak. 

    The dividing line is just whether or not the agreed-upon services include sex or sexual acts. Escorts are hired solely for the purpose of social interaction, meaning they’ll be your friend-for-hire. 

    Prostitutes will be your friend-with-benefits. 

    Legally Blonde, Brunette, or Red Head

    So, how is escorting legal when prostitution outside of Nevada is considered a crime?

    Legally speaking, escorts are not sex workers. They do not, on paper, offer sexual favors for money. Escorting is considered “entertainment” and requires a license from the local government, usually the police. 

    That is why the language used on an escort’s profile is so important. While some might throw caution to the wind and advertise specific sex acts they’ll perform, most stick to subtler semantics.

    When looking for an escort through an agency or on sites like Backpage, there will be lots of talk about “having a great night” or “giving pleasure” but nothing specific or overtly sexual. Agencies and higher-profile sights make sure to keep things vague and legally gray.

    Independent escorts, like ones found on any social media site, can be more explicit because one person draws less attention than a whole company.

    For both independent and agency levels, you’ll see a lot of services like massage offered and an explicit statement of not being hired for sex. That is usually followed by saying “but, I’m open.”

    It is possible that an escort and her client could engage in naughty fun, but it better not be happening while the meter is running. If any sexy shenanigans take place, then that would be considered prostitution and thus illegal. 

    Even with clear contracts and sticking to the rules, escort companies are not free of legal worries. Much like states with legal weed, medical or recreational, the stigma around escorting leads to police raids and harassment. 

    Most escorts live by the mantra that if something is not explicitly stated, then it’s not breaking any rules. 

    Escort Services

    As mentioned above, escorts need to be very specific about their services. And by very specific, we mean vague enough to have plausible deniability. 

    The key term when it comes to escorting is “companionship”. An escort is there to, well, escort someone through a social event. They’ll act as your charming date who gives the client an aura of sophistication and being a desirable person. 

    To put it simply, the escort is there to make their client feel like a top-level player and the envy of their friends. 

    The services offered don’t stop at being a piece of world-class arm candy. Many agencies and indie escorts will offer different types of massages as a therapeutic form of relaxation. This could include a basic massage, an erotic massage, or a full-release massage. 

    Offering a full-release, or “happy ending” massage also falls into a legal gray area. Strictly speaking, happy endings are illegal. However, unless the masseuse is caught, um, red-handed… then there isn’t much to be charged with. 

    Another popular service is offering a “Girlfriend Experience”, or “GFE”. This is an additional layer of companionship where the escort will act like they are their client’s romantic partner. This blurs the line between a purely transactional relationship and an intimate one. 

    This can be emotionally fulfilling for clients who are more interested in the emotional than physical, and may help them get over a previous relationship.

    No matter the service, it is made clear that there are boundaries in place. An escort will do their best to make sure the client enjoyed themselves, but when the time runs out, that is it. 

    Sexy Subterfuge

    Most people can agree on two things: sexuality is complicated, and contracts are tricky. 

    As far as contracts go, many people have experienced or at least heard of someone being taken advantage of because of murky phrasing in a contract. Just because someone is doing something wrong doesn’t matter if they aren’t technically breaking the contract. 

    That is an advantage to certain escorts with clients who have specific tastes. Yes, if there was any intercourse, sodomy, or touching of specific areas (butts, boobs, dongs, etc.), it counts as prostitution.

    But what if the client just wants to give a foot massage or have the escort insult them? It isn’t on the escort if the client gets their kicks that way. 

    So much of this is difficult to classify as a sexual act for the same reason prostitution is widely criminalized. The people who write those laws often have a puritanical and unimaginative view of sex. 

    Escorts can operate without worry as long as they are licensed and can be creative with their language and behavior. They may still get harassed, but it is hard to prove the actual laws were broken if there is either no evidence or the act doesn’t fall under the legal classification of sexual acts. 

    Keeping Good Company

    Escorting is legal in the United States with a license. Prostitution is illegal outside of Nevada.

    As long as the escort, by way of an agency or as an independent contractor, provides the service of being a social companion and does not engage in sexual activity, then everything is above board. 

    An escort is hired to be a friend for the evening and nothing more. They’ll join you for an evening of conversation, a relaxing massage, or whatever else you want while being professionally discreet. 

    If you hire an escort, just keep it in your pants or learn to keep quiet and you’ll be in for a great evening. 

     

      • Justin Perlman (he/him) is a comedian and writer based in Atlanta. He has two cats named Dr. Whoopsy-Daisy & Superintendent Chalmers and cries at the ending of Robocop.

      More Popular Articles

      Upcoming Philly Events