# What is considered 'prostitution'?

**URL:** <https://boards.straightdope.com/t/what-is-considered-prostitution/843182>\
**Category:** In My Humble Opinion\
**Created:** [November 8, 2019, 7:40pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182 "2019-11-08T19:40:18Z")\
**Posts on this page:** 11\
**Page:** 1

<div class="post-metadata">

**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [November 8, 2019, 7:40pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/1 "2019-11-08T19:40:18Z")

</div>

A pal of mine, a woman, is way into the kink community.

She wants to start up an event planning firm putting together kink events and gangbangs. Honestly, who knew there was such a demand from the ladies to be the center because that’s who’s asking her to organize them.

But she worries about being on the hook for a prostitution arrest when she charges for organizing them. I’ve told her she’s just an event planner and I think she’d be off the hook so long as the lady at the focus was not being paid to service the men involved.

But law’s not my thing. Anyone have any opinions and resources? I’m looking specifically in South Carolina.

---

<div class="post-metadata">

**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [November 8, 2019, 8:09pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/2 "2019-11-08T20:09:31Z")

</div>

I think under South Carolina law your friend would be on the hook for pandering and the gangbangee would be up on a prostitution charge. See relevant law [here](https://www.criminaldefenselawyer.com/resources/criminal-defense/state-crime/pandering-laws-south-carolina.htm).

---

<div class="post-metadata">

**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [November 8, 2019, 8:17pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/3 "2019-11-08T20:17:49Z")

</div>

I think she’d really benefit from local legal counsel prior to her commitment to anyone.

---

<div class="post-metadata">

**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 8, 2019, 8:43pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/4 "2019-11-08T20:43:48Z")

</div>

A friend of mine has organized events like these in Oregon, usually for Halloween. She rents the space, puts up decorations, sets out snacks for hospitality(or has me do it for her), and sets out areas for play of different sorts. She charges per person or couple, but there are signs everywhere basically saying “NO MEANS NO!”, and no one is obligated to do anything with anybody. Money taken is used for the next event, so no one profits.

---

<div class="post-metadata">

**Author:** ![nightshadea](https://avatars.discourse-cdn.com/v4/letter/n/7ba0ec/32.png) [@nightshadea](https://boards.straightdope.com/u/nightshadea)\
**Post date:** [November 8, 2019, 8:53pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/5 "2019-11-08T20:53:51Z")

</div>

in LA county, you can have such events but you can’t charge for them (although there’s a no charge law for any type of private residence party at all)

Now you can have a for-profit playroom but there’s a strictly no sex rule/no “play for pay” that most places strictly enforce …

---

<div class="post-metadata">

**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [November 8, 2019, 9:06pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/6 "2019-11-08T21:06:24Z")

</div>

Fornication is still against the law in South Carolina (as are adultery, buggery, indecent exposure, and presenting or participating in an obscene performance). So the OP’s friend could get arrested on several charges without even bringing up prostitution charges. And some of these charges can lead to five years in prison.

This is definitely a situation where she should be consulting a lawyer who practices in the jurisdiction and specializes in this area of the law.

---

<div class="post-metadata">

**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [November 8, 2019, 9:12pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/7 "2019-11-08T21:12:33Z")

</div>

Oh, I certainly agree. This is my first blush ask. I’ve told her to find a real lawyer locally.

---

<div class="post-metadata">

**Author:** ![GreenHell](https://avatars.discourse-cdn.com/v4/letter/g/ea666f/32.png) [@GreenHell](https://boards.straightdope.com/u/GreenHell)\
**Post date:** [November 9, 2019, 12:54am UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/8 "2019-11-09T00:54:03Z")

</div>

Prostitution? This is the South. Dildos are still illegal in some jurisdictions.

---

<div class="post-metadata">

**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [November 9, 2019, 1:10am UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/9 "2019-11-09T01:10:34Z")

</div>

I’d be more worried about pimping and pandering laws which are much more harsh than prostitution laws.

---

<div class="post-metadata">

**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\
**Post date:** [November 9, 2019, 3:11am UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/10 "2019-11-09T03:11:11Z")

</div>

I live in Nevada. It’s well defined. And just down the road. Pass it everytime I go to Home Depot.

That’s a whole 'nother thing, there.

---

<div class="post-metadata">

**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\
**Post date:** [November 9, 2019, 1:36pm UTC](https://boards.straightdope.com/t/what-is-considered-prostitution/843182/11 "2019-11-09T13:36:49Z")

</div>

> [@Little\_Nemo](#):
>
> Fornication is still against the law in South Carolina (as are adultery, buggery, indecent exposure, and presenting or participating in an obscene performance). So the OP’s friend could get arrested on several charges without even bringing up prostitution charges. And some of these charges can lead to five years in prison.

Anti-fornication laws may be on the books but they are not enforceable. The _Lawrence vs. Texas_ case ruled directly that (unmarried) gay men can engage in so-called sodomy without government interference in their privacy. This has been [extended](https://en.wikipedia.org/wiki/Lawrence_v._Texas#Sexual_privacy) to anti-fornication laws and such in general.
