Legitimate escort companies are generally legal. An escort agency is essentially a business that provides its clients or customers with a companion for a certain fee. People might pay for an escort in order to have a friend or partner at:
- an entertainment event,
- a business event, or
- dinner.
Escorts are prohibited from providing clients with sexual services.
With regards to the latter, escorts are different from prostitutes. A prostitute is someone who willfully engages in sexual intercourse with another person in exchange for money or something else of value.
Prostitution is generally illegal in the U.S., except for in licensed brothels in certain counties in Nevada.1
Below I discuss what you need to know about escort service-related crimes. Also listen to our informative podcast:
1. What are escort services?
Escort agencies provide paying clients with companions, or escorts. Customers might pay for an escort to take to a special event or to socialize with.
Most jurisdictions require escorts to have a special escort license.
As mentioned above, escorts are prohibited from providing paying clients with any type of:
- sexual acts,
- sexual conduct,
- sexual favors, or
- sexual activity.
If they do, then they face prostitution charges.
While legitimate escort companies are legal in the U.S., some agencies use escorts that provide clients with illegal sex acts. As a result, escort companies are sometimes subject to sting operations by law enforcement and police officers.
2. What is prostitution?
Most states say that prostitution is the crime of:
- willfully engaging in sexual intercourse or a lewd act with someone else, and
- doing so in exchange for money or something else of value, such as drugs or forgiving a debt.2
Note that prostitution includes sex acts like:
- vaginal intercourse,
- fellatio,
- cunnilingus,
- masturbation, and
- anal intercourse.3
In terms of payment, money or the thing of value exchanged does not have to go to the person who is performing the sex act. It can be made to someone else. This is commonly referred to as:
- “pimping” or
- “promoting prostitution.”4
Prosecutors usually charge prostitution as a misdemeanor. Depending on your criminal record and the facts of your case, a conviction is punishable by:
- jail time,
- community service hours,
- fines, and
- completion of educational courses on the effects of prostitution and sex trafficking/human trafficking.5
See our related article, Is prostitution legal in Las Vegas?
3. What is solicitation?
Solicitation – which is offering or agreeing to commit prostitution – is also a crime under the criminal laws of most states. Soliciting is sometimes thought of as attempted prostitution.
Solicitation is usually charged as a misdemeanor, and offenders may face the same penalties as prostitution.6
Note that people convicted of solicitation or prostitution typically are not required to register as sex offenders.
4. Can a criminal defense attorney help?
Yes. If you are facing criminal charges for any sex offense, it is critical to consult with a criminal defense lawyer to discuss how to fight the charges. If you get convicted, a lawyer can also help in your sentencing case and work to minimize any penalties imposed.
Note that your communications with a lawyer are protected by the attorney-client relationship. According to this bond, an attorney cannot disclose your confidences without first getting your consent.
Both escorts and customers face prostitution charges if they trade sex for a fee.
Additional Reading
If you are a sex worker in need of help, refer to the following:
- National Harm Reduction Coalition – Resource library
- Red Umbrella Fund – Sex worker-led participatory fund to advance the interest of sex workers
- Sex Workers Project – Medical, financial, and mental health resources
- National Human Trafficking Hotline – Immediate help for victims
Legal References:
- Timothy Williams, “In Washington, a Fight to Decriminalize Prostitution Divides Allies,” New York Times (2019).
- See, for example, California Penal Code 647b PC and CALCRIM No. 1153, Judicial Council of California Criminal Jury Instructions (2024 edition). See, for example, People v. Portillo (Cal.App. 2023) .
- See, for example, Colorado Revised Statutes 18-7-201. See also People v. Mason (1982) 642 P.2d 8.
- See, for example, People v. Bell (1988) 201 Cal.App.3d 1396.
- See, for example, Florida Statute 796.07.
- See, for example, Nevada Revised Statutes NRS 201.354.
