Are Escort Companies Legal? A Defense Attorney Explains

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 certain counties in Nevada.¹

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 one does, then the person may 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?

The prostitution laws of most states say that prostitution is the crime of:

1. willfully engaging in sexual intercourse or a lewd act with someone else, and
2. doing so in exchange for money or something else of value.²

Note that prostitution includes sex acts like:

• fellatio,
• cunnilingus,
• masturbation, and
• anal intercourse.³

In terms of payment, note that 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 often referred to as

• “pimping” or
• “promoting prostitution.”⁴

Note, too, that the exchange of drugs is sufficient to constitute payment for prostitution purposes.

Prosecutors usually charge prostitution as a misdemeanor. Depending on your criminal record and the facts of your case, criminal charges are 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 is also a crime under the criminal laws of most states.

“Solicitation of prostitution” is usually defined as offering or agreeing to commit prostitution.

Soliciting is sometimes thought of as attempted prostitution. Further, prosecutors use the crime to file criminal charges against the person trying to pay for sexual services from a prostitute.

Solicitation is usually charged as a misdemeanor and offenders may face the same penalties as prostitution.⁶

Note that people who are guilty of either solicitation or prostitution are not required to register as sex offenders.

4. Can a criminal defense attorney help?

Yes. If you are facing criminal charges for certain sex offenses or illegal acts, it is critical to consult with a criminal defense lawyer.

A defense attorney or sex crimes attorney can help you contest a charge with a legal defense.

If you are convicted of a sex crime, a lawyer can also help in your sentencing case and work to minimize any penalties imposed.

Note that most defense lawyers and law firms/law offices provide free consultations. A free consult means you can receive legal advice at no cost.

Further, 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.

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