39-17-918 - Massage or exposure of erogenous areas.

39-17-918. Massage or exposure of erogenous areas.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Compensation” means payment, loan, advance, contribution, deposit, or gift of money or anything of value;

     (2)  “Erogenous area” means the pubic area, penis, scrotum, vulva, vagina, perineum, anus or breast;

     (3)  “Massage” means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics; and

     (4)  “Masseur” or “masseuse” means a person engaged in the activities set forth in subdivision (a)(3).

(b)  It is unlawful for a masseur or masseuse to expose the masseur's or masseuse's erogenous area for compensation or to touch with any part of the masseur's or masseuse's body, or fondle in any manner or massage an erogenous area for compensation. The provisions of this section shall not apply to any person authorized by the laws of this state to practice any branch of medicine, surgery, osteopathy, chiropractic or chiropody, any person holding a drugless practitioner's certificate or any person licensed as a physical therapist, while such person is acting within the scope of the license.

(c)  A violation that this section is a Class A misdemeanor.

[Acts 1989, ch. 591, § 1.]