MODEL CODE TO DECRIMINALIZE SEX WORK
By Bob McCormack
This version is specifically designed for Arizona, but could be
adapted in any state. Some items have not been addressed, such as the
overlap between businesses that provide sexual services and those that
feature other adult entertainment, such as exotic dancers. For example,
legal brothels in Nevada often have a dram shop license, which allows
customers of sexual services to enjoy alcoholic beverages as well as
sexual interaction.
I. Current legislation that prohibits the providing of sexual
services for money or other items of value, also known as prostitution,
will be repealed upon the adoption of this code. Providing of sexual
services will be allowed under the regulations contained in the
following sections of this code.
II. Sexual services may be provided on an incall basis at a business
location. Such businesses should be issued a license for the providing
of sexual services and should be located in areas where other
adult-oriented businesses are currently allowed. [Note 1.] Such
businesses may display a sign with the name of the establishment and
some discreet symbol that indicates the nature of the business.
III. Sexual services may also be provided by a licensed outcall
agency. Agencies could operate in conjunction with an incall location or
could operate in any other way that seemed reasonable. Some examples
include agencies that dispatched providers from a headquarters office or
agencies that consisted of nothing more than an operator/ dispatcher who
contacted available sexual providers and directed them to locations
requested by customers.
IV. Sexual providers may also work independently of any incall
business or outcall service. Such providers would presumably provide
services from their home or some other suitable location, or by working
outcall without an agency.
V. Sexual providers, whether they work independently or are employed
by an incall business or an outcall agency must be licensed and must be
periodically certified as being in good health. [Note 2] Sexual
providers must be eighteen years of age or older in order to work for an
incall business or an outcall agency.
VI. This code does not prohibit persons from agreeing informally
among themselves to provide or purchase sexual services. [Note 3] Under
such circumstances, no license is required; however, a person who
frequently provides sexual services in this manner will be presumed to
be engaging in the business of providing sexual services and must be
licensed and age eighteen or older.
VII. Independent providers as well as businesses that employ licensed
sexual providers may advertise in publications intended for adult
readership. They may also be listed in telephone books. [Note 4]
Businesses providing sexual services may operate twenty-four hours a
day. Sexual providers, whether licensed or unlicensed, are prohibited
from soliciting customers in public areas. Some examples of public areas
are streets, sidewalks, parks and shopping centers. [Note 5]
VIII. Customers of sexual providers must be age eighteen or older.
[Note 6] Incall businesses and outcall providers should verify age by
checking identification prior to providing sexual services to a
customer.
[Note 1] I have deliberately avoided selecting a name for a business
that provides sexual services. Common terms include bordello and
brothel, as well as the more pejorative whorehouse. Probably none of
these words should appear on a sign that is publicly displayed. Perhaps
a single red light that is noticeable night or day would be appropriate.
[Note 2] Based on the current state of the law and the accompanying
harassment, sexual providers would undoubtedly prefer that they not be
licensed. Given the legitimate health concerns and considering that even
hairdressers and cosmetologists must be licensed, licensing sexual
providers seems quite appropriate. I doubt that any state would ever
agree to decriminalization without some type of licensing and health
inspections. Providers would probably find it in their interest to be
able to advertise themselves as "licensed sexual providers." I am not an
expert on public health issues, so I have left open how often a health
check-up should be required.
[Note 3] Such arrangements are probably occurring routinely today
without attracting any interest of law enforcement. The code would
merely establish such activities as legitimate and remove any fear on
people’s part of raising the issue in conversation.
[Note 4] Perhaps such businesses would prefer to continue the
practice of appearing in the Yellow Pages under the euphemism of
"escorts." Once decriminalization has occurred, I think a discreet
listing under "sexual providers" would be appropriate. Incall operations
could list an address as well as a phone number.
[Note 5] If both incall and outcall providers were legally available,
as well as the chance to hook-up informally, there should be almost no
demand for street prostitutes, and this prohibition should largely be
unnecessary.
[Note 6] The minimum age to be a customer of a sexual provider should
be the same as the age of consent in that particular state. Similarly, a
person could legally agree to provide services informally at the state’s
age of consent. An actual licensed sexual provider should be at least
eighteen years old, regardless of the state’s age of consent.
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