MODEL CODE TO DECRIMINALIZE SEX WORK

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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that prohibits the providing of sexual services for money or other items of value, also known as prostitution, will be repealed upon the adoption of this code.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.