Solicitation of Prostitution Laws in All 50 States + D.C.: A Reference Chart for Massage Therapists

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Prepared as a resource-chart source document for a toolkit for licensed massage therapists concerned about sexually oriented businesses disguised as massage. Statute citations and URLs are formatted for direct placement in a reference chart. Figures flagged “VERIFY” should be checked against the primary statute before publication.

TL;DR

  • Every U.S. jurisdiction except certain licensed-brothel counties in Nevada criminalizes soliciting/paying for sex; a first offense is usually a misdemeanor, but Texas makes first-offense buyer-side solicitation a state jail felony (180 days–2 years, up to $10,000; Tex. Penal Code § 43.021, eff. Sept. 1, 2021), and North Carolina and Nebraska treat certain buyer solicitation as a felony on repeat or aggravated facts.
  • Only four states tie prostitution penalties specifically to MASSAGE businesses in their CRIMINAL codes: Florida (§ 796.07(7) reclassifies the offense one degree higher when it occurs in a massage establishment licensed/required to be licensed under § 480.043), Louisiana (§ 14:83.3 “prostitution by massage,” a standalone crime), Georgia (§ 16-6-17, massage in a place used for prostitution), and — as of 2025 — New Hampshire (HB 405 house-of-prostitution felony, enacted expressly to target illicit massage businesses, though the statutory text itself is not massage-specific).
  • Most large states (CA, TX, NY, IL, WA, AZ, NV, VA) prosecute massage-parlor prostitution under generic statutes and instead combat illicit massage businesses through administrative/licensing closure tools (e.g., Texas TDLR emergency closure orders under HB 3579; California’s Red Light Abatement civil remedy) — a distinction the toolkit should make clear.

Key Findings

  • The buyer/solicitor offense goes by different names: “solicitation of prostitution,” “patronizing a prostitute,” “patronizing prostitution,” “soliciting sexual acts,” “commercial sexual solicitation,” or is folded into a single “prostitution” statute covering both parties.
  • First-offense penalties cluster in the misdemeanor range: typically up to 6 months–1 year in jail and fines of $500–$6,000. Texas is the leading felony outlier for first offenses.
  • Escalation for repeat offenses is near-universal; Florida, Michigan, Pennsylvania (by grading), North Carolina, and Texas all escalate to felony on a second, third, or subsequent offense.
  • The massage-establishment CRIMINAL enhancement is rare (four states). Georgia (§ 16-6-17) and Louisiana (§ 14:83.3) are the clearest “distinct crime” states, with nearly identical mid-1970s/1980s statutory language criminalizing a masseur/masseuse who performs massage in a place used for prostitution. Florida uses a reclassification mechanism. New Hampshire’s 2025 law is massage-motivated but written as a general house-of-prostitution felony.
  • Scale of the problem for context: the anti-trafficking nonprofit The Network, cited by The Cabinet Press (July 14, 2025), estimates more than 15,500 illicit massage businesses operating in the U.S. (earlier Polaris/DOJ estimates put the figure at 7,500–9,000).

Details (by jurisdiction, alphabetical)

Alabama

Alaska

  • Statute: Alaska Stat. § 11.66.100 (prostitution; covers buyer conduct).
  • URL: https://law.justia.com/codes/alaska/title-11/chapter-66/
  • First offense: Class B misdemeanor — up to 90 days jail and up to $2,000 fine. VERIFY exact fine.
  • Repeat: escalates; buyer of a minor faces felony.
  • Massage enhancement: None found.

Arizona

  • Statute: A.R.S. § 13-3214 (prostitution; applies to those who engage/agree/offer).
  • URL: https://www.azleg.gov/ars/13/03214.htm
  • First offense: Class 1 misdemeanor — mandatory minimum 15 days jail (up to 6 months); fine up to $2,500. VERIFY mandatory minimum.
  • Repeat: escalating mandatory minimums; 4th offense becomes a Class 5 felony.
  • Massage enhancement: None found.

Arkansas

  • Statute: Ark. Code § 5-70-102 (prostitution) and § 5-70-103 (sexual solicitation — buyer offense).
  • URL: https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-70/
  • First offense: sexual solicitation is a Class A misdemeanor — up to 1 year jail and up to $2,500 fine. VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

California

  • Statute: Cal. Penal Code § 647(b) (disorderly conduct — solicitation/engaging in prostitution).
  • URL: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN
  • First offense: misdemeanor — up to 6 months county jail and/or up to $1,000 fine.
  • Repeat: second offense minimum 45 days jail; third offense minimum 90 days. Possible driver’s-license suspension if a vehicle was used within 1,000 feet of a residence.
  • Massage enhancement: None in the criminal code. California uses the Red Light Abatement civil remedy (injunction/forced sale of a property used for prostitution) and CAMTC massage-license revocation instead.

Colorado

  • Statute: C.R.S. § 18-7-202 (soliciting for prostitution); § 18-7-201 (prostitution); § 18-7-205 (patronizing a prostitute).
  • URL: https://law.justia.com/codes/colorado/title-18/article-7/part-2/section-18-7-202/
  • First offense: soliciting for prostitution is a petty offense (reclassified effective March 1, 2022) — up to 10 days jail and/or up to $300 fine, plus a possible additional fine up to $5,000 directed to the prostitution enforcement cash fund.
  • Repeat: a third or subsequent solicitation with two priors can become a Class 6 felony.
  • Massage enhancement: None found.

Connecticut

  • Statute: Conn. Gen. Stat. § 53a-83 (soliciting sexual acts — buyer offense); § 53a-83a (patronizing from a motor vehicle).
  • URL: https://www.cga.ct.gov/current/pub/chap_952.htm
  • First offense: Class A misdemeanor — up to 1 year jail and up to $2,000 fine. VERIFY fine.
  • Repeat: commercial sexual abuse of a minor (§ 53a-83b) is a Class B felony.
  • Massage enhancement: None found.

Delaware

  • Statute: 11 Del. C. § 1343 (patronizing a prostitute).
  • URL: https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-vii/section-1343/
  • First offense: misdemeanor with mandatory minimum $500 fine (not suspendable). Within 1,000 feet of a school, church, synagogue, other place of worship, or residence it is a Class A misdemeanor with a mandatory $1,000 fine.
  • Repeat: vehicle seizure applies to a defendant with a prior § 1343 conviction within 5 years.
  • Massage enhancement: None found (note the location-based school/church/residence enhancement).

District of Columbia

  • Statute: D.C. Code § 22-2701 (engaging in, or soliciting for, prostitution).
  • URL: https://code.dccouncil.gov/us/dc/council/code/sections/22-2701
  • First offense: misdemeanor — up to 90 days jail and/or up to $500 fine. VERIFY.
  • Repeat: second offense up to 180 days; third and subsequent up to 2 years. VERIFY escalation tiers.
  • Massage enhancement: None found.

Florida ★ MASSAGE ENHANCEMENT

  • Statute: Fla. Stat. § 796.07 (prostitution; solicitation at § 796.07(2)(f); maintaining a place at § 796.07(2)(a)). Massage reclassification at § 796.07(7).
  • URL: https://www.flsenate.gov/Laws/Statutes/2024/796.07 (official) / https://law.justia.com/codes/florida/title-xlvi/chapter-796/section-796-07/
  • First offense: solicitation is a first-degree misdemeanor — up to 1 year jail and up to $1,000 fine, PLUS a mandatory $5,000 civil penalty under § 796.07(6) for anyone who pleads to soliciting under paragraph (2)(f).
  • Repeat: second offense becomes a third-degree felony; third offense a second-degree felony.
  • Massage enhancement: YES. Under § 796.07(7): “If the place… operated in violation of paragraph (2)(a) is a massage establishment that is or should be licensed under s. 480.043, the offense shall be reclassified to the next higher degree as follows: (a) A misdemeanor of the second degree for a first violation is reclassified as a misdemeanor of the first degree…; (b) A misdemeanor of the first degree for a second violation is reclassified as a felony of the third degree…; (c) A felony of the third degree for a third or subsequent violation is reclassified as a felony of the second degree.” Note: current statutes number this subsection (7), correcting older secondary sources that cite (6).

Georgia ★ MASSAGE ENHANCEMENT

  • Statute: O.C.G.A. § 16-6-9 (prostitution); § 16-6-12 (pandering — soliciting another for prostitution, the buyer-side offense); § 16-6-17 (giving massages in a place used for prostitution).
  • URL: https://law.justia.com/codes/georgia/title-16/chapter-6/section-16-6-9/
  • First offense: prostitution and pandering are misdemeanors — up to 12 months and/or up to $1,000 fine. Buyers are typically charged under pandering (§ 16-6-12). VERIFY buyer charging practice.
  • Repeat: pandering escalates to a felony on repeat or where a minor is involved. VERIFY tiers.
  • Massage enhancement: YES. O.C.G.A. § 16-6-17 (“Giving massages in place used for lewdness, prostitution, assignation, or masturbation for hire”) makes it a distinct misdemeanor for “any masseur or masseuse to massage any person in any building, structure, or place used for the purpose of lewdness, assignation, prostitution, or masturbation for hire.” URL: https://law.justia.com/codes/georgia/title-16/chapter-6/section-16-6-17/

Hawaii

  • Statute: Haw. Rev. Stat. § 712-1200 (prostitution — covers offering/agreeing to pay); buyer/exploitation conduct also under § 712-1200.5.
  • URL: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1200.htm
  • First offense: petty misdemeanor — up to 30 days jail and up to $1,000 fine (older sources say up to $500). VERIFY current fine.
  • Repeat: escalating fines/mandatory sentencing for subsequent offenders. Paying for sex in reckless disregard that the person is a trafficking victim is a Class C felony (Act 206).
  • Massage enhancement: None found.

Idaho

  • Statute: Idaho Code § 18-5613 (prostitution); § 18-5614 (patronizing a prostitute — buyer offense).
  • URL: https://legislature.idaho.gov/statutesrules/idstat/Title18/T18CH56/
  • First offense: patronizing is a misdemeanor — up to 6 months jail and up to $1,000 fine. VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

Illinois

  • Statute: 720 ILCS 5/11-14.1 (solicitation of a sexual act — buyer offense); 5/11-18 (patronizing a prostitute); 5/11-14 (prostitution).
  • URL: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876
  • First offense: patronizing a prostitute is a Class 4 felony; within 1,000 feet of a school it is a Class 3 felony. Solicitation of a sexual act is a Class A misdemeanor. The author should decide whether to feature “patronizing” (felony) or “solicitation of a sexual act” (misdemeanor) for buyers.
  • Repeat: second or subsequent patronizing is a Class 3 felony.
  • Massage enhancement: None found (school-zone enhancement only).

Indiana

  • Statute: Ind. Code § 35-45-4-2 (prostitution) and § 35-45-4-3 (patronizing a prostitute — buyer offense).
  • URL: https://law.justia.com/codes/indiana/title-35/article-45/chapter-4/
  • First offense: patronizing is a Class A misdemeanor — up to 1 year jail and up to $5,000 fine. VERIFY.
  • Repeat: escalates to felony; felony if the buyer has HIV or a minor is involved.
  • Massage enhancement: None found.

Iowa

  • Statute: Iowa Code § 725.1 (prostitution; covers a buyer who pays/offers to pay).
  • URL: https://www.legis.iowa.gov/docs/code/725.1.pdf
  • First offense: conflicting sources — Iowa Code § 725.1 grades prostitution as an aggravated misdemeanor (up to 2 years); some secondary sites describe a “serious misdemeanor, up to 1 year, up to $1,875.” VERIFY grading and amounts against the current statute before publication.
  • Repeat: escalates.
  • Massage enhancement: None found.

Kansas

  • Statute: Kan. Stat. § 21-6419 (selling sexual relations); § 21-6421 (buying sexual relations — buyer offense).
  • URL: https://www.ksrevisor.org/statutes/chapters/ch21/021_064_0021.html
  • First offense: buying sexual relations is a Class A person misdemeanor — up to 1 year jail and up to $2,500 fine. VERIFY.
  • Repeat: escalates; buyer of a minor is a felony.
  • Massage enhancement: None found.

Kentucky

  • Statute: Ky. Rev. Stat. § 529.020 (prostitution; buyer covered).
  • URL: https://law.justia.com/codes/kentucky/chapter-529/
  • First offense: Class B misdemeanor — up to 90 days jail and up to $250 fine. VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

Louisiana ★ MASSAGE ENHANCEMENT

  • Statute: La. R.S. § 14:82 (prostitution); § 14:83 (soliciting for prostitutes). Distinct massage crime at § 14:83.3.
  • URL: https://legis.la.gov/legis/Law.aspx?d=78682 (official)
  • First offense: prostitution/soliciting is a misdemeanor with fines and jail scaling by offense number under § 14:82. VERIFY the precise buyer-side citation and first-offense penalty.
  • Repeat: escalates.
  • Massage enhancement: YES. La. R.S. § 14:83.3 “Prostitution by massage” is a standalone crime: “the erotic stimulation of the genital organs of another by any masseur, masseuse, or any other person… when done for money.” Penalty (subsec. C): “shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.” (Acts 1984, No. 580, §1.) URL: https://law.justia.com/codes/louisiana/revised-statutes/title-14/rs-14-83-3/

Maine

  • Statute: 17-A M.R.S. § 853-A (engaging a prostitute — buyer offense); § 853 (prostitution).
  • URL: https://legislature.maine.gov/statutes/17-A/title17-Asec853-A.html
  • First offense: engaging a prostitute is a Class E crime — up to 6 months jail and up to $1,000 fine. VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

Maryland

  • Statute: Md. Code, Crim. Law § 11-306 (procuring or solicitation of prostitution — buyer offense).
  • URL: https://law.justia.com/codes/maryland/criminal-law/title-11/subtitle-3/section-11-306/
  • First offense: misdemeanor — up to 1 year jail and/or up to $500 fine.
  • Repeat: § 11-306 does not itself specify escalation (VERIFY); minors trigger human-trafficking charges.
  • Massage enhancement: None found (note § 11-307, using a building for prostitution).

Massachusetts

  • Statute: M.G.L. c. 272 § 53A (engaging/paying, or offering to pay, for sexual conduct — buyer offense at § 53A(b)); § 8 (soliciting).
  • URL: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section53A
  • First offense: paying/offering to pay for sexual conduct (buyer) — up to 2.5 years in a house of correction and/or a $1,000–$5,000 fine. Do not use the “up to 6 months, $500” figure circulating on some secondary sites — that reflects the person-who-is-paid offense under § 53A(a), not the buyer offense. VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

Michigan

  • Statute: Mich. Comp. Laws § 750.449a (engaging/soliciting the services of a prostitute — buyer offense); § 750.448 (soliciting).
  • URL: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-750-449A
  • First offense: misdemeanor — up to 93 days jail and up to $500 fine.
  • Repeat: second offense misdemeanor with higher penalties; third offense is a felony. Any offense involving a minor is a felony (up to 5 years, $10,000).
  • Massage enhancement: None found.

Minnesota

  • Statute: Minn. Stat. § 609.324 (patrons of prostitution — buyer offense).
  • URL: https://www.revisor.mn.gov/statutes/cite/609.324
  • First offense: a patron engaging with an adult is a gross misdemeanor — up to 364 days and up to $3,000 fine. Patronizing in a public place carries additional fines. VERIFY.
  • Repeat: within two years of a prior prostitution conviction is a gross misdemeanor with enhanced exposure; patronizing a minor is a felony.
  • Massage enhancement: None found.

Mississippi

  • Statute: Miss. Code § 97-29-49 (prostitution; covers buyer conduct).
  • URL: https://law.justia.com/codes/mississippi/title-97/chapter-29/section-97-29-49/
  • First offense: misdemeanor — up to 6 months jail and up to $500 fine (some sources cite up to $200). VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

Missouri

  • Statute: Mo. Rev. Stat. § 567.030 (patronizing prostitution — buyer offense).
  • URL: https://revisor.mo.gov/main/OneSection.aspx?section=567.030
  • First offense: Class B misdemeanor — up to 6 months jail and up to $1,000 fine. VERIFY fine.
  • Repeat: patronizing a person 15–17 is a Class E felony; 15 or younger is a Class B felony. Mistake-of-age is not a defense.
  • Massage enhancement: None found.

Montana

  • Statute: Mont. Code Ann. § 45-5-601 (prostitution); § 45-5-602 (patronizing a prostitute — buyer offense). SB 147 (2019) broadened “sexual contact” to reach non-penetrative acts in illicit massage parlors.
  • URL: https://leg.mt.gov/bills/mca/title_0450/chapter_0050/part_0060/sections_index.html
  • First offense: patronizing is punishable by a fine and/or jail. VERIFY exact first-offense penalty.
  • Repeat: escalates; minors trigger felony.
  • Massage enhancement: None in the criminal code, but note the 2019 definitional expansion (SB 147) was expressly motivated by illicit massage parlors.

Nebraska

  • Statute: Neb. Rev. Stat. § 28-801.01 (solicitation of prostitution — buyer offense); § 28-801 (prostitution).
  • URL: https://nebraskalegislature.gov/laws/statutes.php?statute=28-801.01
  • First offense: Class I misdemeanor — up to 1 year jail and up to $1,000 fine. VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

Nevada

  • Statute: NRS 201.354 (unlawful for a customer to engage in prostitution/solicitation except in a licensed house of prostitution — buyer offense).
  • URL: https://www.leg.state.nv.us/nrs/nrs-201.html#NRS201Sec354
  • First offense: misdemeanor outside licensed brothels — up to 6 months jail and up to $1,000 fine, plus a mandatory civil penalty. VERIFY.
  • Repeat: third offense is a category B felony; soliciting a child is a felony. Prostitution is legal only in licensed brothels in certain counties.
  • Massage enhancement: None found.

New Hampshire ★ MASSAGE-MOTIVATED ENHANCEMENT

  • Statute: RSA 645:2 (prostitution and related offenses), amended by HB 405 (2025, Chapter 63), adding house-of-prostitution felonies at RSA 645:2, II-a and II-b.
  • URL: https://gc.nh.gov/rsa/html/LXII/645/645-2.htm (official) / https://law.justia.com/codes/new-hampshire/title-lxii/chapter-645/section-645-2/
  • First offense: misdemeanor to solicit/agree/engage in sexual contact for compensation. A patron faces a mandatory $500 fine (paragraph effective Jan. 1, 2026).
  • Repeat: escalates; trafficking/minor involvement is a felony.
  • Massage enhancement: PARTIAL / MASSAGE-MOTIVATED. HB 405 (signed by Gov. Ayotte June 2, 2025; sponsor Rep. Erica Layon) makes it “a class B felony for any person or business to knowingly permit a place under [their] control to be used for prostitution” (RSA 645:2, II-a) — punishable by 3½–7 years in state prison and a fine of up to $4,000 (individual) or $100,000 (business). “If the offense involves a person under the age of 18 or involves the compulsion of another by force or intimidation,” it becomes a Class A felony (7½–15 years) under II-b. The statutory text is not literally massage-specific, but the bill was expressly aimed at illicit massage businesses and also created a commission to study human trafficking within them. Frame carefully in the chart as “massage-motivated general house-of-prostitution felony.”

New Jersey

  • Statute: N.J.S.A. 2C:34-1 (prostitution and related offenses — includes the patron/buyer).
  • URL: https://law.justia.com/codes/new-jersey/title-2c/section-2c-34-1/
  • First offense: a patron/buyer commits a disorderly persons offense — up to 6 months jail and up to $1,000 fine. VERIFY.
  • Repeat: patronizing a minor is a crime of the second or third degree (felony).
  • Massage enhancement: None found.

New Mexico

  • Statute: N.M. Stat. § 30-9-3 (prostitution; covers the patron who pays).
  • URL: https://law.justia.com/codes/new-mexico/chapter-30/article-9/section-30-9-3/
  • First offense: petty misdemeanor — up to 6 months jail and up to $500 fine. VERIFY.
  • Repeat: second and subsequent offenses are misdemeanors with higher penalties.
  • Massage enhancement: None found.

New York

  • Statute: N.Y. Penal Law § 230.04 (patronizing a person for prostitution in the third degree — buyer offense).
  • URL: https://www.nysenate.gov/legislation/laws/PEN/230.04
  • First offense: Class A misdemeanor — up to 1 year jail. VERIFY fine.
  • Repeat: patronizing a minor (§ 230.05, § 230.06) is a felony; § 230.19 (promoting prostitution in a school zone) is a Class E felony.
  • Massage enhancement: None found (school-zone enhancement applies only to promoting).

North Carolina

  • Statute: N.C. Gen. Stat. § 14-205.1 (solicitation of prostitution — buyer offense).
  • URL: https://law.justia.com/codes/north-carolina/chapter-14/article-27/section-14-205-1/
  • First offense: Class 1 misdemeanor for a first offense; Class H felony for a second or subsequent offense. Soliciting a minor is a Class G felony; soliciting a person with a severe/profound mental disability is a Class E felony.
  • Repeat: second or subsequent solicitation = Class H felony (roughly 4–25 months). Sentence may include “John School.”
  • Massage enhancement: None found.

North Dakota

  • Statute: N.D. Cent. Code § 12.1-29-06 (prostitution — hiring/agreeing to hire) and related sections in ch. 12.1-29. VERIFY exact buyer citation.
  • URL: https://ndlegis.gov/cencode/t121c29.pdf
  • First offense: hiring/patronizing is generally a Class B misdemeanor — up to 30 days and up to $1,500 fine. VERIFY.
  • Repeat: escalates; minors trigger felony.
  • Massage enhancement: None found.

Ohio

  • Statute: Ohio Rev. Code § 2907.24 (soliciting — buyer offense) and § 2907.241 (loitering to solicit); § 2907.25 (prostitution).
  • URL: https://codes.ohio.gov/ohio-revised-code/section-2907.24
  • First offense: soliciting is a misdemeanor of the third degree — up to 60 days and up to $500 fine. VERIFY.
  • Repeat: solicitation after testing positive for HIV is a felony of the third degree (up to 5 years, $10,000).
  • Massage enhancement: None found.

Oklahoma

  • Statute: 21 O.S. § 1029 (engaging in/soliciting prostitution — covers buyer).
  • URL: https://law.justia.com/codes/oklahoma/title-21/section-21-1029/
  • First offense: misdemeanor — up to 30 days–1 year jail and up to $2,500 fine. VERIFY grading (some sources cite up to 30 days for a first offense).
  • Repeat: escalates; proximity to a school/church can enhance; minors trigger felony.
  • Massage enhancement: None found.

Oregon

  • Statute: Or. Rev. Stat. § 167.008 (commercial sexual solicitation — buyer offense); § 167.007 (prostitution).
  • URL: https://law.justia.com/codes/oregon/volume-04/chapter-167/section-167-008/
  • First offense: commercial sexual solicitation is a Class A misdemeanor — up to 1 year jail and up to $6,250 fine. VERIFY.
  • Repeat: escalates; purchasing sex from a minor is a felony.
  • Massage enhancement: None found.

Pennsylvania

  • Statute: 18 Pa.C.S. § 5902(e) (patronizing prostitutes — buyer offense).
  • URL: https://law.justia.com/codes/pennsylvania/title-18/chapter-59/section-5902/
  • First offense: patronizing is a misdemeanor of the third degree for a first or second offense — up to 1 year and up to $2,500 fine.
  • Repeat: third offense = M2; fourth or subsequent = M1; felony of the third degree if the offender knew he/she was HIV positive. A sentencing order for a second or subsequent offense must be published in a newspaper (§ 5902(e.2)).
  • Massage enhancement: None found.

Rhode Island

  • Statute: R.I. Gen. Laws § 11-34.1-2 (prostitution; covers the buyer/patron).
  • URL: https://law.justia.com/codes/rhode-island/title-11/chapter-11-34-1/section-11-34-1-2/
  • First offense: misdemeanor — up to 6 months jail and up to $1,000 fine (some sources cite $250–$500). VERIFY.
  • Repeat: up to 1 year and up to $1,000. Landlords knowingly profiting from prostitution face felony penalties ($2,000–$5,000, 1–5 years first offense).
  • Massage enhancement: None found.

South Carolina

  • Statute: S.C. Code § 16-15-90 (prostitution; covers those who aid/abet/receive/solicit).
  • URL: https://www.scstatehouse.gov/code/t16c015.php
  • First offense: misdemeanor — up to 30 days and up to $200 fine for a first offense. VERIFY.
  • Repeat: second offense higher; third offense up to 1 year. Recent legislative efforts have increased solicitor fines and proposed felony charges for soliciting a mentally disabled person.
  • Massage enhancement: None found.

South Dakota

  • Statute: S.D. Codified Laws § 22-23-1 (prostitution) and § 22-23-2 (hiring for sexual activity — buyer offense).
  • URL: https://sdlegislature.gov/Statutes/22-23-1
  • First offense: Class 1 misdemeanor — up to 1 year jail and up to $2,000 fine. VERIFY.
  • Repeat: escalates; minors trigger felony.
  • Massage enhancement: None found.

Tennessee

  • Statute: Tenn. Code § 39-13-514 (patronizing prostitution — buyer offense); § 39-13-513 (prostitution).
  • URL: https://law.justia.com/codes/tennessee/title-39/chapter-13/part-5/section-39-13-514/
  • First offense: Class A misdemeanor — up to 11 months 29 days and up to $2,500 fine. Patronizing within 1.5 miles of a school is enhanced. VERIFY.
  • Repeat: escalates; patronizing a minor is a felony.
  • Massage enhancement: None found (school-proximity enhancement exists).

Texas

  • Statute: Tex. Penal Code § 43.021 (solicitation of prostitution — buyer offense).
  • URL: https://law.justia.com/codes/texas/penal-code/title-9/chapter-43/subchapter-a/section-43-021 (official text also at https://codes.findlaw.com/tx/penal-code/penal-sect-43-021/)
  • First offense: state jail felony — 180 days to 2 years in state jail and up to $10,000 fine. Added by Acts 2021, 87th Leg., Ch. 807 (H.B. 1540), eff. Sept. 1, 2021, making Texas the first state to make first-offense buyer solicitation a felony.
  • Repeat: third-degree felony after a prior § 43.021/former § 43.02(b) conviction; second-degree felony if the other person is (or is believed/represented to be) under 18. Punishment increased to the next higher category if committed on or within 1,000 feet of a school or a school/UIL function (§ 43.021(b-1)).
  • Massage enhancement: None in the general prostitution statutes (school-zone enhancement only). Note: Texas administrative law (HB 3579, eff. Sept. 1, 2023) authorizes TDLR to issue Emergency Orders of Closure against massage establishments suspected of trafficking — regulatory, not criminal.

Utah

  • Statute: Utah Code § 76-10-1303 (prostitution) and § 76-10-1313 (sexual solicitation — buyer offense); § 76-10-1309 (enhancement).
  • URL: https://le.utah.gov/xcode/Title76/Chapter10/76-10-S1313.html
  • First offense: Class B misdemeanor — up to 6 months jail and up to roughly $1,950 in fines/surcharges. VERIFY.
  • Repeat: § 76-10-1309 enhances prostitution/patronizing/sexual solicitation to a third-degree felony (up to 5 years) if the offender is HIV positive with actual knowledge or has a prior conviction for prostitution, patronizing, or sexual solicitation.
  • Massage enhancement: None found.

Vermont

  • Statute: 13 V.S.A. § 2632 (prohibited acts — prostitution, including patronizing/aiding).
  • URL: https://legislature.vermont.gov/statutes/section/13/059/02632
  • First offense: up to 1 year imprisonment and/or up to $100 fine.
  • Repeat: second offense carries enhanced imprisonment. VERIFY tiers.
  • Massage enhancement: None found.

Virginia

  • Statute: Va. Code § 18.2-346.01 (solicitation of prostitution — buyer offense); § 18.2-347 (keeping, residing in, or frequenting a bawdy place).
  • URL: https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-346.01/
  • First offense: Class 1 misdemeanor — up to 12 months jail and up to $2,500 fine. Frequenting a bawdy place (e.g., a sexual massage parlor) is also a Class 1 misdemeanor under § 18.2-347.
  • Repeat: soliciting a minor 16+ is a Class 6 felony; under 16 is a Class 5 felony.
  • Massage enhancement: None in the state criminal code. Note: local ordinances (e.g., Fairfax County Code § 28.1-4-6) specifically regulate conduct in massage establishments — local, not state.

Washington

  • Statute: RCW 9A.88.110 (patronizing a prostitute — buyer offense); RCW 9A.88.030 (prostitution).
  • URL: https://app.leg.wa.gov/rcw/default.aspx?cite=9A.88.110
  • First offense: misdemeanor — up to 90 days jail and up to $1,000 fine, plus a mandatory $150 assessment fee.
  • Repeat: additional SOAP (stay-out-of-areas-of-prostitution) conditions; patronizing a minor is a felony.
  • Massage enhancement: None found.

West Virginia

  • Statute: W. Va. Code § 61-8-5 (prostitution; covers patrons who engage/aid).
  • URL: https://law.justia.com/codes/west-virginia/chapter-61/article-8/section-61-8-5/
  • First offense: misdemeanor — this is an older statute; jail/fine amounts vary by role and should be confirmed. VERIFY current amounts.
  • Repeat: escalates.
  • Massage enhancement: None found.

Wisconsin

  • Statute: Wis. Stat. § 944.30 (prostitution); § 944.31 (patronizing prostitutes — buyer offense).
  • URL: https://docs.legis.wisconsin.gov/statutes/statutes/944/30
  • First offense: patronizing is a Class A misdemeanor — up to 9 months jail and up to $10,000 fine. VERIFY.
  • Repeat: escalates; minors trigger felony.
  • Massage enhancement: None found.

Wyoming

  • Statute: Wyo. Stat. § 6-4-102 (prostitution); § 6-4-103 (soliciting an act of prostitution — buyer offense). Also § 6-2-707 (patronizing a victim of sexual servitude).
  • URL: https://law.justia.com/codes/wyoming/title-6/chapter-4/article-1/section-6-4-102/
  • First offense: misdemeanor — up to 6 months jail and up to $750 fine. VERIFY.
  • Repeat: escalates.
  • Massage enhancement: None found.

Recommendations

  1. Feature the four flagged massage-enhancement states prominently in the “special/enhanced penalty for massage business” column: Florida (§ 796.07(7)), Louisiana (§ 14:83.3), Georgia (§ 16-6-17), and New Hampshire (RSA 645:2 II-a/II-b via HB 405, 2025). In the chart, footnote that New Hampshire’s statutory text is a general house-of-prostitution felony that was enacted specifically to target illicit massage businesses, rather than a literally massage-specific provision.
  2. Add a separate column for non-criminal enforcement tools — administrative licensing revocation and civil abatement — because most states combat illicit massage businesses this way rather than through criminal enhancements. Highlight California’s Red Light Abatement civil remedy and Texas’s TDLR emergency-closure power (HB 3579). These are the more common and often more effective levers, and licensed therapists should know they exist and how to trigger a complaint to the state board or licensing agency.
  3. Verify every fine and jail figure marked “VERIFY” against the primary statute before publication. Secondary legal-summary sites (which supplied many penalty figures here) frequently lag statutory amendments. Prioritize double-checking Iowa (grading dispute), Massachusetts (buyer-side § 53A(b) vs. paid-person § 53A(a) penalties differ sharply), Hawaii, Oklahoma, West Virginia (very old statute), and any state that recently recodified.
  4. Confirm buyer-side vs. combined statutes. In states with a single prostitution statute covering both parties (Arizona, Hawaii, Nevada, New Jersey, New Mexico, Rhode Island, South Carolina, West Virginia, Colorado’s § 18-7-201 vs. § 18-7-202), cite the section and note it also reaches the solicitor/buyer.
  5. Re-pull statute text and re-check the flagged tier annually. Trigger to move a state into the flagged/felony tier: enactment of a massage-specific criminal enhancement, or elevation of buyer solicitation to a felony (as Texas did in 2021 and New Hampshire did in 2025). Given active legislative momentum on illicit massage businesses, expect additions.

Caveats

  • Penalty figures drawn from secondary legal-summary websites (criminaldefenselawyer.com, federalcharges.com, FindLaw and Justia annotations, and law-firm pages) may not reflect the most recent statutory amendments and must be confirmed against primary sources. All such figures are flagged “VERIFY.”
  • Statute numbering changes over time. This report corrected Florida’s massage reclassification to the current § 796.07(7) (older secondary sources cite (6)); similar renumbering risks exist for other states and should be checked at publication.
  • Several states fold the buyer/solicitor offense into a single combined prostitution statute; where a distinct “patronizing”/”solicitation” section exists, that section is cited as the buyer offense.
  • Illinois presents a drafting choice: buyers can be charged with “patronizing a prostitute” (a Class 4 felony) or “solicitation of a sexual act” (a Class A misdemeanor); the chart should state which offense it is representing.
  • This chart addresses adult-solicitation base offenses. Offenses involving minors, trafficking, HIV status, and school-zone/church/residence proximity carry separate and much harsher penalties and are noted only where relevant.
  • Where URLs point to Justia or FindLaw rather than an official state site, that reflects the most authoritative freely linkable source located; the author should, where possible, substitute the official state legislature/code URL (several official URLs are provided above) before publication.
  • This is a research aid, not legal advice. A licensed attorney in each jurisdiction should confirm citations and penalties before the toolkit is published.
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