We were lucky enough to get priceless advice and coaching from someone that was unfortunately arrested on more than one occasion for running a foot fetish related business in NYC, and since he had to spend thousands on lawyers and learned the law about this inside out, we got some excellent advice on the legalities of foot fetish and S&M in NYC. Here is the advice he had to contribute to us… 

Individuals charged in New York with the crime of Prostitution, Penal Law Section 230.00, have to offer to or actually engage in "sexual conduct" as defined by both statutes and case law. In the Kings County (Brooklyn) Criminal Court case of People. v. Georgia A., 163 Misc.2d 634 (N.Y.City Crim.Ct.,1994), a NY criminal defense attorney successfully argued before a criminal court judge that his client should be acquitted after the prosecution failed to establish any "sexual conduct" existed in an "S & M" and dominatrix case.

In this particular matter the defendant met with an undercover police officer after they arranged for the appointment over the phone (this pre-dated Craig's List and Backpage). The agreement between the two was for an "S & M" experience. Upon meeting, the undercover asked what he would get in exchange for $100 and the defendant informed him that he would receive "S &M" for that fee. Although the money was not exchanged at that time, the defendant changed her outfit. During this time, the undercover observed various videos and other items including whips and toys.

At some point the undercover notified the "field team" (a term often used to refer to other officers involved in the investigation and arrest). These officers entered the apartment and arrested the defendant.

At trial, the defendant testified that "as the dominatrix, she makes an assessment as to what a customer wants and/or needs and then performs that desire. [The defendant] stressed the fact that there is no sex or sexual conduct like sexual intercourse or physical contact with the person's genitals. [The defendant] further testified that as a dominatrix, she wore a specific costume-black gloves, leather corset, panties and high heels." Moreover, [the defendant] stated that there was no intercourse of any kind, but that a client might be spanked or paddled.

In finding that there was no "sexual conduct" the court found that "sado-masochistic acts described by [the defendant]: foot licking, spanking, domination and submission do not appear to fit within the category of sexual conduct referred to in the statute."

While each case must be analyzed individually, the case of Georgia A. is a significant one in that it gives insight as to what may not be construed as "sexual conduct." While this decision is from a trial court (not an appellate court), it is an important one and sets forth the position that sado-masochistic acts of footlicking, spanking, domination and submission are not "sexual conduct" within the meaning of the prostitution statute. 

Since people have been arrested for crimes they didn’t even know they were committing as they didn’t even know they were illegal, it is important for me to spell it all out as its very hard to find this information.  

Any contact with your genitals or anus with ANY part of the girl’s body or even with any object that is not part of her body such as a dildo is illegal in NYC.  To spell it out further this means aside from the obvious (intercourse, handjobs, blowjobs,etc.) the following acts are also illegal in NYC: footjobs, strap on play, enemas, cbt, butt plugs, prostate massage and golden showers.  Practicing massage without a license is illegal as well and arrests can be made for that.  So to sum it up, any assistance in masturbation of the client by the girl whether its by hand, foot, or an object would be illegal.  Self masturbation is not illegal.  All anal play and brown showers are illegal.

I truly believe if the dungeons and fetish establishments knew every act that is illegal and did not do them, and practiced legal activities only, the amount of recent raids on the fetish scene would decrease and all this negative attention on the fetish industry would subside. 

So the first step is education.  You have to know exactly what is illegal in the first place. Hopefully this page helps you determine which fetish acts are legal and illegal in NYC.  However, for accurate legal advice you would need to talk to a lawyer as I am not a lawyer and cannot offer any legal advice. All this advice is coming from someone who has never practiced law, I have just been educated by many good lawyers.  That is not the same as talking to an actual lawyer. Hope this helps you though!  Foot lickers can keep on licking its all good!!!