Licensing Required for “Almost Massage” Businesses in Utah

Alternative healing is growing in popularity and businesses that offer their customers any services that could be seen as “almost massage” are required to have proper licensing.

“Almost Massage”

Almost Massage

Photo by: alfonso.saborido

With consumers seeking natural methods of healing, many businesses offering alternative medicine are popping up with techniques that are could be seen as “almost massage”. One of these  techniques is known as Reiki which originated in Japan and is an alternative medicine used to balance the flow of a person’s life energy. During a Reiki session, the person administering it hovers their hands above the other person’s body or lightly touches the body, waiting a few seconds per possession to allow the energy to flow. The claim is the flow of energy is what heals and relaxes.

Prostitution stings

Utah has been inundated lately with illegal activities taking place at local massage parlors.  Massage parlors aren’t the only businesses where sexual solicitation is taking place. Unfortunately, there are some businesses who have used natural healing such as a Reiki as a façade for illegal prostitution activities. In an attempt to rid Utah of prostitution hiding behind massage businesses, the law regarding massage licensing has been changes to include all types of massage. Although Reiki and other “almost massage” businesses do not involve soft-tissue massage or sometimes even direct touch, they are now required to be licensed according to Utah law.

Utah law revised

The Massage Therapy Practice Act of Utah was revised in 2012 with HB114. Now, according to Utah Code 58-47B-102, any person or businesses that practices any form of massage must be licensed. This includes those who manipulate soft-tissue and others who are “providing, offering, or advertising a paid service using the term massage or a derivative of the word massage, regardless of whether the service includes physical contact.” Although this revised law has been in place for over five years, it continues to catch individuals and businesses by surprise. The charge for someone practicing any form of massage without a license is a class A misdemeanor; this charge carries worse penalties than the class B misdemeanor a person can receive for prostitution.  For anyone who is facing criminal charges for prostitution or practicing “almost massage” without a license, contact a criminal defense attorney today.

Licensing Required for “Almost Massage” Businesses in Utah

Alternative healing is growing in popularity and businesses that offer their customers any services that could be seen as “almost massage” are required to have proper licensing.

“Almost Massage”

Almost Massage

Photo by: alfonso.saborido

With consumers seeking natural methods of healing, many businesses offering alternative medicine are popping up with techniques that are could be seen as “almost massage”. One of these  techniques is known as Reiki which originated in Japan and is an alternative medicine used to balance the flow of a person’s life energy. During a Reiki session, the person administering it hovers their hands above the other person’s body or lightly touches the body, waiting a few seconds per possession to allow the energy to flow. The claim is the flow of energy is what heals and relaxes.

Prostitution stings

Utah has been inundated lately with illegal activities taking place at local massage parlors.  Massage parlors aren’t the only businesses where sexual solicitation is taking place. Unfortunately, there are some businesses who have used natural healing such as a Reiki as a façade for illegal prostitution activities. In an attempt to rid Utah of prostitution hiding behind massage businesses, the law regarding massage licensing has been changes to include all types of massage. Although Reiki and other “almost massage” businesses do not involve soft-tissue massage or sometimes even direct touch, they are now required to be licensed according to Utah law.

Utah law revised

The Massage Therapy Practice Act of Utah was revised in 2012 with HB114. Now, according to Utah Code 58-47B-102, any person or businesses that practices any form of massage must be licensed. This includes those who manipulate soft-tissue and others who are “providing, offering, or advertising a paid service using the term massage or a derivative of the word massage, regardless of whether the service includes physical contact.” Although this revised law has been in place for over five years, it continues to catch individuals and businesses by surprise. The charge for someone practicing any form of massage without a license is a class A misdemeanor; this charge carries worse penalties than the class B misdemeanor a person can receive for prostitution.  For anyone who is facing criminal charges for prostitution or practicing “almost massage” without a license, contact a criminal defense attorney today.

Utah Man Soliciting Sex Entrapped in Felony Charges for Conspiracy to Commit Child Rape

A southern Utah man who was soliciting sex online was instead entrapped in felony charges for conspiracy to commit child rape.

Married man looking for fun

Entrapped by Police

Photo by: Jakub Hlavaty

22 year old Taylor John Hummel of St. George Utah was arrested after he posted an ad on a website known for sexual solicitation and stated he was married and looking for “discreet fun”. Law enforcement officers who were screening the website saw the ad and responded to Hummel. The undercover officer told Hummel that she would trade sex for money and then offered her fictional teenager daughter for an addition cost. Although hesitant, Hummel discussed the details then agreed to the arrangements and set up a time to meet.

Not what he wanted

Once Hummel arrived at the meeting place, he handed the undercover officer enough money for sexual favors from her but he did not exchange money for her daughter. Hummel was apparently uncomfortable with the idea of having sexual relations with the teenager. Hummel was then arrested for a class B misdemeanor sexual solicitation for paying the undercover agent for sex. Surprisingly, he was also charged with first-degree felony conspiracy to commit child rape for briefly agreeing to the undercover agent’s offer of sexual favors from the teen.

Entrapped in felony charges

Photo by: Anna Nowak

Although Hummel admitted to soliciting sex online, he did not state in his ad nor ask the undercover agent to have sexual relations with a minor. The undercover officer was the one who offered the fictional teen to Hummel, who otherwise may have never considered his ad would reach a juvenile. For this reason, it appears Hummel may have been entrapped by officers who were looking for a bigger fish to fry and instead made something more out of a guy looking for a hookup.

Entrapment

Claiming entrapment can be tricky. Utah Code 76-2-303 states “Entrapment occurs when a peace officer or a person directed by or acting in cooperation with the officer induces the commission of an offense in order to obtain evidence of the commission for prosecution by methods creating a substantial risk that the offense would be committed by one not otherwise ready to commit it.” However the same section also notes “Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.”

Legal counsel

Photo by: jseliger2

So did the officer convince Hummel to agree to sex with a minor or did they merely offer Hummel the opportunity which he agreed to? Does the fact that he didn’t want to go through with it show that if not offered, he probably would not have ever asked? All individuals facing criminal charges should have a professional criminal defense attorney working their case. When cases involve potential entrapment, it is vital to have a knowledgeable defense on your side to ensure that everything is handled fairly.