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Is Phone Sex Legal In The United States?

The Short Answer

Yes, phone sex is absolutely legal if it is between two (or more) consenting adults in the United States. As long as both parties are of legal age in their respective states, and both parties enthusiastically agree to participate, most sexual activity is considered legal in the United States at this time. The biggest caveat will be if you are hiring a professional phone sex operator. Under certain circumstances, hiring a professional to engage in phone sex with can be considered a form of sexual solicitation. However, even in those cases most prosecutors simply are not concerned with prosecuting this specific form of solicitation even in areas where it is illegal. It may be added to charges if you decide to engage in other sexual crimes, but it will almost certainly never be considered illegal in and of itself.

Nuance Part 1: Age Of Consent

The most important thing to consider, legally speaking, before having phone sex with anyone is the age of consent. Generally speaking, the age of consent in the United States is 18. There are certain states where the age of consent is lower, and even more states that have exceptions for minors in pre-existing relationships. Pre-existing relationships refer to relationships where both parties began dating before either one was 18. Having said that, if you are visiting the United States and looking for a partner to have phone sex with, it is safer to make sure that anyone you even consider talking to is above the age of 18. The good news is, you would have to go looking in some shady places to find a phone sex provider site that doesn’t verify the ages of all of its phone sex operators. 

Nuance Part 2: Know Your State

The laws in different US states can be as varied as the laws in different EU countries. That’s to say nothing of the culture. A small county in Tennessee might have extremely strict laws on hiring phone sex operators. Las Vegas, Nevada is unlikely to ever even consider pursuing a civil or criminal fine for phone sex. There is a lot of benefit to be gained from researching phone sex if you are in an unfamiliar part of the USA. Google the local laws before you look for a phone sex operator in your area. 

If All Else Fails

There are two basic rules to remember if you’re ever even slightly in doubt about the legality of something. Rule one is to talk to a lawyer. Rule two is that you never talk to the cops. A lawyer will be able to clear up any confusion, concern, or misgivings about having phone sex and hiring a phone sex operator. Ask them anything you need to know. And if, for whatever reason, you are approached by the police, say nothing until you have a lawyer present. Especially if you are only visiting the United States, staying silent if the police talk to you is the easiest way to ensure that you are not arrested. Odds are, if you are only having phone sex, you aren’t doing anything morally or legally wrong. You have the right to remain silent and speak to an attorney. Use it.

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