Question: Are Swinger Parties Legal?

Question: Is NewYorkGangBangs.com legal? They claim that it is legal because adults consent to sex and the money will be paid for the food and location. I feel that police will say that it's prostitution and it's run inside of an illegal business.

Him: Before providing this answer, I need to throw out a disclaimer as I am an attorney licensed to practice law in the State of New York. The information provided is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication.  Anyhow, now on to the actual answer:

When these clubs, parties, and social groups host a sex party (lifestyle, gang-bang, poly play, etc.) and charge a fee, they are moving into territory where they may be violating state or local laws and/or ordinances.  This is as a result of them now operating a business that is not properly licensed or zoned.  Typically these types of parties will not run afoul of any prostitution laws.  Though laws and ordinances vary from state to state.  Specifically in New York City, past successful legal action has centered around the argument that such institutions were public health hazards and risks the spread of HIV and STDs.  Now these concerns are really those that would be more held by those operating these parties, as the mere attending of them should not put the attendee at any risk of criminal or civil penalties.  

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