The terms prostitution and escorting are often used interchangeably, but they have very different meanings—and serious legal implications. Whether you’re exploring the adult services industry or simply seeking clarity, it’s important to understand how these two concepts differ under U.S. law.

What Is Prostitution?

Prostitution typically involves the exchange of sexual acts for money or something of value. In almost all U.S. states, this practice is illegal and can result in criminal charges for both the provider and the client.

The only exception is Nevada, where prostitution is permitted only in licensed brothels located in certain rural counties. Even within Nevada, prostitution remains illegal in major cities like Las Vegas and Reno, where escort agencies may legally operate but are not allowed to offer sexual services.

What Does Escorting Involve?

Escorting is different from prostitution in that it focuses on companionship rather than sexual activity. An escort may accompany a client to dinner, events, or private meetings. Payment is made for the escort’s time and presence, not for any sexual act.

In states like California, escorting is legal, though it often requires a license. However, if an escort explicitly offers or implies sexual services in exchange for money, that may be treated as solicitation of prostitution, which is illegal.

Legal Risks and Gray Areas

While escorting is legal in many places, the distinction between escorting and prostitution can be thin and subject to interpretation. Law enforcement may investigate based on how services are marketed or what is communicated between parties.

For instance, before 2019 in California, carrying condoms could be used as circumstantial evidence of prostitution. Thankfully, that has changed—condoms can no longer be considered a sign of illegal activity.

Still, if police suspect that sexual activity was agreed upon in advance—even in private time after the booking—both the escort and the client may face charges.

Conclusion

Understanding the difference between prostitution and escorting comes down to one key factor: what is being paid for. If someone is paid for companionship and time, it’s typically legal. If payment is for a sexual act, it is considered prostitution—which is illegal throughout the U.S., except in regulated brothels in specific parts of Nevada.

For anyone involved in or considering adult services, being aware of the legal boundaries is essential to stay safe and compliant with the law.