Delaware Code Title 24 Sec. 5317 – Penalties
(a) A person not currently licensed as a massage or bodywork therapist or certified as a massage technician under this chapter, when guilty of engaging in the practice of massage or bodywork therapy or of practicing as a massage technician, or using in connection with the practitioner’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice massage or bodywork therapy, or to act as a massage technician, such offender shall be guilty of a misdemeanor. Upon the first offense, the practitioner shall be fined not less than $100, nor more than $500 for each offense. For a second or subsequent conviction, the fine shall be not less than $500, nor no more than $1,000 for each offense. Superior Court shall have jurisdiction over all violations of this chapter.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 24 Sec. 5317
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Massage establishment: means any place of business that offers the practice of massage and bodywork and where the practice of massage and bodywork is conducted on the premises of the business, or that represents itself to the public by any title or description of services incorporating the words "bodywork" "massage" "massage therapy" "massage practitioner" "massagist" "masseur" "masseuse" or other words identified by the Board in regulation. See Delaware Code Title 24 Sec. 5302
- Massage technician: shall mean a person, who is certified with the Board to perform certain functions within the practice of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words "bodywork" "massage" "massage practitioner" "massagist" "masseur" "masseuse" or "certified massage technician " but shall be prohibited from using the words "therapist" or "therapy. See Delaware Code Title 24 Sec. 5302
- Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 5302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Where a person unlawfully operates, manages, owns, or advertises for any massage establishment or place where massage and bodywork services are rendered, the person shall be guilty of a class A misdemeanor, and be imprisoned not more than 1 year or fined not more than $2300, or both. Superior Court shall have jurisdiction over all violations of this chapter.