According to NY law:

There is no statutory definition of the term 6 “sexual conduct” that is
applicable to the statutes contained in Penal Law article 230

Source: http://www.nycourts.gov/cji/2-PenalLaw/230/230.25(1).pdf

These leaves the definition up to the courts. According to the Tilem and Cambell law firm:

"For whatever reason, the NYS Legislature declined to define the term “sexual conduct” in Section 230.00 of the Penal Law. Questions can arise therefore, regarding what conduct is prohibited. Court decisions over the years have judicially developed a list of conduct considered “sexual” and therefore, prohibited under the prostitution statute (PL§ 230.00) if offered to be performed for a fee.

Various court ruling have held that, for purposes of a prostitution charge, “sexual conduct” includes acts of masturbation, homosexuality, sexual intercourse, or physical contact of the person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast."

Source: http://www.tilemandcampbell.com/lawyer-attorney-1305192.html

So it doesn't seem to me like french kissing falls under that definition. The law changes from state to state, but everything I looked at seemed to require some physical contact similar to the definition above.

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