Enticing Away Person for Prostitution or Sexual Intercourse

Enticing a person away for prostitution or sexual intercourse is a criminal offense under Massachusetts General Laws Chapter 272 Section 2.

To be convicted of this offense, the prosecutor must prove beyond a reasonable doubt that the defendant either acted in the following manner or aided and assisted one or more other persons who acted in the following manner:

  1. Fraudulently and deceitfully
  2. Enticed or took a person away his parent or guardian’s house or from elsewhere
  3. For the purpose of prostitution or unlawful sexual intercourse.

A conviction of enticing a person away for prostitution or sexual intercoursesubjects you to up to one year in jail or a fine of up to $1,000, or both the jail time and fine.

Detaining, or Drugging to Detain, Person in Place of Prostitution

Detaining, or drugging to detain, a person in a place of prostitution is proscribed by Massachusetts General Laws Chapter 272 Section 13.

To be convicted of this offense, the prosecutor must prove the following beyond a reasonable doubt:

  1. The defendant unlawfully:
    1. Detained a person;
    2. Attempted to detain a person;
    3. Aided and abetted in the detaining or attempted detaining of a person;
    4. Provided or administered any drug or liquor to a person to detain him; or
    5. Aided and abetted in providing or administering any drug or liquor to a person to detain him; and
  2. That detainment or attempted detainment was for the purpose of holding a person in a place where prostitution is practiced or allowed.

The duration of the unlawful detainment or attempted detainment is immaterial. If you are convicted of this crime, you face imprisonment in the state prison for up to five years or imprisonment in the house of correction for at least one, but up to two and one half years. You could also face a $100 to $500 fine.

Drugging Persons for Sexual Intercourse

Drugging a person for sexual intercourse is prohibited by Massachusetts General Laws Chapter 272 Section 3. To be convicted of this offense, the prosecutor must prove the following two elements beyond a reasonable doubt:

  1. The defendant administered a “drug, matter or thing;” and
  2. The defendant intended to stupefy or overpower the victim to enable any person to have unlawful sexual intercourse with the victim. However, the prosecutor need not prove sexual relations occurred.

The defendant has to have taken some type of forceful or deceitful action. A defendant does not “administer” a drug within the meaning of this law if he simply shares alcohol or drugs with another person who knows what the substance is and voluntarily takes it. On the other hand, a defendant does “administer” drugs within the meaning of this law if, for example, he slips a date-rape drug into a drink.

If you are convicted of drugging a person for sexual intercourse, you face a minimum10-year state prison sentence. You can be punished by imprisonment for life or any term of years. Attorney Stephen Neyman is an experienced Massachusetts sex crimes defense attorney. If you have been charged with a sex crime, call our office at 617-263-6800 or contact us online today.

Case Results » Enticing Away Person for Prostitution or Sexual Intercourse
  • Charges of Unlawfully Abducting a Person for Sex or Prostitution Dismissed, Charges of Child Enticement to be Dismissed

    Boston Municipal Court: On August 16, 2012 members of the Boston Police Department set up an investigation into Human Trafficking in Suffolk County. An online operation was created using a young looking Asian female advertising on backpage.com for sexual services. The woman claimed to be fifteen years old and quickly received over fifty solicitations for sex. One of the replies came from a master's candidate in a local well regarded university engineering program. The man arranged to meet with the girl and identified to her what clothing he would be wearing. A fee was negotiated as well through over sixty emails. Surveillance officers watched as the man approached a location designated for the meeting. Once the man was recognized he was stopped and detained. Officers called his cell phone confirming their identification of the man. Charges of Unlawfully Abducting a Person for Sex or Prostitution and Child Enticement were filed. Today, Attorney Neyman was able to get the first charge dismissed outright. The remaining charge was continued without a finding. Successful completion of the probation will result in a dismissal of the case.

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