Prostitution, Pimping, and Soliciting

Engaging in sexual conduct for a fee is a crime prohibited by Massachusetts General Laws Chapter 272 Section 53A. The law defines “engaging in sexual conduct for a fee” as either: (1) engaging; (2) agreeing to engage; or (3) offering to engage in sexual conduct with another person for a fee. It does not matter whether any sexual conduct actually occurs, as long as there is an agreement or offer to engage in the sexual conduct.

This section also makes the acts of prostitutes’ payors criminal offenses. It proscribes (1) paying; (2) agree to pay; or (3) offering to pay another person to engage in sexual conduct. Again, whether any sexual conduct actually occurs is irrelevant.

If you are convicted of engaging in sexual conduct for a fee, whether you are the payee or payor, you face imprisonment in the house of correction for up to one year or a fine of up to $500, or both.

Procuring a person to practice or enter a place for prostitution is a criminal offense under Massachusetts General Laws Chapter 272 Section 12.

To convict a person of this offense, the prosecutor has to prove beyond a reasonable doubt that the defendant:

1. Either:
   1. Procured;
   2. Enticed;
   3. Sent; or
   4. Aided or abetted in
      1. Procuring
      2. Enticing; or
      3. Sending

a person to practice prostitution or enter any place that is for prostitution. This prohibition against sending a person to a place for prostitution covers owners of employment agencies and their agents or employees.

If you are convicted of this offense, you face a fine ranging from $100-$500 or a prison sentence ranging from three months to two years.

Deriving financial support from prostitution is proscribed by Massachusetts General Laws Chapter 272 Section 7.

To convict a person of this offense, the prosecutor must prove beyond a reasonable doubt that:

1. The defendant derived support from, even partly, or shared in earnings, proceeds or monies that came from another’s prostitution; and 2. The defendant knew that that person was a prostitute.

This law is directed against those persons commonly referred to as “pimps” or “purveyors.” Merely driving a prostitute to a location and returning to pick the prostitute up in exchange for gas money is not enough to constitute this offense.

If you are convicted of this offense, there is a minimum five-year state prison sentence and a $5,000 fine. This sentence cannot be reduced to less than two years, and you will not be eligible for probation or parole until you serve two years of the sentence.

What Constitutes Soliciting a Prostitute in Massachusetts?

Soliciting for a prostitute is a crime under Massachusetts General Laws Chapter 272 Section 8. The law prohibits (1) soliciting a prostitute; and (2) receiving compensation for soliciting a prostitute.

Penalties for Soliciting a Prostitute

If you are convicted of soliciting for a prostitute, you face imprisonment in the house of correction for up to one year or a fine of up to $500, or both. Attorney Stephen Neyman has had extensive experience successfully defending these and other criminal charges. If you have been charged, call our office at 617-263-6800 or contact us online today.