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.

Case Results » Prostitution, Pimping, and Soliciting
  • Cambridge District Court: Charges of Sex for a Fee Against Non-Citizen on Asylum Status to be Dismissed

    The defendant is from a South American country in the United States on asylum. On March 9, 2017 members of the Cambridge Police Special Investigations Unit and the Massachusetts State Police Human Trafficking Unit conducted a "john" operation utilizing an advertisement on backpage.com. This operation was staged at a Cambridge hotel. After a series of text messages were exchanged between the defendant and the undercover officers an agreement to meet at the hotel was completed. The defendant arrived at the designated room and paid a female officer disguised as a prostitute the negotiated sum of money. He was immediately arrested and charged with sex for a fee, G.L. c. 272 Section 53A. Attorney Neyman was hired. We were able to get the case continued without a finding for thirty days with the option of getting the case sealed immediately. If there is any effort to deport our client the judge made clear the defendant will be permitted to withdraw his admission.

    Read More in Sealing Criminal Records

  • Boston Municipal Court: Charges of Sex for a Fee Against College Professor Diverted

    The defendant is a tenured college professor with a doctorate and over forty years teaching experience. The prosecution alleged that on July 19, 2017 and undercover online investigation targeting violators of human trafficking laws was in progress. During the course of the investigation solicitations were made online in an effort to lure customers to purported prostitution locations, such as apartments and hotels. Our client responded to one of the advertisements and agreed to certain sexual acts for a fee negotiated between himself and the undercover officer. Our client then went to meet at an agreed designated location. There, he was met by the undercover officers who called his phone and observed their number appear on his cell phone screen. The man was arrested and charged with sex for a fee in violation of G.L. c. 272 Section 53A. Attorney Neyman was hired. Today we were able to get the charges diverted under G.L. c. 276A.

    Read More in Sex Crimes

  • Boston Municipal Court: Pretrial Diversion for Two Men Charged With Sex for a Fee

    The defendants are unrelated. In the summer of 2017 both of these men were caught up in a sting operation involving the solicitation of "Johns" for sexual services. Members of the Boston Police Department Human Trafficking task force ran the operation. An advertisement was placed on the Internet on backpage.com. It sought customers for sexual services. The ad provided a cell phone number as the sole method of contact. These men and others contacted the number and negotiated a price for specific sexual services. A meeting place was identified. Once the men reached the designated meeting location they were stopped by undercover police officers. The officers would call take the customer's cell phone and call it to make sure they had the person who wanted the services. Once that was established arrests were made and the men were charged with violating G.L. c. 252 Section 53A. Attorney Neyman was hired by these men and several others involved in this sting. Today, Attorney Neyman succeeded in getting pretrial diversion under G.L. c. 276A for both defendants. They will have no criminal record.

    Read More in Sex Crimes

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In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record. Paul W. Boston, Massachusetts