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:
- Sent; or
- Aided or abetted in
- Enticing; or
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.
Quincy District Court: Charges of Sex for a Fee do not Issue Against Software Engineer
The is a software engineer working in the greater Boston area. He is not a citizen. Several weeks ago the man responded to a backpage.com advertisement offering sexual services for a fee. The man responded to the listing and negotiated a fee for specific sexual services. He was then directed to a hotel. Unbeknownst to the man this was a sting operation run by a human trafficking task force. The man met with an undercover officer posing as a prostitute and was arrested. He faced charges of sex for a fee under G.L. c. 272 Section 53A. Attorney Neyman was hired and was able to prevent charges from issuing.
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Quincy District Court: Charges of Sex For a Fee Dismissed After Clerk Magistrate Hearing
The defendant is a professor at a prestigious university. On April 20, 2017 members of the Braintree, Massachusetts police department were conducting a surveillance operation at a local hotel. They had information that one of the rooms was being used by a male prostitute and that he was servicing dozens of local men over a period of days. One such man was approached by officers as he left the hotel. He was questioned and quickly admitted to engaging in these activities with the prostitute. The man identified the prostitute and the room. Officers then went to the room, were permitted to enter and found the defendant in the room with the prostitute. Both admitted to engaging in sexual acts for money. The defendant was then summonsed for a clerk magistrate hearing charging him with sex for a fee, G.L. c. 272 Section 53A. Attorney Neyman represented the defendant at the hearing and was able to get the charges dismissed. No complaint will issue.
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Boston Municipal Court: Sex For a Fee Charge Dismissed After Clerk Magistrate Hearing
The defendant is the CEO of a large suburban Boston manufacturing company. Several weeks ago he replied to a backpage.com advertisement offering sexual services in exchange for a fee. Several electronic conversations took place. Eventually, through email and texts the defendant and the purported prostitute agreed to meet at a downtown Boston hotel. When the defendant entered the room he was met by a woman who accepted his money pursuant to their pre-arranged agreement. After the money was passed police officers entered the room and arrested the man. The woman identifying herself as a prostitute was actually an undercover police officer. The man was charged with violating G.L. c. 272 Section 8, soliciting a prostitute. A clerk magistrate hearing was scheduled and our office was hired. Attorney Neyman was able to prevent the complaint from issuing. The case was dismissed.
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