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.
Cambridge District Court: Continuance Without a Finding on Sex For a Fee Case Sealed
The defendant received a continuance without a finding on a sex for a fee case, G.L. c. 272 Section 53A towards the end of last year. He satisfied the probationary conditions and the matter was dismissed. It remained on his CORI and he was unable to obtain employment. He hired our office to seal his CORI so that he could get back to work. Today, Attorney Neyman was able to have the petition to seal under G.L. c. 276 Section 100A allowed.
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Malden District Court: Pretrial Probation Given to Non-Citizen Woman Charged with Sexual Conduct for a Fee
On April 27, 2018 the Malden Police Department had a task force assigned to eradicating prostitution from massage parlors. On a tip from several "Johns" officers targeted a woman who was advertising her sexual services. The officers made contact with the woman and negotiated various sex acts. In an undercover capacity they went to the massage parlor and provided marked money to the defendant after she offered to perform certain sexual acts. The woman is not a citizen. Once the acts were negotiated and the money passed the officers arrested the woman and charged her with sexual conduct for a fee in violation of G.L. c. 272 Secton 53A. Attorney Neyman was hired. Today we got pretrial probation under G.L. c. 276 Section 87 for the client. She will have no criminal record.
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Woburn District Court: Sexual Conduct for a Fee Case Does Not Issue After Clerk Magistrate Hearing
The defendant in this case is not a citizen. It is alleged that on January 26, 2018 a human trafficking task force established in Southern Middlesex County was engaged in a sting operation targeting sex for fee cases prohibited by G.L. c. 272 Section 53A. The officers used backpage.com to entice predisposed customers to respond and negotiate sexual services for a fee. The defendant responded to one of these adds and agreed to meet with an undercover officer posing as a prostitute. Several sexual acts were negotiated. The defendant responded to a designated location and was met by the undercover officer. The defendant had his cell phone in his hand. Officers texted it confirming that they had their target. He was then placed under arrested and charged with sex for a fee. A clerk magistrate hearing was scheduled. Today, Attorney Neyman was able to convince the clerk magistrate not to issue the complaint. There will be no immigration consequences.
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