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.
Woburn District Court: Sex For Fee and Indecent Assault and Battery Charges Against Non-Citizen Dismissed at Arraignment
The defendant is a non-citizen with several graduate degrees in engineering. On July 27, 2017 he responded to a backpage.com advertisement soliciting sex for a fee. The person making the solicitation was an undercover police officer. Sexual services were negotiated over the phone and the defendant went to a hotel designated by the undercover officer. There, he entered the room and started groping the undercover officer. He was immediately arrested and charged with indecent assault and battery, G.L. c. 265 Section 13H and sex for a fee, G.L. c. 272 Section 53A. Our office continued the arraignment several times in an effort to secure a dismissal. Today. The third scheduled arraignment date, we were able to get all charges dismissed.
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Woburn District Court: Sex For a Fee Charges Do Not Issue After Clerk Magistrate Hearing
On June 28, 2017 members of a Massachusetts Vice Task Force were conducting a sting operation targeting Johns on prostitution cases. An advertisement was placed on backpage.com offering sexual services for a fee. Around 3:00 p.m., after a series of negotiations through text messages, the defendant appeared at a specific hotel room. He was met by members of the task force and immediately notified of their purpose. He confessed to texting the decoy prostitute and surrendered his cell phone. He was summonsed to the courthouse on charges of sex for a fee in violation of G.L. c. 272 Section 53A. Today, after a clerk magistrate hearing Attorney Neyman convinced the magistrate not to issue the complaint.
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Woburn District Court: Sex For Fee Charges Do Not Issue After Clerk Magistrate Hearing
The defendant is a successful computer programmer who owns a large Massachusetts based company. On June 28, 2017 members of the Southern Middlesex Vice Task Force set up a sting operation in the Woburn area. They set up an online advertisement soliciting money for sexual services. The undercover officer conducting the operation arranged a date with our client. The two agreed to meet at a hotel room that had secretly been rented by the police. The defendant arrived and was immediately met by police officers. During questioning the defendant admitted that he had negotiated sexual services for a fee over the internet and the telephone. He surrendered his phone to the police and permitted them to scroll through messages. The phone corroborated information obtained over the internet and the defendant was released. A summons for a clerk magistrate hearing issued charging him with sex for a fee under G.L. c. 272 Section 53A. Attorney Neyman was hired. He convinced the clerk magistrate not to issue the complaint.
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