This law prohibits the trafficking of a person for sexual servitude. For the purposes of this crime, ”Commercial sexual activity”, is any sexual act on account of which anything of value is given, promised to or received by any person.
Furthermore, ”Sexually-explicit performance”, is an unlawful live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
Under Massachusetts criminal law, the crime of Trafficking of Persons for Sexual Servitude is a felony sex offense and may be found at Massachusetts General Laws, Chapter 265, Section 50.
Legal Elements of Trafficking of Persons for Sexual Servitude
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In order to be found guilty of Trafficking of Persons for Sexual Servitude under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant knowingly;
- subjected, or attempted to subject, or recruited, enticed, harbored, transported, provided or obtained by any means, or attempted to recruit, entice, harbor, transport, provide or obtain by any means, another person;
- for the purposes of that person to engage, or causes that person to engage in commercial sexual activity, a sexually-explicit performance or the production of unlawful pornography.
The defendant can also be found guilty if he or she benefits, financially or by receiving anything of value from the commercial sexual activity, a sexually-explicit performance or the production of unlawful pornography.
Potential Punishment if Convicted of Trafficking of Persons for Sexual Servitude
The potential consequences for Trafficking of Persons for Sexual Servitude, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 50.
A defendant convicted of Trafficking of Persons for Sexual Servitude shall be sentenced to a term in state prison for not less than five years but not more than 20 years, or in a jail or house of corrections for not more than 2 ½ years.
Because Trafficking of Persons for Sexual Servitude is a sex offense, convicted offenders must also comply with statutory sex offender registration and treatment requirements.
If, however, the defendant commits the crime of trafficking of persons for sexual servitude upon a person under 18 years of age, he shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 5 years.
Furthermore, if a defendant is convicted as a juvenile delinquent of this crime, any second or subsequent violations will require sex offender registration Massachusetts General Laws, Chapter 265, Section 52.
Charged or accused of trafficking of a person for sexual servitude in Massachusetts? Call (508) 213-9113 to schedule a free consultation with an award winning criminal defense team experienced with Massachusetts Sex Crimes Defense.
