This law punishes both the sexual activity of which is commonly known as commercial sex or prostitution.
The sexual activity is the performance of indiscriminate sexual acts for hire and the indiscriminate solicitation or agreement to perform sexual acts for hire. This law punishes both the prostitute and the prostitute’s client.
Under Massachusetts criminal law, the crime of Engaging in Sexual Conduct for a Fee is a misdemeanor sex offense and may be found at Massachusetts General Laws, Chapter 272, Section 53A.
Legal Elements of Engaging in Sexual Conduct for a Fee
In order to be found guilty of Engaging in Sexual Conduct for a Fee under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant either engaged, or agreed to engage, or offered to engage, in sexual conduct with another person
- that sexual conduct was or was to be done in return for a fee
Potential Punishment if Convicted of Engaging in Sexual Conduct for a Fee in Massachusetts
The potential consequences for Engaging in Sexual Conduct for a Fee, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 272, Section 53A.
A defendant convicted of Engaging in Sexual Conduct for a Fee shall be sentenced to not more than one year in the house of corrections.
Furthermore, the person who pays, agrees to pay or offers to pay the person to engage in the sexual conduct shall be punished by imprisonment in the hose of corrects for not more than 2 ½ years.
Although under Massachusetts criminal law this is considered a sex offense, a defendant is not required to register as a sex offender.
Lastly, if the person pays, or agrees to pay or offers to pay, with the intent to engage in sexual conduct with a child under the age of 18, it becomes a felony sex offense and the defendant will be punished by imprisonment in the state prison for not more than 10 years or the house of corrections for not more than 2 ½ years.
Because is a felony sex offense, convicted offenders must also comply with statutory sex offender registration and treatment requirements.
If you have been charged with a sex offense such as engaging in sexual conduct for a fee or commonly known prostitution and need an experienced Massachusetts Sex Offense Defense Lawyer call (508) 213-9113 today to schedule a free consultation with the Law Offices of John L. Calcagni III.