Facing a prostitution charge in Massachusetts is a serious matter that can have lasting effects on your personal and professional life. As a seasoned Massachusetts criminal attorney, I understand the complexities of such cases and the importance of a robust defense strategy. This guide provides an overview of prostitution laws in Massachusetts, potential defenses, jury instructions, and answers to frequently asked questions.
Understanding Prostitution Laws in Massachusetts
Under Massachusetts General Laws Chapter 272, Section 53A, prostitution involves engaging, agreeing to engage, or offering to engage in sexual conduct for a fee. The statute criminalizes both the act of offering sexual services and the act of soliciting such services.
Elements of Prostitution Charge
To convict someone of prostitution, the prosecution must prove beyond a reasonable doubt that:
- Engagement in Sexual Conduct: The defendant engaged, agreed to engage, or offered to engage in sexual conduct with another person.
- Exchange for a Fee: The sexual conduct was in return for a fee, indicating a commercial transaction.
It’s important to note that the actual exchange of money or completion of the sexual act is not necessary for a charge; the agreement or offer alone can suffice.
Potential Penalties in Massachusetts
A conviction for prostitution in Massachusetts can result in:
- Incarceration: Up to one year in a house of correction.
- Fines: Up to $500.
- Additional Consequences: Possible probation, mandatory counseling, and a permanent criminal record.
Defending Against Prostitution Charges
A strong defense requires a thorough examination of the circumstances surrounding the charge. Potential defense strategies include:
- Lack of Intent: Arguing that there was no intention to engage in sexual conduct for a fee.
- Entrapment: Demonstrating that law enforcement induced the defendant to commit the offense they otherwise would not have committed.
- Insufficient Evidence: Challenging the credibility or sufficiency of the prosecution’s evidence.
Massachusetts Prostitution Jury Instructions
In Massachusetts, jury instructions for prostitution charges are designed to ensure jurors understand the legal standards applicable to the case. Key components include:
- Definition of Sexual Conduct: Jurors are informed that “sexual conduct” encompasses sexual intercourse, oral sex, and any intrusion of a part of someone’s body or an object into another’s genital or anal area.
- Commercial Nature: The prosecution must prove that the sexual conduct was intended in exchange for a fee, highlighting the transaction’s commercial aspect.
- Burden of Proof: The Commonwealth must establish each element of the offense beyond a reasonable doubt.
These instructions guide jurors to apply the law correctly based on the evidence presented.
Case Example:
Consider a recent case where an individual was charged with soliciting a prostitute after responding to an online advertisement placed by undercover officers. The defendant allegedly agreed to pay a specific fee for sexual services and was arrested upon arrival at the designated location. The defense successfully argued entrapment and lack of intent, leading to the decision not to issue the complaint. This outcome underscores the importance of experienced legal representation in such cases.
Frequently Asked Questions (FAQs)
Q1: What should I do if I’m charged with prostitution in Massachusetts?
A1: Immediately consult with an experienced criminal defense attorney to discuss your case and potential defense strategies.
Q2: Can I be charged even if no money was exchanged?
A2: Yes, an agreement or offer to engage in sexual conduct for a fee is sufficient for a charge, regardless of whether money was exchanged.
Q3: What are the long-term consequences of a prostitution conviction?
A3: A conviction can result in a permanent criminal record, affecting employment opportunities, professional licenses, and personal relationships.
Q4: Is entrapment a valid defense in prostitution cases?
A4: Yes, if law enforcement induced you to commit the offense you otherwise would not have committed, entrapment can be a valid defense.
Q5: Will I have to register as a sex offender if convicted?
A5: Generally, prostitution convictions do not require sex offender registration, but related offenses might. Consult with your attorney for specifics.
Call Massachusetts Criminal Attorney Patrick Donovan Today
If you’re facing a prostitution charge in Massachusetts, it’s crucial to have a skilled defense attorney by your side. Attorney Patrick Donovan has extensive experience defending clients against such charges and is committed to protecting your rights. Contact Patrick Donovan today at pdonovanlaw.com for a free consultation and begin building your defense.
