Is prostitution legal in Massachusetts?
Massachusetts prostitution laws make it a crime to engage in sexual conduct for any fee. Even entering a place of prostitution is a criminal offense across the state. There is currently a dangerous effort to rebrand the Nordic Model of prostitution (entrapment model) as the Equality Model in an effort to implement this failed system in Massachusetts.
Prostitution Laws of Massachusetts
- 272:2: Enticing away person for prostitution or sexual intercourse
- 272:6: Owner of place inducing or suffering person to resort in such place for sexual intercourse
- 272:7: Support from, or sharing, earnings of prostitute
- 272:8: Soliciting for prostitute
- 272:9: Oath and warrant to enter place for prostitution; detention of person in control and prostitute; recognizance to appear as witness
- 272:10: Arrest without warrant
- 272:11: Corroboration of one witness; limitations
- 272:12: Procuring person to practice, or enter a place for, prostitution; employment office procuring person
- 272:13: Detaining, or drugging to detain, person in place for prostitution
- 272:24: Keeping house of ill fame
- 272:53A: Engaging in sexual conduct for a fee; penalty
Chapter 272: Section 2: Enticing away person for prostitution or sexual intercourse
Whoever fraudulently and deceitfully entices or takes away a person from the house of his parent or guardian or elsewhere, for the purpose of prostitution or for the purpose of unlawful sexual intercourse, and whoever aids and assists in such abduction for such purpose, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment in jail.
Chapter 272: Section 6: Owner of place inducing or suffering person to resort in such place for sexual intercourse
Whoever, being the owner of a place or having or assisting in the management or control thereof induces or knowingly suffers a person to resort to or be in or upon such place, for the purpose of unlawfully having sexual intercourse for money or other financial gain, shall be punished by imprisonment in the state prison for a period of five years and a five thousand dollar fine. The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.
Chapter 272: Section 7: Support from, or sharing, earnings of prostitute
Whoever, knowing a person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of his prostitution, from moneys loaned, advanced to or charged against him by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall share in such earnings, proceeds or moneys, shall be punished by imprisonment in the state prison for a period of five years and by a fine of five thousand dollars. The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.
Chapter 272: Section 8: Soliciting for prostitute
Whoever shall solicit or receive compensation for soliciting for a prostitute shall be punished by imprisonment in the house of correction for not more than one year or by a fine of not more than five hundred dollars, or both.
Chapter 272: Section 9: Oath and warrant to enter place for prostitution; detention of person in control and prostitute; recognizance to appear as witness
If a person makes oath before a district court that he has probable cause to suspect that a house, building, room or place is kept or resorted to for prostitution and that a certain person owning or having or assisting in the management or control of such house, building, room or place knowingly suffers another person to be in or upon such place for the purpose of unlawfully having sexual intercourse, said court shall, if satisfied that there is probable cause thereof, issue a warrant commanding the sheriff or his deputy, or any constable or police officer, to enter such house, building, room or place and search for such owner or person in control, and take into custody both the owner or person in control and such other person as may be in or upon such place for such purpose. Said owner or person in control shall be detained for not more than twenty-four hours until complaint may be made against him, and any such other person for a reasonable time until brought before said court to be recognized with or without sureties at the discretion of said court to appear as witnesses before the next or any succeeding sitting of said court. This section shall be in addition to and not in derogation of the common law.
Chapter 272: Section 10: Arrest without warrant
Nothing in the preceding section shall prevent the arrest and detention without a warrant of any person who, the officer serving said process may have reasonable cause to believe, is violating any provision of this chapter, or is keeping a house, room or place resorted to for prostitution or lewdness, and said officer may upon such search arrest without a warrant any such person, and detain him until complaint may be made against him.
Chapter 272: Section 11: Corroboration of one witness; limitations
A person shall not be convicted under sections 2, 4 and 6 upon the evidence of one witness only, unless his testimony is corroborated in a material particular, and prosecution for a violation of any of said sections shall not be commenced more than one year after the commission of the crime.
Chapter 272: Section 12: Procuring person to practice, or enter a place for, prostitution; employment office procuring person
Whoever knowingly procures, entices, sends, or aids or abets in procuring, enticing or sending, a person to practice prostitution, or to enter as an inmate or a servant a house of ill fame or other place resorted to for prostitution, whetherwithin or without the commonwealth, shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not less than three months nor more than two years. Whoever as a proprietor or keeper of an employment agency, either personally or through an agent or employee, procures or sends a person to enter as aforesaid a house of ill fame or other place resorted to for prostitution, the character of which on reasonable inquiry could have been ascertained by him, shall be punished by a fine of not less than fifty nor more than two hundred dollars.
Chapter 272: Section 13: Detaining, or drugging to detain, person in place for prostitution
Whoever, for any length of time, unlawfully detains or attempts to detain, or aids or abets in unlawfully detaining or attempting to detain, or provides or administers or aids or abets in providing or administering any drug or liquor for the purpose of detaining a person in a house of ill fame or other place where prostitution is practiced or allowed, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not less than one nor more than two and one half years or by a fine of not less than one hundred nor more than five hundred dollars.
Chapter 272: Section 24: Keeping house of ill fame
Whoever keeps a house of ill fame which is resorted to for prostitution or lewdness shall be punished by imprisonment for not more than two years.
Chapter 272: Section 53A: Engaging in sexual conduct for a fee; penalty
Any person who engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or any person who pays, agrees to pay or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another natural person may be punished by imprisonment in a jail or house of correction for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.