Massachusetts G.L. c. 272, § 53A: Engaging in Sexual Conduct for a Fee
If your charging documents reference G.L. c. 272, § 53A, you are facing a prostitution or solicitation charge. The penalty you face depends heavily on which role the Commonwealth alleges you played.
Understanding what constitutes a "dangerous weapon" under Massachusetts law is critical to understanding these charges and potential defenses.
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Understanding Your Charges and Your Options
Being accused of assaultBeing charged under this statute is stressful, and these cases often involve genuine questions about what the Commonwealth can actually prove. We understand these situations are often more complicated than they appear. For over 30 years, we have helped people facing serious charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 272, § 53A Prohibit?
Massachusetts G.L. c. 272, § 53A makes it a misdemeanor to engage, agree to engage, or offer to engage in sexual conduct with another person in return for a fee. It separately makes it a crime to pay, agree to pay, or offer to pay another person to engage in, or agree to engage in, sexual conduct.
Under both provisions, the statute applies whether or not the sexual conduct actually occurs. An agreement or offer alone is enough to complete the offense.
The penalty depends heavily on which role the Commonwealth alleges: providing sexual conduct for a fee carries a much lower maximum penalty than paying for it, and a separate, far more serious provision applies if a minor is involved.
This charge is commonly referred to as prostitution or solicitation, and both parties to the alleged transaction can be separately prosecuted.
What the Prosecution Must Prove
To convict you under either provision of this statute, the Commonwealth must prove each of the following beyond a reasonable doubt:
Engaging, Agreeing, or Offering : You engaged, agreed to engage, or offered to engage in sexual conduct with another person, or, if charged as the payer, you paid, agreed to pay, or offered to pay another person for sexual conduct.
In Return for a Fee : The conduct was, or was intended to be, exchanged for a fee.
Actual Conduct Not Required : The Commonwealth need not prove the sexual conduct actually occurred. An agreement or offer is sufficient.
The Commonwealth must prove ALL of these elements. Whether an actual agreement or offer was made, as opposed to ambiguous conduct or conversation, is often the central issue in these cases.
Engaging, Agreeing, or Offering : You engaged, agreed to engage, or offered to engage in sexual conduct with another person, or, if charged as the payer, you paid, agreed to pay, or offered to pay another person for sexual conduct.
In Return for a Fee : The conduct was, or was intended to be, exchanged for a fee.
Actual Conduct Not Required : The Commonwealth need not prove the sexual conduct actually occurred. An agreement or offer is sufficient.
The Commonwealth must prove ALL of these elements. Whether an actual agreement or offer was made, as opposed to ambiguous conduct or conversation, is often the central issue in these cases.
Penalties Under Massachusetts Law
The penalty depends significantly on your alleged role, and a separate, far more serious tier applies if a minor is involved.
Providing Sexual Conduct for a Fee
● Up to 1 year in a house of correction, OR
● A fine of up to $500, OR both
● This tier applies to the person alleged to have provided or offered sexual conduct in exchange for payment
● Both fine and imprisonment possible
● A fine of up to $500, OR both
● This tier applies to the person alleged to have provided or offered sexual conduct in exchange for payment
● Both fine and imprisonment possible
Paying for Sexual Conduct
● Up to 2.5 years in a house of correction, OR
● A fine of $1,000 to $5,000, OR both
● This tier applies to the person alleged to have paid or offered to pay for sexual conduct, and carries a significantly higher maximum penalty than the providing side
● A fine of $1,000 to $5,000, OR both
● This tier applies to the person alleged to have paid or offered to pay for sexual conduct, and carries a significantly higher maximum penalty than the providing side
Involving a Child Under 18
● Up to 10 years in state prison, or up to 2.5 years in a house of correction combined with a fine of $3,000 to $10,000
● This tier applies whether you paid or intended to pay for sexual conduct with a child under 18, or were paid or agreed that a third party be paid for aiding such a person; this case cannot be continued without a finding or placed on file
● This tier applies whether you paid or intended to pay for sexual conduct with a child under 18, or were paid or agreed that a third party be paid for aiding such a person; this case cannot be continued without a finding or placed on file
Collateral Consequences
● A criminal record affecting employment
● Immigration consequences for non-citizens, which can be severe
● Professional license implications
● Significant impact on personal and family relationships
● Sex offender registration requirements, if a minor is involved
● Difficulty obtaining housing
● Publicity concerns, given how these arrests are frequently reported
● Immigration consequences for non-citizens, which can be severe
● Professional license implications
● Significant impact on personal and family relationships
● Sex offender registration requirements, if a minor is involved
● Difficulty obtaining housing
● Publicity concerns, given how these arrests are frequently reported
Related Criminal Charges
● G.L. c. 265, § 23: Rape of a Child (Statutory Rape) : A separate and far more serious charge if the alleged conduct with a minor actually occurred
● G.L. c. 265, § 50: Trafficking of Persons for Sexual Servitude : A far more serious felony charge if coercion, recruitment, or control of another person is also alleged
● G.L. c. 272, § 7: Sharing Earnings of a Prostitute : A separate charge for someone who derives support from another person's alleged prostitution
● G.L. c. 272, § 8: Soliciting for a Prostitute : A related charge for soliciting on behalf of another person, distinct from soliciting for yourself
● G.L. c. 272, § 12: Procuring a Person to Practice Prostitution, a related charge that criminalizes arranging or facilitating another person's alleged prostitution
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
● G.L. c. 265, § 50: Trafficking of Persons for Sexual Servitude : A far more serious felony charge if coercion, recruitment, or control of another person is also alleged
● G.L. c. 272, § 7: Sharing Earnings of a Prostitute : A separate charge for someone who derives support from another person's alleged prostitution
● G.L. c. 272, § 8: Soliciting for a Prostitute : A related charge for soliciting on behalf of another person, distinct from soliciting for yourself
● G.L. c. 272, § 12: Procuring a Person to Practice Prostitution, a related charge that criminalizes arranging or facilitating another person's alleged prostitution
Related Practice Area: Our Sex Crimes Defense Practice Area Overview
Defending Against Prostitution or Solicitation Charges
These cases often present genuine defense opportunities because the standard is more demanding than most people assume. An ambiguous conversation, misunderstanding, or undercover operation does not automatically establish the agreement this statute requires.
A key defense involves challenging whether an actual agreement or offer was ever made, as opposed to vague conversation that fell short of the statute's requirements. Many of these cases arise from undercover police operations, which raise their own set of questions about entrapment and the specific wording used.
We also examine whether the alleged conduct actually meets the statute's definition of sexual conduct, and, if you are charged as the payer, whether the Commonwealth can prove you knew a fee was actually being requested or offered.
For a first offense, diversion programs or favorable plea resolutions may be available depending on the circumstances and your record.
A key defense involves challenging whether an actual agreement or offer was ever made, as opposed to vague conversation that fell short of the statute's requirements. Many of these cases arise from undercover police operations, which raise their own set of questions about entrapment and the specific wording used.
We also examine whether the alleged conduct actually meets the statute's definition of sexual conduct, and, if you are charged as the payer, whether the Commonwealth can prove you knew a fee was actually being requested or offered.
For a first offense, diversion programs or favorable plea resolutions may be available depending on the circumstances and your record.
What To Do Right Now
If you have been charged under G.L. c. 272, § 53A, taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
This charge can carry real consequences, and if a minor is alleged to be involved, the stakes rise dramatically. Experienced legal representation is essential.
For over 30 years, we have defended serious charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have defended serious charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
