Sex for a Fee
Prostitution is said to be the world’s oldest profession. If you or someone you love has been charged with prostitution or sex for a fee in the Boston area, contact attorney Kathleen McCarthy for a consultation. Prostitution and sex for a fee attorney Kathleen McCarthy can help get the charge(s) asserted against you reduced, or completely dismissed. You do not want to be prosecuted for sex crimes without an attorney. If convicted, your career and personal reputation may be put in jeopardy.
Attorney Kathleen McCarthy provides legal representation to individuals charged with prostitution, sex for a fee, solicitation of a prostitute and purveying. There are many defenses and strategies that an experienced sex crimes attorney can employ to avoid having this type of crime adversely affect someone’s criminal history or potential for employment. Attorney Kathleen McCarthy has specialized in criminal law for almost thirty years and has success in getting favorable results for clients.Massachusetts Prostitution and Sex for a Fee Crime Overview
In Massachusetts, prostitution and engaging in sex for a fee is illegal. According to MGL Chapter 272 section 53A (a), anyone who agrees to or offers to engage in sexual conduct with another person in return for a fee (prostitution), shall be imprisoned in the house of correction for not more than one year, and/or pay a fine of $500.
Under MGL Chapter 272 section 53A (b), whoever agrees to pay, or offers to pay a person to engage in sexual conduct, shall be imprisoned in the house of correction for not more than two and-one-half years, and/or pay a fine between $1,000 to $5,000.
MCL Chapter 272 section 53A (c) holds that whoever agrees to pay or offers to pay a person, or aids a third party, with the intent to engage in sexual conduct with a minor (under the age of 18-years-old), shall be imprisoned in the state prison for up to ten years, or sentenced to the house of correction for not more than two and-one-half years. Additionally, the convicted defendant will be required to pay $3,000 to $10,000 in fines.
A person may be prosecuted under MGL Chapter 272 section 53A regardless of whether sexual conduct occurs or not. The prosecutor must prove beyond a reasonable doubt that some type of “arrangement,” whether it be an offer or an agreement, to engage in sexual activity occurred. Section 53A (a) is primarily aimed towards women and men who offer sex as a service. Section (b) is aimed towards “Johns” who pay to engage in sexual activities with prostitutes.
If you or someone you love has been charged with a sex crime, contract Boston criminal defense attorney Kathleen McCarthy for a consultation. Sex for a fee attorney Kathleen McCarthy will review the facts of your case and provide you with legal guidance on how to have the charge(s) against you reduced, or completely dismissed.Solicitation of Prostitution Crime Overview
According to MGL Chapter 272 section 8, if a person solicits or receives compensation for soliciting a prostitute, he/she shall be punished by imprisonment for not more than two and one-half years, and/or pay a fine of $1,000 to $5,000.
Solicitation involves the act of asking another person if he/she wants to engage in prostitution, or knows of any “Johns” looking for a prostitute. Section 8 is aimed towards both the solicitor and any person agreeing to pay a prostitute to engage in sexual conduct. Individuals who own a brothel or run an escort service are usually charged under this code section. Contact attorney Kathleen McCarthy for more information.Boston Purveying Crime Overview
Purveying, often referred to as “pimping,” involves the crime of deriving financial support from prostitution. Under MGL Chapter 272 section 7, if a person knowingly derives support or maintenance from a person “known” to be a prostitute, meaning, they receive some type of financial support from a prostitute’s earnings or proceeds, then the person shall be punished by imprisonment for five years in state prison. Purveying laws are used to prosecute “pimps” and other individuals who extort prostitutes for financial gains. Contact attorney Kathleen McCarthy for more information about legal representation regarding purveying.Common Defenses to Prostitution, Solicitation, and Purveying Crimes
- No Sexual Conduct
If no sexual conduct occurs between parties, then the crime of prostitution may, depending on the circumstances, be dismissed. Sexual conduct consists of intercourse, genital arousal and stimulation, and oral sexual contact. However, with the crime of sex for a fee it is not necessary for sexual contact to occur, just the agreement to engage in sexual relations is enough. It is important to hire an experienced attorney who is familiar with the elements of all of the crimes that relate to sexual conduct.
- No Fee
In circumstances in which no money was actually exchanged, it may be appropriate to argue that no crime was committed. However, sometimes just the agreement to pay for sex is enough to satisfy the statute. Compensation does not need to be for money. An exchange of another good or service can be considered compensation. For example, the exchange of drugs for sex can be considered compensation (the fee).
- Lack of Probable Cause
A police officer must have probable cause to arrest someone for prostitution or any other crime.The officer must first document probable cause to believe that a person made an explicit offer to engage in sexual activity to another person for a fee before an arrest can be made. If the officer did NOT have probable cause then an experienced lawyer will file a motion to dismiss. Ideally, this should be done prior to arraignment so that the client can avoid ANY entry on his or her criminal history.
- Entrapment The defense of entrapment applies when a police officer induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit. For example, if a police officer disguises as a prostitute and pressures a man or woman to engage in sexual activity for a fee, and the person does so, an entrapment defense can be argued to have any sex crime charge reduced or dismissed.
Boston attorney Kathleen McCarthy can help defend the prostitution or sex for a fee charge asserted against you or a loved one. As a former Assistant District Attorney with the Suffolk County District Attorney’s Office, Attorney McCarthy knows the ins-and-outs of preparing a solid defense against the prosecutor’s claims. She has insight into how the District Attorney office operates and uses it to obtain the most favorable results for her clients. She is an experienced litigator and has tremendous trial experience in district court. Call 978-975-8060 to speak with her directly. Attorney McCarthy gives free initial phone consultations.