Recently, human trafficking has become an overwhelming concern for the Commonwealth. As a result, crimes of this nature are being more harshly penalized. Whether the offender paid, hired, elicited, or displayed a lewd or sexual act in public which would offend the average person the commonwealth will punish those individuals accordingly. If you have been charged with a sex crime, you need an experienced attorney who will fight zealously on your behalf/ I represent clients charged with prostitution-related crimes, including:
A common nightwalker is someone who, during the night, solicits others to engage in illegal sexual acts. Most often common nightwalkers are recognized as prostitutes who solicit their customers on the street.
This offense goes hand-in-hand with public disturbance and disorderly conduct. Illegal activity occurs when an offender, through words or acts, accosts or annoys others.
The key to a guilty finding of this crime is the solicitation must take place at night. To be illegal, the words or act must take place in a public location. Offenders can be either male or female. Courts have recognized cases that mere solicitation to engage in sexual acts is considered prostitution under Massachusetts law.
Common nightwalkers are punished through fines of up to $200 and/or a prison sentence of no more than 6 months.
Sexual Conduct for a Fee
It is also illegal to engage in, or contract to engage in, sexual conduct with another for a fee. It is immaterial whether or not the sexual relations actually take place for the conduct to be penalized. These laws are meant to penalize the customers of prostitutes.
Penalties for such a crime include a fine of $500 and/or imprisonment for up to a year.
It is also a crime to pay for another to engage in such conduct. If an individual pays for another to engage in such a crime the offender will be fined $1000 to $5000 dollars and/or placed in prison for up to 2 ½ years.
Should the conduct be with a child under the age of 18 harsher criminal penalties are enforced. Whoever is paid, agrees to pay, or aids in such an offense will face fines of $3000 to $10000 and/or imprisonment for up to 10 years.
Deriving Support from Earnings of a Prostitute
Not only is prostitution considered a criminal offense, deriving support from earnings of a prostitute is also a felony in Massachusetts. This crime has much harsher penalties than being charged as a nightwalker.
A person, who knowingly lives, derives support, or maintenance of a lifestyle, wholly or partially, from a prostitute’s earnings can be criminally charged. The government must prove that the offender knew that the money or support was coming directly from the earnings of a prostitute.
Common examples of this offense include operating a house or prostitution and pimping.
The Commonwealth of Massachusetts takes this offense seriously; guilty findings result in no less than a 2 year prison sentence without eligibility for probation, parole, or good behavior.
Have you been charged with a sex crime?
Sex crimes are not only serious, but they can potentially lead to embarrassment and have other serious ramifications. I understand.
If you have been charged with a sex crime, please contact me and my firm for a free consultation. You will need a lawyer who is tenacious in representing your rights and seeking to preserve your legal innocence. Let me help you.
I would invite you to call me at (978) 851-5145 or fill out the contact form below to schedule a meeting at your convenience.
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