Can I Charge a Fee for Hosting Swinger Parties in Massachusetts?
Full Question:
Answer:
Prosecution in MA may occur based upon knowledge of sexual acts occuring where compensation is exchanged and a person may also be prosecuted even if a sexual act doesn't in fact occur. One statute mentions a place of "ill fame or other place resorted to for prostitution, the character of which on reasonable inquiry could have been ascertained." Therefore, it is possible for a person to be prosecuted despite lack of actual knowledge, but based on what a person reasonably should be deemed to know.
Please see the following MA statutes to determine applicability:
G.L.c. 272, § 6. Owner of place inducing or suffering person to resort in
such place for sexual intercourse.
Section 6. 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.
G.L.c. 272, § 12. Procuring person to practice, or enter a place for,
prostitution; employment office procuring person.
Section 12. 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, whether within 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.
G.L.c. 272, § 7. Support from, or sharing, earnings of prostitute.
Section 7. 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.
G.L.c. 272, § 8. Soliciting for prostitute.
Section 8. 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.
G.L.c. 272, § 9. Oath and warrant to enter place for prostitution;
detention of person in control and prostitute; recognizance to appear as
witness.
Section 9. 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.
G.L.c. 272, § 12. Procuring person to practice, or enter a place for,
prostitution; employment office procuring person.
Section 12. 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, whether within 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.
G.L.c. 272, § 24. Keeping house of ill fame.
Section 24. 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.
G.L.c. 272, § 53A. Engaging in sexual conduct for a fee; engaging
in sexual conduct with child under age 14 for a fee; penalties
Section 53A. (a) Whoever engages, agrees to engage, or offers to engage
in sexual conduct with another person in return for a fee, or whoever
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, shall be punished by imprisonment in the house of correction for
not more than 1 year or by a fine of not more than $500 or by both such
imprisonment and fine, whether such sexual conduct occurs or not.
(b) Whoever pays, agrees to pay, or offers to pay any person with the
intent to engage in sexual conduct with a child under the age of 14, or
whoever is paid, agrees to pay, or agrees that a third person be paid in
return for aiding a person who intends to engage in sexual conduct with a
child under the age of 14, shall be punished by imprisonment in the state
prison for not more than 10 years or in the house of correction for not more
than 2 1/2 years, whether such sexual conduct occurs or not.
G.L.c. 272, § 4B. Living off or sharing earnings of minor prostitute;
penalties.
Section 4B. Whoever lives or derives support or maintenance, in whole
or in part, from the earnings or proceeds of prostitution committed by a
minor, knowing the same to be earnings or proceeds of prostitution, or
shares in such earnings, proceeds or monies, shall be punished by
imprisonment in the state prison for not less than five years and by a
fine of five thousand dollars. The sentence imposed under this section
shall not be reduced to less than five 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 five years of such sentence.
Prosecutions commenced under this section shall not be continued without
a finding nor placed on file.