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In Massachusetts it is a crime to pay money in exchange for sexual favors, or to perform a sex act in exchange for money. In the prosecution of a male or female accused of prostitution the Commonwealth must prove two elements beyond a reasonable doubt.

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First, it must be shown that the defendant engaged, or agreed to engage, or offered to engage in sexual conduct with another person. Second, the Commonwealth must prove that what was done or was to be done, in cases where an agreement was reached but the act was never consummated in return for a fee.

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The crime of sexual conduct for a fee has developed rapidly with the constant improvements in technology, and the marketplace for sexual service is now more likely to be online than on a darkened street corner. Specifically, websites including but certainly not limited to Craigslist allow individuals to meet in hotels or other discrete locations to carry out a sexual transaction.

Unfortunately for many defendants, law enforcement tactics have developed accordingly, to the point that a large amount of these trysts are actually arranged by undercover detectives, who then make the arrest when an individual shows up at the agreed upon place at the agreed upon time.

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Such arrests often evolve into rather complex legal cases, as the computer records of the defendant will often be critical evidence for the prosecution, and, if presented to a jury, may effectively function as a sort of confession insofar as they demonstrate an intent and agreement on the part of a defendant to exchange money for sex, or vice-versa. As described above, the mere agreement to perform the requested act in exchange for money can result in an arrest, regardless of whether the act was performed.

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If you or a friend or family member have been charged with engaging sexual conduct for a fee, it is crucial that you retain an experienced criminal attorney to handle your case. Attorney Daniel Cappetta is experienced in the defense of this charge.


Call Attorney Cappetta today at for a free consultation. Please do not include any confidential or sensitive information in a contact form, text message, or voic. The contact form sends information by non-encryptedwhich is not secure.

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Submitting a contact form, sending a text message, making a phone call, or leaving a voic does not create an attorney-client relationship. Member Of:. Practice Areas. Criminal Law. Sex Crimes and Sexual Assault Defense. Sexual Conduct for a Fee.

Sexual Conduct for a Fee In Massachusetts it is a crime to pay money in exchange for sexual favors, or to perform a sex act in exchange for money.

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