What is the law on prostitution?

November 21st, 2018

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Pimping — Deriving Support from the Earnings of a Prostitute | G.L. c. 272, § 7 — Knowingly Profiting from Another’s Prostitution

Massachusetts law makes it a serious felony to knowingly live off, derive support from, or share in the earnings of a person engaged in prostitution. The offense is set out in G.L. c. 272, § 7 and is commonly referred to as “pimping.” It carries a mandatory minimum sentence of two years and significant collateral consequences.

This expanded guide explains the elements of the offense, the mandatory sentencing structure, related prostitution crimes, and practical defense considerations.

The Statutory Offense

G.L. c. 272, § 7 provides that 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 that person’s prostitution, or from moneys loaned, advanced to, or charged against that person 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 statute is directed at those who intentionally profit from the prostitution of another. The Supreme Judicial Court has construed the offense to require knowledge of the prostitution and an intent to profit from it.

Elements the Commonwealth Must Prove

According to the model jury instruction (as refined by case law), the Commonwealth must prove three things beyond a reasonable doubt:

That a particular person was engaged in prostitution (a prostitute being a person who engages in sexual activity for hire);
That the defendant had knowledge of, and intended to profit from, that person’s prostitution; and
That the defendant shared in some way in the earnings or proceeds from that person’s prostitution.

Mere association with a person engaged in prostitution, or providing incidental assistance without sharing in the proceeds with the intent to profit, is generally insufficient.

Penalties and Mandatory Minimum

A conviction under § 7 carries a sentence of five years in state prison and a fine of $5,000. Critically:

The sentence of imprisonment may not be reduced to less than two years;
The sentence may not be suspended;
The defendant is not eligible for probation, parole, furlough, or good-conduct deductions until two years have been served; and
Prosecutions under this section may not be continued without a finding or placed on file.

These restrictions make the charge one of the more severe non-homicide, non-firearm offenses in the Massachusetts code.

Related Prostitution Offenses

Section 7 sits alongside several related statutes:

Engaging in sexual conduct for a fee (G.L. c. 272, § 53A) — the basic prostitution and solicitation offense;
Common nightwalker (G.L. c. 272, § 53) — historically used for street solicitation;
Living off or sharing earnings of a minor prostitute (G.L. c. 272, § 4B) — a more serious offense involving a person under 18; and
Human trafficking for sexual servitude (G.L. c. 265, § 50) — which carries even higher mandatory minimums and is frequently charged in cases involving force, fraud, or coercion.

Defense Strategies

Common avenues of defense include:

Challenging whether the alleged prostitute was in fact engaged in sexual activity for hire;
Contesting the defendant’s knowledge of the prostitution;
Arguing that any money received was not a share of prostitution proceeds or was not received with the intent to profit from prostitution;
Distinguishing incidental or non-profit assistance from the intentional sharing required by the statute; and
Examining the legality of any search, seizure, or electronic surveillance that produced the evidence.

Frequently Asked Questions

Is there a way around the two-year mandatory minimum?

The statute expressly prohibits reduction below two years, suspension, probation, or early release until two years have been served. Creative plea negotiations that avoid a conviction under § 7 itself are often the only practical path to a lesser outcome.

Does the statute require that the defendant be a “pimp” in the traditional sense?

No. The statute reaches anyone who knowingly and intentionally profits from another’s prostitution, whether or not the defendant fits the classic image of a pimp.

Can a roommate or partner be charged simply for sharing living expenses?

Sharing ordinary household expenses is not automatically criminal. The Commonwealth must still prove knowledge of the prostitution and an intent to profit from its proceeds.

Why Experienced Counsel Matters

Because of the mandatory minimum and the prohibition on continuances without a finding or placing the case on file, a charge under § 7 carries unusually high stakes. Early intervention by counsel who understands both the elements and the practical realities of plea negotiation can make a decisive difference in the outcome.

Contact Criminal Defense Attorney William J. Barabino

If you or a loved one has been charged with deriving support from the earnings of a prostitute or a related prostitution offense, early and experienced representation is essential. The Law Office of William J. Barabino provides client-focused criminal defense throughout Massachusetts.

Call 781-393-5900 today for a confidential consultation.

Visit williambarabino.com for additional resources on sex offenses and related topics.

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