Massachusetts makes it a felony to knowingly live off or share in the money another person earns from prostitution. The charge, deriving support from the earnings of a prostitute under G.L. c. 272, § 7, is the state’s “pimping” law. It carries a 2-year mandatory minimum, and it cannot be resolved with a continuance without a finding.
At a Glance: Deriving Support from Prostitution
Felony
5 years in state prison and a $5,000 fine
2-year minimum
no probation, parole, or furlough until 2 years are served
No CWOF
the case cannot be continued without a finding or placed on file
Intent to profit
knowledge alone is not enough; you must intend to profit
The law: G.L. c. 272, § 7; Commonwealth v. Brown, 481 Mass. 77 (2018)
What the Law Covers
Section 7 applies to anyone who, knowing a person to be a prostitute:
- lives on or gets support or maintenance, in whole or in part, from the earnings or proceeds of that person’s prostitution;
- gets support from money loaned or advanced to, or charged against, that person by a keeper, manager, or resident of a place where prostitution happens; or
- shares in those earnings, proceeds, or moneys.
In Commonwealth v. Brown, 481 Mass. 77 (2018), the SJC held that the statute targets pimping, which it defined as “knowingly and intentionally profiting from the prostitution of another.” The amount you received does not matter, and the Commonwealth does not have to prove you helped arrange the prostitution. Finding customers is a separate crime under § 8.
Profiting from Prostitution: Which Statute?
Soliciting for a prostitute · § 8
Finding customers, or being paid to
Up to 2½ yrs HOC and/or $1,000–$5,000
Deriving support · § 7
Knowingly profiting from an adult’s prostitution
5 yrs state prison + $5,000; 2-yr minimum
Minor involved · § 4B
Profiting from prostitution by a person under 18
At least 5 yrs state prison; 5-yr minimum
Sex trafficking · c. 265 § 50
Recruiting, harboring, or causing commercial sex, or benefiting from it
5–20 yrs state prison; 5-yr minimum
The law: G.L. c. 272, §§ 4B, 7, 8; G.L. c. 265, § 50
What the Commonwealth Must Prove
Under District Court Instruction 7.140, as revised after Brown, the Commonwealth must prove beyond a reasonable doubt that:
- a particular person engaged in prostitution, meaning sexual activity for hire;
- you knew that person was a prostitute and intended to profit from that person’s prostitution; and
- you shared in some way in the earnings or proceeds of that prostitution.
The intent-to-profit element protects people whose connection to the money is innocent, such as someone who is simply paid back a debt or shares ordinary living costs without any intent to profit from the prostitution.
Penalties
- Sentence: 5 years in state prison and a $5,000 fine.
- Mandatory minimum: the prison sentence cannot be reduced below 2 years or suspended.
- No early release: no probation, parole, furlough, or good-conduct deductions until 2 years have been served.
- No CWOF or filing: the case cannot be continued without a finding or placed on file.
Defenses
- No prostitution proved: the Commonwealth must prove a specific person engaged in sexual activity for hire.
- No knowledge: you did not know the person was engaged in prostitution.
- No intent to profit: the money was for something else, such as rent, a loan repayment, or shared household costs.
- No share in the earnings: you received nothing that came from prostitution.
- Unlawful search or surveillance: evidence from an illegal search, phone search, or recording may be suppressed.
Why a Lawyer Matters
A § 7 charge takes ordinary options off the table: no continuance without a finding, no filing, and a 2-year floor if you are convicted. The case usually turns on what you knew and why money changed hands. Attorney William J. Barabino has defended criminal cases for 23 years. Call 781-393-5900.
Related Charges
- Human trafficking (G.L. c. 265, § 50): recruiting, harboring, or causing a person to engage in commercial sex, or benefiting from it, with a 5-year minimum.
- Enticing a child under 16 (G.L. c. 265, § 26C): luring a child to commit certain sex offenses, including prostitution-related crimes.
- Lewd, wanton and lascivious acts (G.L. c. 272, § 53): a public-conduct misdemeanor in the same chapter, with no money element.
Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
