Massachusetts has its own human trafficking laws, separate from federal law. Trafficking for sexual servitude is charged under G.L. c. 265, § 50, and trafficking for forced services under § 51. Both are state prison felonies with a 5-year mandatory minimum. The Superior Court's model jury instruction on sex trafficking (May 2025) sets out what the Commonwealth must prove beyond a reasonable doubt.
At a Glance: Human Trafficking
5 to 20 years
in state prison, plus a fine of up to $25,000
5-year minimum
no probation, parole, or suspended sentence before 5 years served
Under 18
up to life in state prison, with a 5-year minimum
$1,000,000
maximum fine for a business entity
The law: G.L. c. 265, §§ 49–51; Superior Court Model Jury Instruction, Sex Trafficking (May 2025)
Sex Trafficking (§ 50)
Section 50 applies to anyone who knowingly:
subjects, recruits, entices, harbors, transports, provides, or obtains another person, or tries to, so that the person will engage in commercial sexual activity, a sexually explicit performance, or the production of unlawful pornography; or causes a person to do so; or
benefits, financially or by receiving anything of value, from that conduct.
"Commercial sexual activity" means any sexual act for which anything of value is given, promised, or received by anyone. Section 50 does not require proof of force, fraud, or coercion.
What the Commonwealth Must Prove
Under the Superior Court model instruction, the Commonwealth must prove two things beyond a reasonable doubt:
You committed an act of sex trafficking, or received money or anything of value as a result of an act of sex trafficking.
You did so knowingly.
Forced Services (§ 51)
Section 51 applies to anyone who knowingly subjects another person to forced services, or recruits, entices, harbors, transports, provides, or obtains a person intending or knowing that the person will be subjected to forced services, or who benefits from that conduct. Under § 49, services are "forced" when they are obtained or kept by someone who:
causes or threatens serious harm to any person;
physically restrains or threatens to restrain someone;
abuses or threatens to abuse the law or legal process;
destroys, hides, takes, or holds a person's passport, immigration document, or other government ID;
commits extortion; or
causes or threatens financial harm to any person.
Penalties
Sex trafficking or forced services, adult victim: 5 to 20 years in state prison and a fine of up to $25,000.
Victim under 18: life or any term of years in state prison, but not less than 5 years.
Business entity: a fine of up to $1,000,000.
The 5-year minimum is mandatory. The sentence cannot be suspended, and there is no probation, parole, work release, furlough, or good-conduct deduction until 5 years have been served. These cases cannot be continued without a finding or placed on file. Victims can also bring a civil lawsuit, and a business that knowingly aids trafficking can be held civilly liable.
Defenses
No knowledge: you did not know the activity was commercial sexual activity or forced services.
No qualifying act: what you did was not one of the acts the statute lists.
No benefit: you received nothing of value from the trafficking.
No forced services: under § 51, the work was not obtained by any of the means § 49 lists.
Credibility and identification: these cases often rest on witness accounts, phone records, and online ads that can be challenged.
Why Some Businesses Face Extra Scrutiny
Massage businesses come up often in trafficking investigations. Massachusetts licensing law helps explain why some storefronts draw more attention than others.
Licensed massage therapy: No one may practice massage or hold themselves out as a massage therapist in Massachusetts without a license from the Board of Registration of Massage Therapy (G.L. c. 112, § 228). Under § 229, an applicant must be at least 18, have a high school diploma or equivalent, complete at least 500 classroom hours at a licensed massage school, be of good moral character, carry professional liability coverage, and have no conviction for a sexually related crime or a crime of moral turpitude in the previous 10 years. Licenses must be displayed at the place of business (§ 234), and the board inspects and investigates complaints (§ 232).
Advertising: Only licensed persons may use the word "massage" in advertising, and it is a violation to advertise as a massage therapist or massage establishment unless someone employed there holds a license, or to combine massage advertising with escort or dating services (§ 235).
Foot massage and reflexology: The statute defines massage broadly, as the systematic treatment of the body's soft tissues by pressure, friction, stroking, kneading, and similar techniques. A "foot massage" business is not automatically exempt. Section 228(b) does allow practices that work with the body's energy system, acupoints, or Qi meridians, within a profession that has established standards and ethics, as long as the service is not called or implied to be massage. Some reflexology businesses operate under that provision, outside the state massage licensing and inspection system.
That difference in oversight is why unlicensed or lightly regulated storefronts can draw extra attention during trafficking investigations. Operating a lawful reflexology or bodywork business is not a crime. A licensing violation is not trafficking. Trafficking requires proof that someone knowingly recruited, harbored, or obtained a person for commercial sexual activity or forced services, or knowingly benefited from it. A business entity convicted of trafficking faces a fine of up to $1,000,000, and a business that knowingly aids or joins in trafficking can be sued by victims (G.L. c. 265, §§ 50–51).
Why a Lawyer Matters
A trafficking charge carries a mandatory state prison sentence, and these cases are usually built on long investigations, phone and financial records, and cooperating witnesses. I have defended criminal cases for 23 years. If you are under investigation or have been charged with human trafficking, call 781-393-5900.
This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
