G.L. c. 272 § 53A

• Commonly referred to as prostitution, a person is guilty of prostitution if the Commonwealth can prove two elements, beyond a reasonable doubt:
  • (1) That the defendant either engaged, or agreed to engage, or offered to engage, in sexual conduct with another person; and
  • (2) That the sexual conduct was or was to be done in return for a fee
• Practice Notes
  • In order to be found in exchange for a fee, the transaction must have been of a commercial nature
  • The defendant is charged with having procured sexual conduct of another person if the Commonwealth can prove two elements, beyond a reasonable doubt:
    • (1) That the defendant paid, agreed to pay, or offered to pay another person; and
    • (2) That the payment was in exchange for that person’s engaging in sexual conduct, or for that person’s agreeing to engage in sexual conduct with the defendant or another person