Enticing Away Person for Prostitution or Sexual Intercourse

Enticing a person away for prostitution or sexual intercourse is a criminal offense under Massachusetts General Laws Chapter 272 Section 2.

To be convicted of this offense, the prosecutor must prove beyond a reasonable doubt that the defendant either acted in the following manner or aided and assisted one or more other persons who acted in the following manner:

1. Fraudulently and deceitfully
2. Enticed or took a person away his parent or guardian’s house or from elsewhere
3. For the purpose of prostitution or unlawful sexual intercourse.

A conviction of enticing a person away for prostitution or sexual intercoursesubjects you to up to one year in jail or a fine of up to $1,000, or both the jail time and fine.

Detaining, or Drugging to Detain, Person in Place of Prostitution

Detaining, or drugging to detain, a person in a place of prostitution is proscribed by Massachusetts General Laws Chapter 272 Section 13.

To be convicted of this offense, the prosecutor must prove the following beyond a reasonable doubt:

1. The defendant unlawfully:
1. Detained a person;
2. Attempted to detain a person;
3. Aided and abetted in the detaining or attempted detaining of a person;
4. Provided or administered any drug or liquor to a person to detain him; or
5. Aided and abetted in providing or administering any drug or liquor to a person to detain him; and
2. That detainment or attempted detainment was for the purpose of holding a person in a place where prostitution is practiced or allowed.

The duration of the unlawful detainment or attempted detainment is immaterial. If you are convicted of this crime, you face imprisonment in the state prison for up to five years or imprisonment in the house of correction for at least one, but up to two and one half years. You could also face a $100 to $500 fine.

Drugging Persons for Sexual Intercourse

Drugging a person for sexual intercourse is prohibited by Massachusetts General Laws Chapter 272 Section 3. To be convicted of this offense, the prosecutor must prove the following two elements beyond a reasonable doubt:

1. The defendant administered a “drug, matter or thing;” and
2. The defendant intended to stupefy or overpower the victim to enable any person to have unlawful sexual intercourse with the victim. However, the prosecutor need not prove sexual relations occurred.

The defendant has to have taken some type of forceful or deceitful action. A defendant does not “administer” a drug within the meaning of this law if he simply shares alcohol or drugs with another person who knows what the substance is and voluntarily takes it. On the other hand, a defendant does “administer” drugs within the meaning of this law if, for example, he slips a date-rape drug into a drink.

If you are convicted of drugging a person for sexual intercourse, you face a minimum10-year state prison sentence. You can be punished by imprisonment for life or any term of years. Attorney Stephen Neyman is an experienced Massachusetts sex crimes defense attorney. If you have been charged with a sex crime, call our office at 617-263-6800 or contact us online today.

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