Mass. Gen. Laws » Part IV Title I Chapter 265
Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 49 (2026)

Definitions applicable to Secs. 49 to 57

✓ current as of July 2026
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Section 49. As used in sections 50 to 51, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Commercial sexual activity'', any sexual act on account of which anything of value is given, promised to or received by any person.

''Financial harm'', a detrimental position in relation to wealth, property or other monetary benefits that occurs as a result of another person's illegal act including, but not limited to, extortion under by section 25, a violation of section 49 of chapter 271 or illegal employment contracts.

''Forced services'', services performed or provided by a person that are obtained or maintained by another person who: (i) causes or threatens to cause serious harm to any person; (ii) physically restrains or threatens to physically restrain another person; (iii) abuses or threatens to abuse the law or legal process; (iv) knowingly destroys, conceals, removes, confiscates or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; (v) engages in extortion under section 25; or (vi) causes or threatens to cause financial harm to any person.

''Services'', acts performed by a person under the supervision of or for the benefit of another including, but not limited to, commercial sexual activity and sexually-explicit performances.

''Sexually-explicit performance'', an unlawful live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2015–2023 · leading case: Commonwealth v. McGhee, 35 N.E.3d 329 (Mass. 2015).
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Commonwealth v. McGhee, 35 N.E.3d 329 (Mass. 2015). · cites it 5× “The portions of the enactment at issue here, pertaining to the *407 trafficking of persons for sexual servitude, were codified at G. L. c. 265, §§ 49, 50. See St. 2011, c.”
Commonwealth v. Martins Maint., Inc. (& Two Companion Cases )., 101 Mass. App. Ct. 186 (Mass. App. Ct. 2022). · cites it 2× “Compare G. L. c. 265, §§ 49, 51, with Clyatt v. United States, 197 U.”
Commonwealth v. Hernandez, 102 N.E.3d 428 (Mass. App. Ct. 2018). “The words of the statute have commonly accepted and readily understood meanings in the English language, and the phrase 'commercial sexual activity' is amply defined in G. L. c. 265, § 49. The statutory language provided fair notice to the defendants that the very conduct in…”
McClain v. Cape Air (D. Mass. 2023). “” Mass. Gen. L. c. 265, § 49. This echoes the language of the federal Trafficking Victims Protection Act (“TVPA”), which the Court discussed in its prior Memorandum and Order.”
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