Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 53A (2026)

Engaging in sexual conduct for a fee; engaging in sexual conduct with child under age 18 for a fee; penalties

✓ current as of July 2026

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Section 53A. (a) Whoever engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500, or by both such imprisonment and fine, whether such sexual conduct occurs or not.

(b) Whoever pays, agrees to pay or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another person, shall be punished by imprisonment in the house of correction for not more than 2 and one-half years or by a fine of not less than $1,000 and not more than $5,000, or by both such imprisonment and fine, whether such sexual conduct occurs or not.

(c) Whoever pays, agrees to pay or offers to pay any person with the intent to engage in sexual conduct with a child under the age of 18, or whoever is paid, agrees to pay or agrees that a third person be paid in return for aiding a person who intends to engage in sexual conduct with a child under the age of 18, shall be punished by imprisonment in the state prison for not more than 10 years, or in the house of correction for not more than 2 and one-half years and by a fine of not less than $3,000 and not more than $10,000, or by both such imprisonment and fine, whether such sexual conduct occurs or not; provided, however, that a prosecution commenced under this section shall not be continued without a finding or placed on file.

Notes of Decisions

Cited in 24 cases (6 in the last 5 years), 1986–2026 · leading case: Commonwealth v. Van Bell, 917 N.E.2d 740 (Mass. 2009).

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Commonwealth v. Van Bell, 917 N.E.2d 740 (Mass. 2009). · cites it 6× “The defendant was convicted by a jury of offering to engage in sexual conduct for a fee (solicitation), G. L. c. 272, § 53A, and attempted rape of a child, G.”

Commonwealth v. Vann Bell, 853 N.E.2d 563 (Mass. App. Ct. 2006). · cites it 4× “274, § 6, and G. L. c. 272, § 53A, respectively. The defendant moved to dismiss the charges, claiming there was insufficient evidence presented to the grand jury.”

Scione v. Commonwealth Commonwealth v. Barnes, 114 N.E.3d 74 (Mass. 2019). · cites it 2× “265, § 13L (reckless endangerment of child); and G. L. c. 272, § 53A (sexual conduct for fee).”

Commonwealth v. Lavigne, 676 N.E.2d 1170 (Mass. App. Ct. 1997). · cites it 2× “459, § 2, and “offer[ing] to pay another person to engage in sexual conduct,” contrary to G. L. c. 272, § 53A, as inserted by St. 1983, c.”

Commonwealth v. Bibby, 624 N.E.2d 624 (Mass. App. Ct. 1993). · cites it 4× “*939 On the basis of the evidence, it was possible for the jury of six, before whom the case was tried in a District Court, 1 to find that the defendant on January 19, 1990, had engaged in sexual conduct for a fee, in violation of G. L. c. 272, § 53A. 2 Specifically, the…”

Commonwealth v. Brown, 112 N.E.3d 264 (Mass. 2018). · cites it 2× “Patronizing a prostitute is punishable by a $5,000 maximum fine or a maximum sentence of two and one-half years, G. L. c. 272, § 53A ( b ), while engaging in prostitution is punishable by a $500 maximum fine or a one-year maximum sentence, G.”

Commonwealth v. Vick, 90 Mass. App. Ct. 622 (Mass. App. Ct. 2016). “Cazeau, intending to arrest one or both of the individuals for engaging in sexual conduct for a fee, see G. L. c. 272, § 53A, indecent exposure, see G.”

Costa v. Fall River Hous. Auth., 903 N.E.2d 1098 (Mass. 2009). “After Gale Costa was arrested and charged with engaging in sexual conduct for a fee, G. L. c. 272, § 53A, and keeping a house of ill fame, G.”

Commonwealth v. Shindell, 827 N.E.2d 236 (Mass. App. Ct. 2005). “G. L. c. 272, § 53A. That plea is not at issue in the present appeal.”

Costa v. Fall River Hous. Auth., 881 N.E.2d 800 (Mass. App. Ct. 2008). “The arrest of Costa occurred on the evening of June 24, 2004, on charges of engaging in sexual conduct for a fee under G. L. c. 272, § 53A, and of keeping a house of ill fame under G.”

Commonwealth v. Matos, 941 N.E.2d 645 (Mass. App. Ct. 2011). “Engaging in sexual conduct for a fee in violation of G. L. c. 272, § 53A, is punishable by one year in the house of correction.”

Commonwealth v. O'Keefe, 723 N.E.2d 1000 (Mass. App. Ct. 2000). “A complaint filed in the District Court charged the defendant with offering to engage in sexual conduct for a fee, G. L. c. 272, § 53A, and disseminating matter harmful to a minor, G.”

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