Submitted by Anonymous on Thu, 05/05/2011 - 10:58
I have a couple of questions. First, I was wondering if it's legal for the police to pretend to be a "massage therapist" or other person offering sex for money on craigslist or other place and then arrest the person who answers the ad and goes to a hotel? Or is that entrapment? Also, what is the possible penalty for solicitation for prostitution in Massachusetts? Thanks you.
Entrapment under Massachusetts law
First, it is a common practice for police in Massachusetts to pose as a person offering sex for a fee and then arrest the person responding to the offer after reaching an agreement for some type of sex act for a fee. If done properly, that is not entrapment under MA law. Entrapment occurs when a person who had NO previous intention to violate the law is persuaded to commit a crime by an officer of the government. Entrapment comes into play only when a police officer implants the idea of committing a crime in an innocent mind. So, I suppose, if the person in your hypothetical was actually looking for a massage and the police officer talked him into doing something else, then, perhaps, the defendant would have a good entrapment defense. However, a person who goes to the hotel looking for sex has not been entrapped.
Under Massachusetts General Laws Chapter 272, Section 8, any person convicted of soliciting a prostitute may face imprisonment in the house of corrections for up to one year and/or a fine of up to five hundred dollars. If you are facing such a charge, please consider contacting a qualified Massachusetts criminal defense lawyer.