Full question:
I have been thinking of opening a swinger party business. I have been looking at other peoples' swinger parties. While looking I found one that was interesting. The owner said that he hired attractive females the ATTEND his parties (and only that). He said whether they had sexual relations or who they had sexual relations with was there choice. He charges all the customers attending the party a flat rate door fee, and that's all he charges them. This fee covers amenities, food, place of event etc. A percentage of the fee is also used to pay the attending ladies. He said he does not encourage or tolerate solicitation for or of prostitution at his parties. Is this operation legal? If I were to adopt this model, could I also rent out beds for a specified time period to the customers and use a portion of the rental fee as part of the payment to the hired ladies. As long as there are no acts of solicitation, are the owner, hire females, and customers safe from prosecution under the pimping, pandering, prostitution laws?
- Category: Criminal
- Date:
- State: Massachusetts
Answer:
In Massachusetts, prosecution can occur based on knowledge of sexual acts occurring where compensation is exchanged. A person may be prosecuted even if no sexual act actually occurs. One statute states that if a place is known to be used for sexual acts for money, the owner can be held liable (G.L.c. 272, § 6).
The law specifies that if you, as the owner, knowingly allow individuals to gather for the purpose of engaging in sexual intercourse for financial gain, you could face serious penalties, including imprisonment and fines.
Additionally, if you hire individuals to attend your parties and they engage in sexual acts, you could be seen as profiting from prostitution, which is also illegal (G.L.c. 272, § 7). This extends to sharing in the earnings of those engaging in prostitution.
Even if there is no solicitation, the nature of the business could lead to legal issues under Massachusetts law. Renting out beds and using that income to pay hired attendees could further complicate your legal standing.
It’s advisable to consult with a legal professional to navigate these laws and ensure compliance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.