Is prostitution legal in Maryland? Maryland takes prostitution laws very seriously, enforcing strict penalties for violations. If you’re facing charges related to prostitution and need guidance from an experienced criminal defense attorney, contact The Law Offices of Krum, Gergely, & Oates today for legal assistance.
What is Prostitution Under Maryland Law?
Maryland law clearly defines terms related to prostitution:
- Assignation (Section 11-301(b)): Scheduling a meeting or appointment for prostitution.
- Prostitution (Section 11-301(c)): Engaging in any sexual act, sexual contact, or vaginal intercourse for money or something of value.
- Sexual Act (Section 11-301(d), referencing Section 3-301): Includes acts like anilingus, fellatio, anal intercourse, cunnilingus, or penetration of genitals or anus with an object for sexual gratification, arousal, or abuse. It excludes vaginal intercourse or legitimate medical procedures.
- Sexual Contact (Section 11-301(e), referencing Section 3-301(f)): Intentional touching of genital, anal, or intimate areas (e.g., breasts, buttocks) for sexual arousal, gratification, or abuse. It excludes friendly or familial gestures and medical procedures.
- Sexually Explicit Performance (Section 11-301(f)): A partially nude performance intended to sexually arouse viewers, whether live, recorded, public, or private.
- Solicit (Section 11-301(g)): Encouraging, requesting, or persuading someone to engage in prostitution.
Prostitution and Houses of Prostitution (Section 11-306)
Maryland law outlines five ways to break this section:
- Knowingly participating in prostitution or assignation.
- Operating or maintaining a building, structure, or vehicle (like a bus or trailer) for prostitution or assignment.
- Allowing a property you own or control to be used for prostitution or assignation.
- Letting someone into a property for prostitution or assignation.
- Soliciting or offering to arrange prostitution or assignation.
Penalty: A misdemeanor with up to 1 year in jail and/or a fine of up to $500 (Section 11-306(b)).
Human Trafficking (Section 11-303)
It’s illegal to knowingly:
- Take or send someone to a place for prostitution.
- Place or harbor someone in a location for prostitution.
- Persuade or trick someone into going to a place for prostitution.
- Get paid to procure or place someone for prostitution or assignation.
- Threaten someone into believing they or another person will be harmed unless they perform a sexually explicit act.
- Destroy or hide someone’s passport, immigration papers, or ID while violating this section.
- As a parent or guardian, allow a minor under your care to be taken for prostitution.
Penalty: A misdemeanor with up to 10 years in prison and/or a $5,000 fine (Section 11-303(c)(1)).
Human Trafficking of Minors (Section 11-303(b))
Harsher rules apply when victims are minors:
- It’s illegal to violate any human trafficking law if the victim is under 18.
- It’s also illegal to take or detain a minor with the intent to force them into marriage, a sexual act, sexual contact, or intercourse using coercion, fraud, or threats.
Penalty: A felony with up to 25 years in prison and/or a $15,000 fine (Section 11-303(c)(2)). Anyone profiting from or assisting in these crimes faces the same penalties (Section 11-303(e)).
Receiving Earnings from Prostitution (Section 11-304)
It’s illegal to knowingly take money earned through prostitution if your intent is to:
- Profit from it.
- Promote prostitution.
- Hide the money’s source or ownership.
Penalty: A misdemeanor with up to 10 years in prison and/or a $10,000 fine (Section 11-304(b)).
Abduction of a Child Under 16 (Section 11-305)
For prostitution purposes, it’s illegal to:
- Persuade or entice a child under 16 away from their home or guardian.
- Help with such persuasion or enticement.
- Hide or harbor a child under 16 who was persuaded or enticed.
Penalty: A misdemeanor with up to 10 years in prison and/or a $5,000 fine (Section 11-305(b)).
Facing Charges? Let KGO Law Firm Help
Law enforcement in Maryland regularly targets prostitution-related offenses. A conviction can bring heavy fines, jail time, and social stigma. If you’ve been charged with violating Maryland prostitution laws, don’t wait—reach out to the KGO Law Firm today for skilled legal support tailored to your case.