Defenses to Prostitution Offenses
Several defenses exist to prostitution offenses in the State of Maryland. The law requires that the defendant engage in prostitution “knowingly.” Accordingly, the defendant could argue lack of knowledge that the agreement involved sex for money. While the State often cannot directly prove one’s intent, the law looks to the surrounding circumstances to infer intent. For example, if a recorded conversation clearly and explicitly outlined sex in exchange for money, it would be difficult for a defendant to argue that he or she did not have knowledge or the requisite intent. On the other hand, if the recorded conversation is ambiguous, lack of knowledge could constitute a viable defense. This defense also applies to situations where someone may receive money from the proceeds of prostitution without specifically knowing the money came from prostitution.
Another defense is to argue that no sexual contact occurred or was contemplated. For example, if two adults agreed to exchange money for a massage, that does not constitute prostitution even under Maryland’s broad statute. Again, the law looks to the surrounding circumstances. So, if the conversation made explicit that it was more than a massage, lack of sexual contact would not be a viable defense.
Finally, prostitution does not criminalize generosity whereas one person in a relationship spends money on the other and they happen to have sex as part of their relationship. Some refer to this type of arrangement as “gold digging” or having a “sugar daddy.” Unless the arrangement is specifically sex in exchange for money, it does not constitute prostitution under Maryland law. As an aside, there is always the defense of entrapment. However, entrapment is a notoriously difficult defense to prove.
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