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Maryland PROSTITUTION LAWS

Maryland Prostitution Laws | Criminal Law

Definitions – § 11-301.

(a)    In this subtitle the following words have the meanings indicated.

(b)    “Assignation” means the making of an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement.

(c)    “Prostitution” means the performance of a sexual act, sexual contact, or vaginal intercourse for hire.

(d)    “Sexual act” has the meaning stated in § 3–301 of this article.

(e)    “Sexual contact” has the meaning stated in § 3–301 of this article.

(f)    “Sexually explicit performance” means a public or private, live, photographed, recorded, or videotaped act or show in which the performer is wholly or partially nude, and which is intended to sexually arouse or appeal to the prurient interest of patrons or viewers.

(g)    “Solicit” means urging, advising, inducing, encouraging, requesting, or commanding another.

(h)    “Vaginal intercourse” has the meaning stated in § 3–301 of this article.

Effects of Subtitle on Other Laws – §11–302.

A person charged with a crime under this subtitle may also be prosecuted and sentenced for violating any other applicable law.

Pandering – §11–303.

(a)    A person may not knowingly:

(1)    Engage in prostitution or assignation by any means; or

(2)    Occupy a building, structure, or conveyance for prostitution or assignation.

(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

 (c)    (1)    Subject to paragraph (2) of this subsection, in a prosecution under this section, it is an affirmative defense of duress if the defendant committed the act as a result of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the prohibition against human trafficking under federal law.

(2)    A defendant may not assert the affirmative defense provided in paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the defendant’s intention to assert the defense at least 10 days prior to trial.

Receiving Earnings of Prostitute – §11–304.

(a)    A person may not receive or acquire money or proceeds from the earnings of a person engaged in prostitution with the intent to:

(1)    Promote a crime under this subtitle;

(2)    Profit from a crime under this subtitle; or

(3)    Conceal or disguise the nature, location, source, ownership, or control of money or proceeds of a crime under this subtitle.

(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(c)    A person who violates this section is subject to § 5-106(b) of the Courts Article.

Criminalization of Benefiting from Prostitution – §11–305.

(a)    For the purpose of committing a crime under Title 3, Subtitle 3 of this article, a person may not:

(1)    Persuade or entice or aid in the persuasion or enticement of an individual under the age of 16 years from the individual’s home or from the custody of the individual’s parent or guardian; and

(2)    Knowingly secrete or harbor or aid in the secreting or harboring of the individual who has been persuaded or enticed in the manner described in item (1) of this subsection.

(b)    A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $5,000 or both.

(c)    It is not a defense to prosecution under this section that the person did not know the age of the victim.

House of Prostitution – §11–306.

(a)    A person may not knowingly procure or solicit or offer to procure or solicit prostitution or assignation.

(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

(c)    (1)    Subject to paragraph (2) of this subsection, in a prosecution under this section, it is an affirmative defense of duress if the defendant committed the act as a result of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the prohibition against human trafficking under federal law.

(2)    A defendant may not assert the affirmative defense provided in paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the defendant’s intention to assert the defense at least 10 days prior to trial.

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