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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT PROTECTING CHILDREN FROM PERSONS WHO OFFER TO PAY FOR SEXUAL CONTACT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

Chapter 272 of the General Laws is hereby amended by striking out section 53A, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:—

Section 53A. (a) Whoever engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or whoever pays, agrees to pay, or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another natural person, shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500 or by both such imprisonment and fine, whether such sexual conduct occurs or not.

(b) Whoever pays, agrees to pay, or offers to pay any person with the intent to engage in sexual conduct with a child under the age of 14, or whoever is paid, agrees to pay, or agrees that a third person be paid in return for aiding a person who intends to engage in sexual conduct with a child under the age of 14, shall be punished by imprisonment in the state prison for not more than 10 years or in the house of correction for not more than 2 1/2 years, whether such sexual conduct occurs or not.

Approved November 16, 2006.