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Juliana
Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience:  Former prosecutor with 4 years of experience, criminal justice degree
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Can I be arrested in my home for prostitution in Md

Customer Question

Can I be arrested in my home for prostitution in Md?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  INFOLAWYER replied 6 years ago.
Hello and thank you for your question. Yes, you can be if the police have probable cause for arrest.
Customer: replied 6 years ago.
Relist: Answer quality.
Expert:  Juliana replied 6 years ago.

Hello,

 

Thanks for using Just Answer. I am a licensed attorney and former prosecutor (4 years). I will be happy to assist you with your question.

 

Yes, you can be arrested for prostitution in your home in the state of Maryland. It is the act of prostitution (or pandering, as it is called in the Maryland Code) that is prohibited, no matter where it occurs. It is still illegal, regardless of whether it occurs indoors or outdoors, in a public place or in a private home.

 

Here are the sections of the Maryland Code that apply to prostitution/pandering. One or both of these statutes could apply in the type of situation you've described in your question:

MD Code § 11-303. Pandering

Prohibited-In general(a) A person may not knowingly:
(1) take or cause another to be taken to any place for prostitution;
(2) place, cause to be placed, or harbor another in any place for prostitution;
(3) persuade or encourage by threat or promise another to be taken to or placed in any place for prostitution;
(4) unlawfully take or detain another with the intent to use force, threat, or persuasion to compel the other to marry the person or a third person or perform a sexual act, sexual contact, or vaginal intercourse; or
(5) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation.

 

The penalty for the above section is as follows:

 

(c) A person who violates this section is guilty of the misdemeanor of pandering and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

 

Here is a link to the above statute on pandering:

 

http://law.justia.com/maryland/codes/gcr/11-303.html

 

MD Code § 11-306. House of prostitution

Prohibited

(a) A person may not knowingly:
(1) engage in prostitution or assignation by any means;
(2) keep, set up, occupy, maintain, or operate a building, structure, or conveyance for prostitution or assignation;
(3) allow a building, structure, or conveyance owned or under the person's control to be used for prostitution or assignation;
(4) allow or agree to allow a person into a building, structure, or conveyance for prostitution or assignation; or
(5) procure or solicit or offer to procure or solicit 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.

 

And here is a link to the house of prostitution statute:

 

http://law.justia.com/maryland/codes/gcr/11-306.html

 

I hope you find this information helpful.

 

Juliana

 

Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience: Former prosecutor with 4 years of experience, criminal justice degree
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