Prostitution Laws in Maryland

Maryland's prostitution laws cover a wide range of conduct, prohibiting conduct by prostitutes, patrons, and sex traffickers. Learn how Maryland defines and penalizes prostitution-related offenses and more serious sex trafficking offenses.

Is Prostitution Legal in Maryland?

No. Prostitution and related offenses are not legal in Maryland.

What Is Prostitution?

Maryland law defines prostitution as the performance of any of the following acts "for hire": sexual intercourse, oral or anal sex, or sexual contact for the arousal or gratification of either party. For hire can involve payment of money, but it can also involve payment by anything of value (such as drugs) or as a quid pro quo for some other benefit (such as paying off a debt).

What Is Assignation and Solicitation?

Maryland also prohibits "assignation" and "solicitation." Assignation means to make an appointment or arrangement for prostitution. Solicitation covers seeking out potential customers by a prostitute or their agent or a customer seeking out prostitution services.

What Is Pandering or Sex Trafficking?

The harshest penalties involve sex trafficking offenses (formerly called pandering). Sex trafficking involves a wide range of unlawful acts of persuading or causing someone to act as a prostitute. The harshest penalties apply when the defendant uses force or threats or when the victim is a child.

Maryland's Prostitution Crimes

Maryland, like many states, prohibits and penalizes prostitution offenses committed by those who:

• work as a prostitute
• solicit or hire a prostitute
• procure a prostitute for a customer or business
• maintain a house (or other place) of prostitution
• compel another to work as a prostitute, or
• profit off of another's prostitution earnings.

Below we review these crimes and their penalties.

What Are Maryland's Penalties for Prostitutes and Patrons?

A person who works as a prostitute or seeks the services of a prostitute (patron or customer) commits a misdemeanor. Maintaining a house of prostitution also carries misdemeanor penalties. A conviction can mean up to a year of jail time and a fine of up to $500.

Penalties for Prostitutes

A person who works as a prostitute commits a misdemeanor by doing any of the following:

• engaging in prostitution
• arranging or setting appointments to engage in prostitution (assignation)
• soliciting customers for prostitution, or
• occupying a building, structure, or vehicle for these same purposes.

Defense for trafficking victims. Adult victims of sex trafficking and human trafficking can raise duress as a defense to these criminal charges.

Safe harbor for child trafficking victims. Maryland law prohibits prosecuting children for prostitution offenses if they are trafficking victims.

(Md. Code, Cts. & Jud. Proc. § 3-8A-17.13; Crim. Law §§ 1-402, 11-303, 11-306 (2024).)

Penalties for Soliciting Prostitution Services (Patrons)

Patrons or customers who solicit (seek out), offer to pay for, or arrange for prostitution services also commit a misdemeanor, punishable by up to a year of jail time and a $500 fine. The same penalties apply to a customer who occupies a building, structure, or vehicle for prostitution services.

(Md. Code, Crim. Law §§ 11-303, 11-306 (2024).)

Penalties for Maintaining a House (or Vehicle) for Prostitution

It's also a misdemeanor in Maryland to allow or maintain a building, structure, or vehicle to be used for prostitution services. This crime also includes allowing or agreeing to allow a person into a building, structure, or vehicle for such services.

(Md. Code, Crim. Law § 11-307 (2024).)

What Are Maryland's Penalties for Receiving Earnings of a Prostitute?

A person who receives or takes proceeds from the earnings of a prostitute (pimping) also commits a misdemeanor in Maryland. This misdemeanor, though, carries the possibility of up to 10 years of prison time and a $10,000 fine. To be convicted of this offense, the prosecution must show the defendant took the proceeds intending to promote a prostitution offense, profit from a prostitution crime, or conceal how the earnings were made.

(Md. Code, Crim. Law § 11-304 (2024).)

What Are Maryland's Penalties for Sex Trafficking?

A person commits sex trafficking by knowingly causing another to engage in prostitution or commercial sex act. Sex trafficking can be committed by:

• transporting, arranging transportation, or otherwise taking someone to a place for prostitution
• receiving money to procure someone for a house of prostitution
• using force, coercion, fraud, or persuasion to cause someone to engage in prostitution, or
• causing someone to fear serious harm or physical restraint for not engaging in a sexually explicit performance.

Taking, hiding, or destroying government ID or immigration documents to facilitate prostitution or commercial sex acts is also a form of sex trafficking.

Sex trafficking offenses in Maryland carry misdemeanor and felony penalties. Felony penalties apply when the defendant uses or intends to use force, threat, coercion, or fraud. It's also a felony whenever a child is trafficked for prostitution. Felony sex trafficking carries up to 25 years of prison time and a $15,000 fine. All other forms of sex trafficking are misdemeanors, punishable by up to 10 years of incarceration and a $5,000 fine.

(Md. Code, Crim. Law § 3-1102 (2024).)

Talk to a Lawyer

If you've been charged with a prostitution-related offense in Maryland, speak to a local criminal defense attorney. A lawyer can help you understand what's at stake and whether you may have a defense to the charges.