No, unless something more is involved. There have been no reported cases of criminal prosecutions related to prostitution for the owner or subscriber to an Onlyfans account.

In Maryland, basically, the crime of prostitution is the exchange of money for sexual acts. To date, that has meant physical, real-time sexual acts, not ones that might occur remotely across the internet. Prostitution is made a crime under Maryland Criminal Code, §11-303, and section 11-301 defines “prostitution” to mean “the performance of a sexual act, sexual contact, or vaginal intercourse for hire.” A person convicted of prostitution is deemed guilty of a misdemeanor and is subject to imprisonment not exceeding one year or a fine not exceeding $500 or both. Under related Code provisions, the term “sexual act” includes a broad list of acts, including oral, vaginal, and anal acts by themselves and any other acts which could, in any way, be deemed to be or cause sexual gratification or arousal. Note that, under Maryland laws, the definition of “sexual act” does not require any form of nudity.

What about OnlyFans?

Generally speaking, operating or visiting an OnlyFans account will not satisfy this definition of prostitution in Maryland. As described in this Newsweek article, OnlyFans is an internet platform where “content creators” can earn money through various methods like subscriptions and direct payments. The content is “paywalled” so that only subscribers can view the content (which can be videos, podcasts, and photos). While any type of content can be shared on OnlyFans, most content is of a sexual nature. As noted in the Newsweek article, in 2021, OnlyFans changed its Terms of Service to prohibit displays of sexually explicit acts. However, that can still be exchanged between content creators and subscribers through private messaging.

So, even though OnlyFans involves payment and viewing or exchange of sexually explicit images (mostly), such is not prostitution under Maryland laws as currently enforced.

What about the crime of solicitation?

Maryland Criminal Code §11-303 also criminalizes solicitation for the purposes of prostitution. In simple terms, solicitation is some form of asking for or arranging sex for hire. Maryland’s criminal code used the very old-fashioned word “assignation” for the more commonly used word of “solicitation.” Assignation is defined as “… the making of an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement.”

Again, under normal circumstances, operating or visiting an OnlyFans account cannot be deemed an “assignation” under Maryland laws without something more.

Generally speaking, “something more” would involve communication between the content provider and the subscriber that suggests or encourages in-person sexual acts in exchange for money. As an aside, “money” is also broadly defined and could include anything that could be exchanged for money or anything else of value. The communications could be within the OnlyFans account page, through private messaging, through real-time video messaging, through emails, or even via phone calls. Such might amount to the crime of assignation/solicitation even if money does not change hands and even if no sexual acts take place.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.