Is Prostitution Illegal in Maryland?

Prostitution is illegal in Maryland. The state treats it as a misdemeanor, but the legal picture is broader than the act itself. Maryland also bans solicitation, running a place for the trade, and sex trafficking. Sex trafficking carries far heavier penalties. If you’re reading this because of a charge, a police visit, or an open investigation, it helps to know what the statutes say and how courts treat each offense.

This post explains how Maryland defines the offense, what conduct is covered, the current penalties, and how a prostitution charge is different from a sex trafficking charge. Nothing here is legal advice for your specific case.

What Maryland Law Says About Prostitution

Maryland defines prostitution in Criminal Law § 11-303. The law defines it as a sexual act, sexual contact, or vaginal intercourse for hire. That covers the exchange itself. The same section also defines “assignation,” which means setting up an appointment or engagement for the act. Both terms matter because the statute uses them throughout.

The actual prohibited conduct sits in Criminal Law § 11-303. Under that section, a person may not knowingly engage in the trade or assignation. A person also may not knowingly occupy a building, structure, or vehicle for the same purpose. In plain terms, both the seller and the buyer can be charged. So can someone who uses a hotel room, home, or vehicle for the act.

Penalties for a Conviction

Prostitution under § 11-303 is a misdemeanor. A conviction can bring up to one year in jail, a fine of up to $500, or both. That penalty applies to first offenses and most adult cases.

A conviction also creates a public criminal record. That record can affect job applications, professional licensing, and immigration status. Maryland does allow expungement for many of these misdemeanors once the case is resolved and the waiting period is met. If you’ve already been convicted, it’s worth asking an attorney about expungement options.

Solicitation and Running a Place for Prostitution

Section 11-303 also covers the acts most people think of as “soliciting” or “running a brothel.” That includes:

• Knowingly engaging in the offense or assignation
• Occupying a building, structure, or vehicle for these purposes
• The buyer’s side of the transaction, often charged as solicitation

The penalty range is the same as the underlying act. Up to one year, and up to $500. Even so, multiple counts can stack. Prosecutors sometimes add other charges, such as drug or weapons offenses, based on what officers find at the scene.

Sex Trafficking Is a Separate, More Serious Offense

People often confuse the two crimes. Maryland treats them very differently. Sex trafficking sits in a separate part of the code, Criminal Law § 3-1102, under Title 3, Subtitle 11. That section makes it illegal to knowingly take, harbor, persuade, or transport another person for prostitution.

The penalty depends on the facts:

• Sex trafficking involving an adult victim, without force, threat, coercion, or fraud, is a misdemeanor. A conviction can bring up to 10 years in prison and a fine of up to $5,000.
• It is a felony when the victim is a minor, or when the accused used or intended to use force, threat, coercion, or fraud. A felony conviction can bring up to 25 years in prison and a fine of up to $15,000.

Anyone who knowingly benefits from a trafficking venture, or who aids, abets, or conspires with someone who commits the offense, faces the same penalty as the main offender. Under § 3-1102(f), it is also not a defense to claim the accused did not know the victim was under 18.

These cases are prosecuted aggressively. State and federal investigators often work together. A state charge can lead to a parallel federal investigation. That added exposure is one reason these cases need experienced criminal defense representation from day one.

How a Charge Usually Starts

Most cases in this area begin in one of three ways. The first is an undercover sting, where officers pose as buyers or sellers and record the exchange. The second is a hotel or motel investigation, often based on tips or staff reports. The third is a traffic stop where officers find evidence of solicitation during the encounter.

Trafficking cases tend to start differently. They often begin with a victim coming forward, a tip line report, or a joint investigation. Local police, state agencies, and federal partners such as Homeland Security Investigations may all be involved. Phones, ride-share records, and online ads are common sources of evidence.

How a case begins matters. It shapes the defenses available. The legality of the search, the reliability of the recording, witness credibility, and proof of “knowing” conduct can all change the outcome.

Why Early Legal Help Matters

A misdemeanor charge here looks minor on paper. The maximum sentence is a year. The fine is small. But the lasting harm comes from the public record, the effect on work and family, and the risk that prosecutors add or escalate charges. A trafficking allegation is on a different level. It carries felony exposure and registration consequences that can follow a person for life.

An attorney can review the evidence, challenge what doesn’t hold up, and negotiate where it makes sense. For background on the broader expungement process for related convictions, see our FAQs about criminal record expungement in Maryland. If charges have already been filed, the earlier that work starts, the more options usually remain.

Talk With a Maryland Criminal Defense Attorney

If you’ve been charged with prostitution, solicitation, or sex trafficking anywhere in Maryland, including the Waldorf and Southern Maryland area, the Law Office of Robert Castro can help. Our team has handled criminal cases across the state since 1993. Call (301) 870-1200 or contact our office to speak with a Maryland criminal defense attorney about your case.

Frequently Asked Questions

Is prostitution a felony in Maryland?

No. Prostitution under Criminal Law § 11-303 is a misdemeanor. A conviction can bring up to one year in jail and a fine of up to $500. Sex trafficking is the separate, more serious offense and can be charged as a felony in some cases.

Can the buyer be charged in Maryland?

Yes. The Maryland statute applies to both the seller and the buyer. A person who solicits, procures, or offers to procure another for the act can be charged under the same misdemeanor section as the act itself.

Can a prostitution charge be expunged in Maryland?

In many cases, yes. Maryland law allows expungement for many of these misdemeanors once the case is resolved and the statutory waiting period has passed. An attorney can review your record and confirm if your conviction qualifies.

What’s the difference between prostitution and sex trafficking in Maryland?

The first is the exchange of a sexual act for money or value, charged as a misdemeanor under § 11-303. Sex trafficking, found at § 3-1102, involves taking, harboring, or persuading another person for that purpose. It can be a misdemeanor with adult victims, or a felony when a minor is involved or force, threat, coercion, or fraud is used.

What should I do if I’ve been charged?

Don’t talk with police about the case until you’ve spoken with a lawyer. Anything you say can be used against you. Save any messages, receipts, or records that may be relevant. Then contact a Maryland criminal defense attorney as soon as you can, so your defense can begin before the next court date.