Constitutional Law

Top Massachusetts court upholds sex-trafficking law

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The highest court in Massachusetts has upheld the state’s sex-trafficking law in an appeal that claimed the defendants were assisting consenting adult prostitutes rather than trafficking.

The Massachusetts Supreme Judicial Court ruled (PDF) on Thursday in its first case considering the 2011 law, finding it to be “sufficiently clear and definite” to withstand a due-process challenge, report Law.com and the Associated Press.

The law criminalized sex-trafficking and defined the crime to include recruiting and enticing others to engage in commercial sexual activity. The defendants, Tyshaun McGhee and Sidney McGee, had argued the law was unconstitutionally vague because it didn’t include an element of force, which is a requirement in the analogous federal statute.

The defendants also argued the law violated their freedom of association rights under the First Amendment.

The defendants were accused of approaching three women, taking their photos for ads on Backpage.com, and driving the women to locations for sex with men who responded to the ads.

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