Mass. Gen. Laws ch. 140, sec. 26 — MA Code / Part I / Title XX / Chapter 140 / Section 26
Permitting immoral conduct; defense; evidence
Status: in_force

Section 26. Whoever, being licensed as a lodging house keeper under sections twenty-two to thirty-one, inclusive, or as an innholder, or, being licensed under sections thirty-two A to thirty-two E, inclusive, or being in actual charge, management or control of such lodging house, inn or premises for which the license is issued, knowingly permits the property under his control to be used for the purpose of immoral solicitation, immoral bargaining or immoral conduct shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than one year, or both. Evidence that a room in a hotel or lodging house or that the premises licensed under sections thirty-two A to thirty-two E, inclusive, were not actually used for immoral conduct shall not prevent a conviction under this section of a person in actual charge, control or management of the hotel, lodging house or premises who permits the occupation of such a room or such premises knowing or having good reason to know that the person occupying such room or premises intends to use either for immoral solicitation, immoral bargaining or immoral conduct. If it is required that registers be kept, as provided in sections twenty-seven and twenty-eight, evidence that the person in actual charge, control or management of the hotel, lodging house or premises has knowingly permitted the occupation of a private room of less than four hundred square feet floor area or of premises, containing a bed or couch, by the same woman on different occasions within a period of thirty days with different men, or by the same man on different occasions within a period of thirty days with different women, shall be prima facie evidence of a violation of this section.

Section 26. Whoever, being licensed as a lodging house keeper under sections twenty-two to thirty-one, inclusive, or as an innholder, or, being licensed under sections thirty-two A to thirty-two E, inclusive, or being in actual charge, management or control of such lodging house, inn or premises for which the license is issued, knowingly permits the property under his control to be used for the purpose of immoral solicitation, immoral bargaining or immoral conduct shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than one year, or both. Evidence that a room in a hotel or lodging house or that the premises licensed under sections thirty-two A to thirty-two E, inclusive, were not actually used for immoral conduct shall not prevent a conviction under this section of a person in actual charge, control or management of the hotel, lodging house or premises who permits the occupation of such a room or such premises knowing or having good reason to know that the person occupying such room or premises intends to use either for immoral solicitation, immoral bargaining or immoral conduct. If it is required that registers be kept, as provided in sections twenty-seven and twenty-eight, evidence that the person in actual charge, control or management of the hotel, lodging house or premises has knowingly permitted the occupation of a private room of less than four hundred square feet floor area or of premises, containing a bed or couch, by the same woman on different occasions within a period of thirty days with different men, or by the same man on different occasions within a period of thirty days with different women, shall be prima facie evidence of a violation of this section.