Commonwealth v. Brendan J. Garafalo (and Nine Companion Cases)

Summary

The court held that defendants who responded to advertisements for sexual services from an ostensibly independent adult, selected offered services, accepted the stated price and arrangements, and went to the designated location did not commit or attempt sex trafficking under the statute. The statute's terms concerning enticing, recruiting, and obtaining by any means, read in context and in light of legislative history, do not clearly reach this responsive purchaser conduct, and the rule of lenity therefore applies. The court affirmed dismissal of the sex-trafficking indictments and remanded for proceedings on the remaining sex-for-a-fee charges.