Current Minnesota Laws Regarding Prostitution
While the usage of sex to make money has existed since the Roman Empire, modern era Minnesota law prohibits the profiting from prostitution. This is not limited to directly engaging in sexual activity for profit. There are other unlawful activities related to prostitution and sex work that are also illegal in Minnesota.
The State of Minnesota does not specifically regulate prostitution in the penal code. Unlike other criminal acts, Minnesota generally criminalizes solicitation and profiting from prostitution, but not the act itself. There are other punishable acts that deal with prostitution in the Minnesota Statutes under Chapter 609, including:
Minnesota Statute 609.324 outlines the penalties for the aiding and abetting of prostitution. In particular, 609.324, Subdivision 1 prohibits the acts of offering, agreeing to or soliciting another person for prostitution, providing another person with a place or with services in connection with prostitution.
There are various related prostitution laws that are more serious than those listed above. In some cases, a jury is authorized to impose a criminal penalty beyond the standard sentence for a crime if recommended by the prosecution.
In Minnesota, prostitution is defined as engaging in sexual activity in exchange for money or anything of value . Most often, when people think of prostitution, they think of someone hoeing a previous sex act for profit. However, prostitution can also be "offered" or "engaged in" for free or without the expectation of profit. As a result, someone can give someone else free sex with the expectation that the favor will be returned in the future. The transaction can occur days, weeks, months or even years later.
If you are charged with offering, soliciting, providing or agreeing to engage in prostitution, you are committing a crime. In Minnesota, prostitution falls under the category of exploitation. The laws surrounding prostitution in Minnesota are enforced in an effort to prevent sexual exploitation, trafficking and to deter the criminals from profiting from the pain of others.
Under Minnesota Statute 609.304, it is unlawful to maintain or engage in sex for hire. Minnesota Statute 609.10, Subdivision 1 specifies prostitution of a minor as a crime of the first degree punishable by up to 20 years in prison and a $35,000 fine.
Minnesota State law sets penalties for prostitution and solicitation at two levels depending on whether it involves a minor. The laws specifically prohibit "soliciting, accepting, or engaging in prostitution" with one who is under the age of 18.
Prostitution Crime and Punishments
Minnesota Statute 609.324 pertains to prostitution offenses:
Subd. 1. Solicitation; secondary participant. Whoever engages in sexual conduct with another person in return for a fee or other consideration is guilty of prostitution and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
Subd. 2a. Solicitation; primary participant. Whoever engages in sexual conduct with another person in return for a fee or other consideration is guilty of prostitution and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $20,000, or both.
Subd. 2b. Sexual conduct. For purposes of this section, "sexual conduct" has the meaning given it in section 609.3241, subdivision 4a.
A prostitution charge can be brought against either the "john" or the sex worker. As seen in the statute, the potential consequences of seeking or providing a sexual service for consideration are significant. Depending on the amount and type of consideration, either a misdemeanor or a felony offense may result.
The type of traffic stop may affect the severity of the charge issued against you. For example, if police search the car, the establishment or the house, they may find any number of items such as money, drugs or related paraphernalia. These items may increase the severity of the charges brought against you.
History And Tradition Of Prostitution Law
In Minnesota, the prohibition of prostitution is relatively recent. The 1978 Minnesota Criminal Code consolidated statutes previously scattered throughout the state’s criminal law, making prostitution a separate offense for the first time. In the process, lawmakers amended the meaning of the word "prostitution" after decades of strict adherence to the term as understood in the common law.
The 1978 Code defined "prostitution" as "engaging in sexual penetration or sexual contact (1) for a fee, or (2) in a public place under circumstances which manifest an intent that the act may be viewed by others." As a result, the term encompasses common acts of solicitation, but also describes what would traditionally be understood as tougher-to-define offenses of indecent act or exposure. Minnesota has since further amended the Code to include the term "engaging in prostitution," defined as "to engage in a sexual act with another person or engage a person to engage in a sexual act in return for a fee." The definition of "fee" includes money or any other benefit of value in the current Code.
Our 1978 amendment to the provisions regulating prostitution was hardly the first direct involvement by the State of Minnesota in controlling prostitution. Minnesota has addressed prostitution laws prior to the consolidation of Minnesota statutes in 1978. For example, in the early 1980s, the legislature addressed the "problem" of so-called "street prostitution" and established offenses of "disorderly house" and "disorderly conduct," which are still on the books today. These offenses generally targeted prostitution-related disorderly conduct occurring at certain disorderly houses, including "houses of ill fame, bawdyhouses, assignation houses, or procuresses’ houses."
By far the area where Minnesota has had the most impact surrounding prostitution-related offenses is in the realm of sex offender registration and classification. Originally enacted in 1997, the Minnesota Sex Offender Registration Act has been amended 12 times since its enactment. Perhaps of greatest constitutional significance, the Minnesota Supreme Court ruled in 2011 that certain provisions of the Act, most notably § 243.166, subd. 4(a), are unconstitutional "punishment" of an ex-offender because they impose upon those with a sexual offense conviction restraints and disabilities that are substantially and fundamentally different from other civil disabilities sanctioned by the criminal law.
Enacted in 1986, the Predatory Offender Registration Act was originally designed to operate as a temporary measure, expiring on August 1, 1987. It provided for the registration of individuals convicted of sexual offenses; the law made it a gross misdemeanor to fail to register or to provide false registration information. In 1993, the Act was amended to address the perceived inadequacies of the original law after representatives of law enforcement, prosecutors, the judicial system, and the legislature recognized that a greater pool of offenders should be included in the Act. Today, the statute provides that, upon conviction of an offense requiring registration, an individual must provide their name, address, and description, as well as give notice each time they change their residence and to register annually with the appropriate law enforcement authority. The Act also specifies that covered offenders cannot live or work in close proximity to schools, daycares, youth centers, and parks. It further requires law enforcement authorities to notify persons living in the local community of the presence of a registered sex offender. In 1997, the legislature revised the Act to create the initial classifications of Predatory Offenders. It divided the classifications into three tiers based on the severity of the crime, which corresponded with risk of re-offending. However, these classifications have been amended several times over the years, most recently in 2012, when the legislature voted to reclassify offenders and increased the breadth of the original Act. Minnesota Statute § 243.166.
Legal Comparisons Between Minnesota And Other States
This is not to say that the legality of prostitution in Minnesota is unique. Minnesota is one of many states formally supporting the continued criminalization of commercial sexual acts despite a growing number of jurisdictions legalizing certain types of transactional sex.
For example, in South Carolina, prostitution remains illegal at all levels, including engagement in sexual acts in exchange for money or other benefits in private. However, a 2017 decriminalization effort is being tested in Charleston, where there is a push for police to focus on prosecuting those who buy and sell sex through online platforms, as opposed to those who may be breaking the law by engaging in sex work in a public space.
Delaware similarly has not legalized prostitution at any level, though lawmakers in 2017 did revise certain laws regarding prostitution crimes in an effort to eliminate some of the stigma associated with sex work.
Surrounded by Minnesota, its neighbors have taken similar approaches as well. In Wisconsin, prostitution remains illegal in all forms. In South Dakota, soliciting for prostitution, making available any place for prostitution and promoting prostitution are all illegal. Iowa also continues to prohibit sex work in all forms.
A notable exception is Missouri, which in 2009 introduced a bill that would have decriminalized prostitution and regulated brothels. Though this bill was ultimately rejected by lawmakers, it did provide a framework for providing sex workers with legal protections. Language similar to that in the Missouri bill has recently emerged in local legislation in cities across the country.
While decriminalization efforts are picking up steam in select localities across the U.S., overall, prostitution in Minnesota remains illegal.
Effects Of Prostitution Statewide
The impact of the prostitution statutes goes beyond the individuals arrested, cited, charged and convicted. Some individuals, despite significant time in treatment, will continue to engage in prostitution to obtain drugs. This results in a continued need for enforcement efforts by law enforcement and a continued allocation of significant resources of the court system to address the offenses. Repeated arrests often result in an individual being placed on probation, and convictions for prostitution do not involve jail time. With frequent arrests and probable probation violations, offenders often serve minimal jail time for their conduct.
Enforcement of prostitution affects individuals but it also results in increased costs for the city, such as integrating services to address offenders’ health issues. For individuals charged and convicted, there is significant stigma involved with a conviction of prostitution. Many offenders find it difficult to seek help because service providers discriminate against them on the basis of their criminal charges or convictions.
Prostitution laws and enforcement affect public safety . Sex offenders have a high rate of recidivism; that is, they will re-offend a second time. The solutions for some individuals who offend sexually may include removal of them from the street and access to treatment, job referrals, counseling resources and case management. Other sex offenders cannot be rehabilitated or treated and will go back into prostitution and continue to endanger citizens. There are several felony sex offenders under supervision by the Minnesota Department of Probation and Parole that are registered in Minnesota, whose addresses indicate that they may be soliciting prostitution in Minneapolis.
Moreover, prostitution laws and enforcement affect citizens directly. Enforcement measures result in more arrests, send more people to jail and result in diversion programs, job training, mental health treatment, chemical dependency treatment and other services that the offenders may or may not follow through with after a short time. There are only so many resources available and they are limited. Displacement of prostitution is also an issue, as when prostitution is pushed out of an area via enforcement, the conduct simply moves to a new area.
Controversy And Potential Revisions
In recent years, there have been a number of proposals in Minnesota’s Legislature aimed at addressing the issue of prostitution from various angles, particularly with respect to sex trafficking of minors.
In 2014, the Minnesota Legislature unanimously endorsed an ethics policy written by the Women’s Foundation of Minnesota calling for an end to prostitution and sex trafficking as a recognized social injustice and inequity. In response, St. Paul Mayor Chris Coleman introduced a proposal to establish a task force to study the sex trafficking of minors in cities and make recommendations regarding education, prevention, prosecution, law enforcement, and the ability to provide services to victims.
In November 2014, the task force issued its report, recommending an advertising registry for agencies that procure paid sex with minors, reallocation of state funds towards the prevention of sex trafficking, and the establishment of a "one-stop" request for assistance and law enforcement reporting center. NYAB linked to its latest report outlining these recommendations.
Governor Mark Dayton included funding for several of these recommendations in his budget proposal for the 2015-2016 biennium. Additionally, the Governor proposes criminalizing the use of a computer or other electronic means to commit a crime that requires a registrant to register due to sexual conduct. NYAB is opposed to this proposal, as it would require registrants to go through the public registration process for a crime that did not involve a minor, but only occurred online or via text.
Minneapolis and St. Paul have been more active than most areas in addressing the issues of traffic-offending of minors and sex trafficking. In August 2015, after law enforcement saw increased rates of minor prostitution in Minneapolis, the Department of Public Safety formed the "No Wrong Door Coalition." The coalition focuses on prevention and intervention strategies for minor victims of sex trafficking through a coordinated response by several city and county departments, non-profits, medical providers, and schools.
The reported annual number of youth arrested for prostitution varies across the state, with Rochester seeing the smallest amount of traffic and Minneapolis the most. In recent years, however, arrests of new minors for prostitution offenses in the Twin Cities outpace the arrest rate of repeat minors, suggesting that the pool of repeat offenders may be decreasing. This is consistent with reports from Minneapolis police (backed by focus groups and victim services specialists) that the average lifespan of a sex trafficking victim in the city is 3-5 years.
Despite the decrease in traffic-offending of minors, juvenile prostitution arrests and prosecutions in Minnesota continue to be a matter of concern. In August 2015, NPR reported that in Minneapolis, arrests of youth for prostitution offenses have fallen to almost zero, partly because of coordinating efforts by law enforcement, the state, and non-profits to identify and get services to minor victims. However, in Ramsey County, juvenile prostitution cases have increased from 61 to over 100 per year in the past 10 years.
Reports of sex trafficking and prostitution of minors in casinos have garnered national media attention, and in October 2015, Minnesota U.S. Senator Al Franken proposed to establish a working group tasked with developing and publishing an actionable plan to address the issue. While the proposal focuses on the Minnesota Department of Justice’s jurisdiction over Native American casinos, NYAB supports efforts to eliminate sex trafficking within our borders.
Seeking Help Through The Legal System
Facing charges of prostitution in Minnesota can be overwhelming and frightening. Fortunately, there are a number of resources available for individuals in need of legal assistance in Minnesota. One of the best places to start is the Minnesota Judicial Branch’s self-help center, which provides valuable information related to criminal court processes and procedures. Additionally, the Minnesota Association of Criminal Defense Lawyers (MACDL) is a strong statewide network of experienced criminal defense lawyers . Lawyers in MACDL have the knowledge and experience you need to defend yourself from prostitution charges. The American Civil Liberties Union (ACLU) of Minnesota also manages a satellite office in Minneapolis. This organization is dedicated to protecting the civil rights and liberties of the people of Minnesota. You can also contact a community group or advocacy organization devoted to the defense of those accused of prostitution offenses. Talking with an experienced criminal defense attorney in your area will make it even easier to navigate the process ahead of you.