Prostitution

In Minnesota, prostitution-related crimes are taken very seriously, and penalties can vary depending on whether someone is charged with soliciting sex, engaging in prostitution, or trafficking others for sexual exploitation. Below are the key prostitution crimes in Minnesota and potential defenses against those charges.

Prostitution Crimes in Minnesota

1. Prostitution (Minn. Stat. § 609.324)

• Definition: Engaging in or agreeing to engage in sexual acts in exchange for money, goods, or services.
• Key elements:
  • The individual offers, agrees to, or actually engages in a sexual act (vaginal, oral, or anal sex) in exchange for payment or anything of value.
  • Both the person offering the services and the person soliciting can be charged.
• Penalties:
  • Gross misdemeanor
  • Up to 1 year in jail and/or a fine up to $3,000
• Example: A person accepts money to engage in sexual activity with someone.

2. Solicitation of Prostitution (Minn. Stat. § 609.324)

• Definition: Offering to pay for sexual services, or actually negotiating a price for such services.
• Key elements:
  • The defendant solicits someone to engage in prostitution or engages in an agreement to pay for sexual services.
• Penalties:
  • Gross misdemeanor
  • Up to 1 year in jail and/or a fine up to $3,000
• Example: A person asks another to engage in sexual acts in exchange for money or services.

3. Aggravated Prostitution (Minn. Stat. § 609.322)

• Definition: A more severe form of prostitution-related offense involving the exploitation of others, particularly minors or those coerced into prostitution.
• Key elements:
  • Pimping or sex trafficking—acting as a trafficker or exploitative third party who profits from prostitution.
  • Promoting or facilitating prostitution of someone under the age of 18.
• Penalties:
  • First-degree felony (if the person is trafficking minors or coercing others into prostitution)
  • Up to 20 years in prison and/or fine up to $40,000
• Example: A person recruits, encourages, or forces others into engaging in prostitution, especially minors, for financial gain.

4. Patronizing Prostitution (Minn. Stat. § 609.324)

• Definition: A person knowingly pays for sexual services from a prostitute.
• Key elements:
  • The defendant engages with a prostitute knowing that sexual acts are being exchanged for payment.
  • This charge can be applied to both the person who solicits and the person being solicited.
• Penalties:
  • Gross misdemeanor
  • Up to 1 year in jail and/or a fine up to $3,000
• Example: A person hires a prostitute and engages in sexual acts in exchange for money.

Defenses to Prostitution Crimes in Minnesota

1. Lack of Knowledge or Intent

• In many prostitution charges, intent is a critical factor.
  • If the defendant did not know they were engaging in prostitution or did not intend to engage in sexual acts for compensation, the charge may be reduced or dismissed.
  • Example: A person may unknowingly be interacting with someone involved in prostitution, and the nature of the situation may not be clear at the time.

2. Entrapment

• Entrapment occurs when law enforcement officers coerce or persuade someone to commit a crime they would not have otherwise committed.
  • If a defendant is induced to commit a prostitution offense by police officers or informants, the defense of entrapment may apply.
  • Example: An undercover officer offers a defendant money to engage in prostitution when the defendant had no prior intention of committing the crime.

3. False Accusation

• If the victim or another individual falsely accuses the defendant of engaging in prostitution, the defendant can use this as a defense.
  • Example: Someone could be falsely accused of soliciting sex in a misunderstanding or as part of a vendetta.

4. Lack of Evidence

• If the prosecution cannot prove beyond a reasonable doubt that the defendant was engaged in prostitution or solicited prostitution, the case may be dismissed.
  • For example, if there is no physical evidence, witnesses, or concrete proof that the sexual exchange occurred, the defense could argue insufficient evidence.
  • Example: There are no texts, photos, or recordings proving that the defendant offered or agreed to pay for sexual acts.

5. Coercion or Duress

• In cases involving trafficking or forced prostitution, the defendant may argue that they were coerced or under duress.
  • This may apply if the defendant was forced or threatened into engaging in prostitution or soliciting sex.
  • Example: A victim of trafficking is forced into sex work under threat of violence and later arrested for prostitution.

6. Constitutionally Protected Behavior (In Limited Circumstances)

• In rare cases, a defendant may argue that their actions are protected under the First Amendment, such as if the charge involves speech or an agreement that does not meet the legal definition of prostitution.
  • However, this defense would be limited and generally would not apply to the actual exchange of sexual services.

Penalties for Prostitution Offenses in Minnesota

• Misdemeanor offenses (such as soliciting prostitution) can carry up to 1 year in jail and a fine of $3,000.
• Felony charges (such as pimping or sex trafficking of minors) can carry up to 20 years in prison and substantial fines.

Prostitution crimes are serious and can result in significant penalties, including jail time, fines, and a criminal record. If you are facing prostitution charges or need help understanding your rights and options, it is highly recommended to consult with an experienced criminal defense attorney.