Prostitution may not seem like a very serious offense due to the fact it usually doesn’t involve any sort of violence.
Some believe that it isn’t an offense that hurts anyone and really doesn’t warrant the punishment that many women receive because of it.
However, law enforcement does pursue Minnesota prostitution very aggressively. They stage prostitution raids and go after all of those involved with everything they have.
They go after the prostitutes, the johns, and the pimps. One of the reasons why they go after these offenders so strongly is because many of the women that are involved in prostitution rings are minors.
If you have been accused of any Minnesota prostitution-related act, you need legal representation by your side so that you can defend your rights and your future.
While there may be merit to the charges, there may be reasons why you do not deserve the maximum sentence. There may even be reasons to have the charges dismissed.
Your St. Paul criminal defense attorney will evaluate every element of your case to determine what the best route to take will be so that you can move on with your life sooner. Contact us today to get started.
Effective Defense Against All Prostitution Charges In Minnesota
There are different acts that a person can be accused of when it comes to prostitution. They include:
- Inducement —influencing another individual to engage in prostitution
- Solicitation —offering to exchange sex for money
- Prostitution in a park or school zone –children may be present in these areas
- Loitering with the intent to prostitute -–the intent to solicit is there and evidenced by hanging out in a single area for a long period of time with the intent to exchange sex for money.
- Promoting prostitution—promoting the prostitution of another person and collecting money for the act, frequently known as “pimping.”
Regardless of the prostitution type, it is considered a very serious offense because it is considered a sex crime.
If you are arrested for any of the aforementioned acts, it is very important that you not say anything until your Minnesota criminal defense attorney is present before saying anything to law enforcement that could incriminate you.
Saying anything to the officer could result in what you say being used against you in a court of law. You do not want to incriminate yourself in any way.
Overview of Minnesota Prostitution Laws
St. Paul prostitution laws outline several different criminal violations.
Minnesota defines prostitution as hiring, offering to hire, or agreeing to hire another individual to engage in sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual contact. Sexual penetration includes sexual intercourse, cunnilingus, fellatio, anal intercourse. Or, any intrusion into genetal or anal openings with any body part or object used for sexual gratification.
Sexual contact means any of the following acts, if they can reasonably be construed as being for sexual gratification:
- An individual intentionally touching a prostitute’s intimate parts, or
- A prostitute intentionally touching another person’s intimate parts.
Sex Trafficking Laws in Minnesota
Influencing or coercing another person to engage in prostitution is considered sex trafficking in Minnesota.
Soliciting or inducing someone under 18 to engage in prostitution is punishable by up to 25 years in prison and a fine of up to $50,000. Aggravating factors can increase the potential prison time to 30 years and the fine to $60,000. The aggravating factors include:
- A previous human trafficking-related offense,
- A victim suffered bodily harm during commission of the offense,
- The victim was held in debt bondage or forced or coerced labor or services exceeded 180 days, or
- The offense was committed against multiple victims.
Soliciting or inducing an adult to engage in prostitution is punishable by up to 20 years in prison and a fine of up to $40,000. The potential penalties are the same for the following conduct:
- Promotes another person’s prostitution; and
- Receives profit, knowing or having reason to know that it is derived from prostitution, or the promotion of the prostitution, or an individual.
The penalties described above apply to individuals forcing other people into prostitution. They do not apply to the alleged prostitute themselves or the person seeking their services, also referred to as the patron.
Contact a St. Paul criminal defense attorney to determine the penalties associated with your charges.
Trafficking Laws and Penalties for Patrons
Engaging in prostitution with an individual under 14 as a patron is punishable by up to 20 years in prison and a fine of up to $40,000. The potential penalties are the same for the following conduct:
- Hires, offers, or agrees to hire someone under 14 to engage in sexual penetration or sexual contact; or
- Hires, offers, or agrees to hire someone they reasonably believe to be under 14 to engage in sexual penetration or sexual contact.
Engaging in prostitution with an individual between 14 and 16 is punishable by up to 10 years in prison and a fine of up to $20,000. The potential penalties are the same for the following conduct:
- Hires, offers, or agrees to hire someone between 14 and 16 to engage in sexual penetration or sexual contact; or
- Hires, offers, or agrees to hire someone they reasonably believe to be under 16 but at least 14 to engage in sexual penetration or sexual contact.
Engaging in prostitution with an individual between 16 and 18 is punishable by up to 5 years in prison and a fine of up to $10,000. The potential penalties are the same for the following conduct:
- Hires, offers, or agrees to hire someone between 16 and 18 to engage in sexual penetration or sexual contact; or
- Hires, offers, or agrees to hire someone they reasonably believe to be under 18 but at least 16 to engage in sexual penetration or sexual contact.
Engaging with a prostitute who is over 18 years of age is a gross misdemeanor.
Minnesota Charges and Penalties for Prostitutes
Minnesota law defines prostitute as an individual who engages in prostitution by being hired, offering to be hired, or agreeing to be hired by another person to engage in sexual penetration or sexual contact.
For prostitutes, the following actions are considered misdemeanors:
- Engages in prostitution with someone 18 or older; or
- Is hired, offers to be hired, or agrees to be hired by someone 18 or older to engage in sexual penetration or sexual contact.
Committing either of the acts described above in a public place is considered a gross misdemeanor. A gross misdemeanor is punishable by up to one year in jail and a fine of up to $3,000.
Minnesota considers loitering in a public place intending to engage in prostitution a misdemeanor. A misdemeanor is punishable by up to 90 days in jail and a fine of up to $1,000.
Additionally, felony solicitation and prostitution convictions require sex offender registration. Registered sex offenders are bound by travel restrictions as a condition of their supervised probation or parole.
The Sex Offender Registration and Notification Act (SORNA) requires registered sex offenders to inform their jurisdiction of residence of trips they plan to take outside the United States at least three weeks before they leave.
Registered sex offenders must also provide basic information that is published online and available to the public.
Contact a St Paul prostitution defense lawyer to talk to a lawyer who can help you minimize the penalties of a prostitution conviction.
Defenses to Prostitution and Solicitation Charges
In some cases, a legal defense applies to the facts of your case that helps negate an element of the offense. In some cases, the prosecutor will agree to reduce or dismiss your charges if they doubt their ability to prove your guilt beyond a reasonable doubt. Valid legal defenses for prostitution include:
- Mistaken identity,
- Another person coerced you to engage in a sexual act with the prostitute,
- Lack of evidence, or
- Lack of intent to engage in sexual penetration or sexual contact.
A qualified attorney can determine whether a legal defense applies to your case. If a legal defense applies, we can create a strategy to demonstrate how the defense defeats an element of your charge. Contact a member of our team so we can start reviewing your case.
Straightforward Representation
It is important that the representation you receive is straightforward and honest so that you know what is happening in your case and why.
You will be presented with options and what those options mean so that you can make the right decisions. Your St. Paul prostitution defense lawyer will fight for you every step of the way so that you can move on with your life as soon as possible.
Contact A St. Paul Prostitution Defense Lawyer Today
Minnesota Prostitution is a serious criminal offense that can result in a criminal record, fines, and jail time or prison time.
If you have been accused of prostitution, it is very important that you secure solid representation as soon as possible so that you can have a much better outcome than you would otherwise. To learn more about your rights and options, call Arechigo & Stokka at 651-419-5366 to schedule a free consultation with a Minnesota criminal defense lawyer.