Prostitution in Minnesota

What Is Considered Prostitution in Minnesota?

According to Minnesota Statute 609.321, prostitution is the exchange of money, goods or services for sex, sexual contact or sexual acts. Under state law, sex acts do not need to include penetration to be considered prostitution; sex acts need only to be “purchased” in some way to constitute a crime.

To clarify, prostitution is not the same as solicitation. A person who is arrested on prostitution charges faces allegations that they were hired to perform sexual acts for someone. Conversely, a person who is arrested on solicitation charges is accused of visiting or hiring a sex worker. In either case, sex acts don’t need to occur in order for someone to be charged; the offer and acceptance of payment for a sexual act is enough to warrant an arrest.

Penalties for Prostitution in Minnesota

People who are arrested and convicted of prostitution in Minnesota may face different charges and penalties, including the following:

• Gross misdemeanor offense. Engaging in prostitution in a public place can result in a gross misdemeanor, which carries a maximum criminal penalty of up to one year in prison and a $3,000 fine.
• Misdemeanor offense. Offering or agreeing to engage in prostitution is considered a misdemeanor offense and carries a maximum sentence of up to 90 days in jail and a $1,000 fine.

In addition to these consequences, people convicted of prostitution may also be required to join the sex offender registry or have a notation of the conviction made on their driving record.

Penalties for Solicitation in Minnesota

Soliciting a prostitute in Minnesota also carries potentially harsh penalties, especially if the prostitute was a minor. The following are potential penalties and charges for solicitation:

• Misdemeanor. If accused of soliciting of a prostitute in a public place, you could be charged with a misdemeanor criminal offense, which carries a maximum penalty of 20 years community service and a $500 fine.
• Gross misdemeanor. Soliciting a prostitute in a public place could also result in a gross misdemeanor, which carries a maximum penalty of up to one year in jail.
• Felony. Solicitation of a prostitute who is underage is considered a felony and could carry a sentence of between five and 20 years in prison.

It’s important to note that ignorance of age isn’t necessarily a viable defense for underage solicitation charges in Minnesota.

Defenses to a Prostitution Charge

There are several effective strategies for defending against prostitution charges in Minnesota. After reviewing the details of your case, your attorney will choose the defense that fits best with your unique situation. Here are some common defenses to both prostitution and solicitation charges:

• Actual innocence
• Mistaken identity
• No exchange of money, goods or services

In some situations, the best approach to these charges is an aggressive criminal defense; in others, the prosecution already has enough evidence to convict, so your attorney will likely focus on reducing your charges as much as possible.