Minnesota Prostitution and Solicitation Laws

Prostitution is illegal in Minnesota, and the penalties can be harsh. You could face jail time, fines, and sex offender registration. Minnesota law also bans solicitation of prostitution and pimping. As with other states, Minnesota has also implemented strong laws on sex trafficking.

Minnesota's Prostitution and Solicitation Laws at a Glance

Navigating the Minnesota criminal code can be challenging. The following table briefly explains the state's prostitution laws.

Code sections

Definitions: Minnesota Statutes §609.321

Solicitation: Minn. Stat. §609.322

Inducement, promotion of prostitution, and sex trafficking: Minn. Stat. §609.322

Patrons, prostitutes, and housing individuals engaged in prostitution: Minnesota Statutes §609.324

What's prohibited?

Minnesota law prohibits all prostitution-related activities, including:

Sex trafficking in the first degree — This felony sex crime includes any of the following:

• Soliciting or inducing a person under 18 years of age to be a prostitute (i.e., being hired to engage in sexual penetration, whether oral, vaginal, or anal sex, or other sexual contact)
• Promoting the prostitution of a person under 18
• Receiving profit, knowing it came from the prostitution of a minor
• Sex trafficking (enticing or obtaining a person under 18 to serve as a prostitute)

Sex trafficking in the second degree — This criminal offense includes any of the following:

• Soliciting or inducing a person to practice prostitution
• Promoting prostitution
• Knowingly receiving a profit from the prostitution of another
• Sex trafficking

Hiring adult prostitutes — Engaging in prostitution or hiring an adult for prostitution

Prostitution — Engaging in prostitution or offering to perform sexual acts for money

Criminal penalties

The penalties for the above crimes are below.

Sex trafficking in the first degree: Up to 20 years in prison and a fine of up to $50,000. But the penalties are more severe in specific circumstances. For example, having more than one sex trafficking victim carries a possible jail sentence of 25 years and a minimum fine of $60,000.

Sex trafficking in the second degree: Up to 15 years in prison and a fine of up to $40,000.

Hiring a minor for prostitution: Depends on the child's age

• For a child under 13, the penalty is not more than 20 years in prison and a fine of up to $40,000
• For a child between 13 and 15, the maximum penalty is ten years and a fine of $20,000
• For a child who is 16 or 17 years old, the penalty is up to five years in prison and a fine of $10,000

Housing unrelated minors for prostitution: Up to one year in jail and a fine of up to $3,000.

Patronizing an adult prostitute: Depends on the prostitution location and the defendant's prior offenses.

• If the transaction occurs in a public place, the offender must pay a fine of at least $1,500
• If the sexual contact takes place in a private place, there is a minimum fine of $500
• If the defendant has a prior conviction for prostitution, they must pay a $1,500 fine and complete 20 hours of community service
• If the sex buyer used a motor vehicle in their solicitation, their conviction will appear on their driving record.
• If the crime occurred in a park or school zone, the penalties would increase by up to three times the usual maximum sentence.

Court Assessments

The court will assess adult sex buyers (johns) and sex traffickers between $500 and $1,000, depending on the facts of the case.

The penalties for prostitution depend on where the activity occurred and the offender's prior convictions:

Public place: This is a gross misdemeanor, punishable by one year in jail and a $3,000 fine.

Private place: This is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.

• With a prior prostitution conviction, this crime is also a gross misdemeanor.

Loitering in a public place to participate in prostitution is also a misdemeanor charge.

Sex Offender Registry

If the state convicts you of sex trafficking of a minor or hiring a prostitute under 13 years of age, you must register as a sex offender.

Defenses

There are very few defenses to prostitution in Minnesota. Innocence is always a defense to a criminal charge. In prostitution cases, being a sex trafficking victim is also a defense.

Mistake about age or consent is no defense to prostitution charges involving minors.

Entrapment is a defense, but it is difficult to prove, even if your arrest was part of a sting operation.

Seek Legal Advice if You're Facing Prostitution Charges in Minnesota

If you're facing a prostitution-related charge, contact a local criminal defense attorney. Your criminal defense lawyer is familiar with state law and will help devise a solid legal strategy.