Prostitution in Minnesota: Criminal Charges, Penalties and Defenses

This article is meant to educate on the dangers of and defenses against a criminal charge of prostitution. We will cover both the issues that a prostitution charge will surface for the accused "servicer", as well as issues relating to the alleged acception of prostitution.

What's Covered Here

We will cover four important and disctinct topics relating to a criminal prostitution charge.

1. Definitions of Criminal Prostitution
2. Procedures of Police Investigation and Arrest
3. Criminal and Civil Consequences of Conviction
4. Defense Strategies for Those Accused

Please remember that this is just introductory information and should not be construed as legal advice. Criminal law is a complicated and subtle area of law, so anyone charged with any crime should always talk to a lawyer before making any decisions about how to handle a charge.

Important Definitions

First, we'll clarify what prostitution means in the state of Minnesota by defining crucial legal terminology.

The following definitions are taken from MN Stat. Sec. 609.321.

Patron

An individual who hires, offers, or agrees to hire another individual to engage in sexual penetration or sexual contact. Also known as a “John.”

Prostitute

An individual who engages in prostitution.

Prostitution

Offering, or agreeing to engage in sexual contact or sexual penetration for hire.

Sexual Contact

Any of the following acts, provided they can be construed as being for the purpose of satisfying the actor’s sexual impulses: the intentional touching by an individual of a prostitute’s intimate parts, the intentional touching by a prostitute of another individual’s intimate parts.

Sexual Penetration

Any of the following acts, if for the purpose of satisfying the actor’s sexual impulses:

• Sexual intercourse
• Cunnilingus, fellatio
• Anal intercourse
• Any intrusion into the genital or anal openings of an individual’s body by any part of another individual’s body, or any object used for the purpose of satisfying sexual impulses

Hire

MN Stat. Sec. 609.321 does not define the term “hire.” Webster’s Dictionary defines hire as such: To engage the services of a person for a fee; or to grant one’s services for a fee.

Under Minnesota law, physical contact is not necessary to be convicted of prostitution. The crime of prostitution happens before any physical connection between patron and prostitute. The crime is the offer, agreement, or act of hiring someone to engage in sexual contact/penetration. For example, saying “I’ll give you $40.00 for a blow-job,” is an explicit offer to engage in sexual contact for hire. This is a crime.

Procedures of Prostitution Investigation and Arrest

Now we’ll investigate the procedures surrounding prostitution—specifically how law enforcement officials go about setting up and arresting patrons.

The business of prostitution has transformed dramatically in the past decade, moving from the streets to the internet. Sites like Craigslist and Backpage offer a simple way for prostitutes to advertise their services, and an even easier way for patrons to find what they’re looking for. Other sites, like The Erotic Review, allow johns to read reviews of prostitutes written by people who’ve used their services.

Police Stings

Police operations that attempt to trap patrons will often post fake advertisements on these and other sites, offering sexual favors in exchange for money. The language used in these advertisements is indirect and coded. For example, you won’t find someone offering a "blowjob for $30." Rather, advertisements offer massages or use regional terminology as code for certain sexual favors (e.g. Greek=anal sex, French=oral sex).

Two Call System

Prostitution stings operate on a two-call system. When a prospective john calls the number posted on a fake advertisement, the information exchanged is initially very general. The officer posing as a prostitute will give the patron a general location at which to meet (e.g. hwy 42 and I-35 in Burnsville). Once in the area, the patron will have to call again to get a specific location (e.g. Holiday Inn, Rm. 231). All calls are recorded and used for evidence.

When the patron arrives at the agreed upon location (usually a hotel room that is wired and video recorded from an adjacent room), the undercover officer will entice conversation regarding the patron’s desires by asking leading questions like: “What are you interested in?” or “Is it ok if you use a condom?” Such statements ensure the recorded conversation covers the required sex-for-money elements of the crime.

The Crime Occurs Upon Payment

The officer will then ask the patron to place the payment or "donation" on the bedside table (or somewhere in the room). Upon doing so, the crime of prostitution has been committed. The undercover officer gives the arrest signal, and the rest of the surveillance team enters the room and arrests the offender. The entire conversation between the patron and the undercover officer is video recorded and used as evidence for the prosecution.

These prostitution stings are set up by police with help from prosecutors. They are crafted around what prosecutors will ask defendants in the courtroom. It is a process predicated on deceit.

Consequences: Criminal and Civil Penalties

Police and prosecutors who run prostitution sting operations zero in on distinct areas of the Twin Cities and surrounding suburbs. Court records reveal the following cities to be the most targeted: Richfield, Bloomington, Minneapolis, Burnsville, Lakeville, Saint Paul, and Plymouth. These cities fall categorically into three counties: Dakota County, Hennepin County, and Ramsey County. For each county, the consequences for prostitution violators varies slightly.

Consequences by County for First-Time Prostitution Offenders

Dakota County

• A judge-recommended 10 days in jail
• Completion of a psychosexual evaluation (typically reserved for sex offenders)

Ramsey/Hennepin County

• Stay of imposition for vacate & dismissal (The prosecutor will look for you to plead guilty to a prostitution related offense. Upon satisfactory completion of all terms of the judge’s sentence, the plea will be vacated and case dismissed, thus purging your criminal record of the offense).
• Mandatory attendance of a one day prostitution recovery class

There are also state-wide penalties that transcend county lines. Generally, a first-time prostitution offense is punishable by up to 90 days in jail and/or a fine of up to $1,000. Additionally, offenders are charged a penalty assessment of $250. Any vehicle used to facilitate the crime can also be impounded, held, and ultimately sold by the state.

As with a DWI charge in Minnesota, a prostitution charge is an "enhanceable offense," which means subsequent criminal convictions will result in increased sentencing and penalties. A 2nd prostitution offense in two years is a gross misdemeanor which can result in up to 1 year in jail and/or a $1,500 – $3,000 fine.

Along with the criminal consequences, there are also numerous civil consequences that come with a prostitution offense. A prostitution conviction stays on an offender’s criminal record. It is possible offenders will have to explain the charge when applying for jobs or renting an apartment. Likewise, a person with a prostitution conviction is barred from many activities involving children, for example coaching a youth soccer team.

Defenses to a Criminal Charge

There are three primary avenues for defending a prostitution charge in the state of Minnesota:

1. Entrapment Defense

Entrapment occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is easy for the prosecution to argue the offender's act of prostitution was premeditated, rather than forced.

2. Due Process Defense

 A due process defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make continuation of the case unconstitutional. For example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.

3. Lack of Probable Cause Defense

A probable cause defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for prostitution in the form of an explicit offer to engage in sexual contact for hire. If the prosecution cannot prove that such an agreement occurred, the defendant may use this defense. It will be left up to a judge to determine whether the state has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.

Prostitution is often an embarrassing charge that most offenders wish to keep under wraps. The prosecution knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have a criminal defense attorney to help you through the complex legal proceedings.