SF 2862

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/28/2016 08:33am

A bill for an act
relating to public safety; increasing penalties for attempting to hire a minor for
prostitution; amending Minnesota Statutes 2014, section 243.166, subdivision
1b; Minnesota Statutes 2015 Supplement, section 609.324, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same
set of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345;
609.3451, subdivision 3; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with or petitioned for a violation of, or attempt to
violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section
609.2325, subdivision 1, paragraph (b); false imprisonment in violation of section
609.255, subdivision 2; solicitation, inducement, or promotion of the prostitution of a
minor or engaging in the sex trafficking of a minor in violation of section 609.322; a
prostitution offense deleted text begin involving a minor under the age of 13 years deleted text end in violation of section
609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual conduct in
violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a sexual
performance in violation of section 617.246; or possessing pornographic work involving a
minor in violation of section 617.247, and convicted of or adjudicated delinquent for that
offense or another offense arising out of the same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court
martial, violating a law of the United States, including the Uniform Code of Military Justice,
similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that
would be a violation of a law described in paragraph (a) if committed in this state and
convicted of or adjudicated delinquent for that offense or another offense arising out
of the same set of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state
and remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement
or, if the person was not confined, since the person was convicted of or adjudicated
delinquent for the offense that triggers registration, unless the person is subject to a longer
registration period under the laws of another state in which the person has been convicted
or adjudicated, or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period
in another state or is subject to lifetime registration, the person shall register for that
time period regardless of when the person was released from confinement, convicted, or
adjudicated delinquent.

(c) A person also shall register under this section if the person was committed
pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185,
chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state
or the United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to
violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
state or the United States, or the person was charged with or petitioned for a violation of
any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
the United States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 609.324, subdivision 1, is
amended to read:

Subdivision 1.

Engaging in, hiring, or agreeing to hire minor to engage in
prostitution; penalties.

(a) Whoever intentionally does any of the following may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not
more than $40,000, or both:

(1) engages in prostitution with an individual under the age of 13 years; deleted text begin or
deleted text end

(2) hires or offers or agrees to hire an individual under the age of 13 years to engage
in sexual penetration or sexual contact new text begin ; or
new text end

new text begin (3) hires or offers or agrees to hire an individual who the actor reasonably believes
to be under the age of 13 years to engage in sexual penetration or sexual contact new text end .

(b) Whoever intentionally does any of the following may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both:

(1) engages in prostitution with an individual under the age of 16 years but at least
13 years; deleted text begin or
deleted text end

(2) hires or offers or agrees to hire an individual under the age of 16 years but at
least 13 years to engage in sexual penetration or sexual contact new text begin ; or
new text end

new text begin (3) hires or offers or agrees to hire an individual who the actor reasonably believes
to be under the age of 16 years but at least 13 years to engage in sexual penetration or
sexual contact new text end .

(c) Whoever intentionally does any of the following may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both:

(1) engages in prostitution with an individual under the age of 18 years but at least
16 years;

(2) hires or offers or agrees to hire an individual under the age of 18 years but at
least 16 years to engage in sexual penetration or sexual contact; or

(3) hires or offers or agrees to hire an individual who the actor reasonably believes
to be under the age of 18 years new text begin but at least 16 years new text end to engage in sexual penetration or
sexual contact.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to crimes
committed on or after that date.
new text end