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Minnesota Legislature

Office of the Revisor of Statutes

HF 1213

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; clarifying the prostitution penalty enhancement
provision for repeat offenders; broadening the prostitution in a public place
crime; amending Minnesota Statutes 2008, sections 609.321, by adding a
subdivision; 609.324, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2008, section 609.321, is amended by adding a
subdivision to read:


new text begin Subd. 13. new text end

new text begin Place of public accommodation. new text end

new text begin "Place of public accommodation"
means a business, accommodation, refreshment, entertainment, recreation, or
transportation facility of any kind, whether licensed or not, whose goods, services,
facilities, privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 609.324, subdivision 2, is amended to read:


Subd. 2.

Solicitation or acceptance of solicitation to engage in new text beginnew text endprostitutionnew text begin in
public place
new text end; penalty.

Whoever deleted text beginsolicits or accepts a solicitation to engage for hire in
sexual penetration or sexual contact
deleted text end new text beginintentionally does any of the following new text endwhile in a
public place deleted text beginmay be sentenced to imprisonment for not more than one year or to payment
of a fine of not more than $3,000 or both.
deleted text endnew text begin is guilty of a gross misdemeanor:
new text end

new text begin (1) engages in prostitution with an individual 18 years of age or older; or
new text end

new text begin (2) hires or offers or agrees to hire an individual 18 years of age or older to engage in
sexual penetration or sexual contact.
new text end

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine
of at least $1,500.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 609.324, subdivision 3, is amended to read:


Subd. 3.

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

(a) Whoever intentionally does any of the following deleted text beginmay be sentenced to
imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both
deleted text endnew text begin is guilty of a misdemeanornew text end:

(1) engages in prostitution with an individual 18 years of age or above; or

(2) hires or offers or agrees to hire an individual 18 years of age or above to engage
in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a
person who is convicted of violating this deleted text beginclause or clause (1)deleted text endnew text begin paragraphnew text end while acting as a
patron must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a previous
new text begin prostitution new text endconviction deleted text beginmay be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both
deleted text endnew text begin for violating this section or section
609.322 is guilty of a gross misdemeanor
new text end. Except as otherwise provided in subdivision 4,
a person who is convicted of deleted text begina gross misdemeanor violation of this subdivisiondeleted text endnew text begin violating
this paragraph
new text end while acting as a patron, must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific,
written findings that the community work service is not feasible or appropriate under the
circumstances of the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end