Minnesota Legislature
HF 1505
3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am
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A bill for an act
relating to public safety; modifying publication date of data on trafficking
to every two years; providing for first- and second-degree sex trafficking;
increasing criminal penalties for certain sex trafficking offenses; modifying
provisions on solicitation of prostitution; adding sex trafficking to the definition
of crime of violence; amending Minnesota Statutes 2008, sections 299A.785,
subdivision 2; 609.281, subdivision 5; 609.321, subdivisions 7, 7a, by adding
subdivisions; 609.322; 609.324, subdivisions 2, 3; 611A.036, subdivision 7;
624.712, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 299A.785, subdivision 2, is amended to
read:
Subd. 2.
deleted text begin Report and annualdeleted text end Publication.
deleted text begin
(a) By September 1, 2006, the
commissioner of public safety shall report to the chairs of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice policy
and funding a summary of its findings. This report shall include, to the extent possible, the
information to be collected in subdivision 1 and any other information the commissioner
finds relevant to the issue of trafficking in Minnesota.
deleted text end
deleted text begin (b)deleted text end The commissioner shall gatherdeleted text begin ,deleted text end new text begin and new text end compiledeleted text begin , and publishdeleted text end annually statistical data
on the extent and nature of trafficking in Minnesota. new text begin The commissioner shall publish the
data every two years. new text end This deleted text begin annualdeleted text end publication shall be available to the public and include,
to the extent possible, the information to be collected in subdivision 1 and any other
information the commissioner finds relevant to the issue of trafficking in Minnesota.
Sec. 2.
Minnesota Statutes 2008, section 609.281, subdivision 5, is amended to read:
Subd. 5.
Labor trafficking.
"Labor trafficking" meansnew text begin :
new text end
new text begin (1) new text end the recruitment, transportation, transfer, harboring, enticement, provision,
obtaining, or receipt of a person by any meansdeleted text begin , whether a United States citizen or foreign
national,deleted text end for the purpose of:
deleted text begin (1)deleted text end new text begin (i) new text end debt bondage or forced labor or services;
deleted text begin (2)deleted text end new text begin (ii) new text end slavery or practices similar to slavery; or
deleted text begin (3)deleted text end new text begin (iii) new text end the removal of organs through the use of coercion or intimidationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) receiving profit or anything of value, knowing or having reason to know it is
derived from an act described in clause (1).
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. 3.
Minnesota Statutes 2008, section 609.321, subdivision 7, is amended to read:
Subd. 7.
Promotes the prostitution of an individual.
"Promotes the prostitution of
an individual" means any of the following wherein the person knowingly:
(1) solicits or procures patrons for a prostitute; deleted text begin or
deleted text end
(2) provides, leases or otherwise permits premises or facilities owned or controlled
by the person to aid the prostitution of an individual; deleted text begin or
deleted text end
(3) owns, manages, supervises, controls, keeps or operates, either alone or with
others, a place of prostitution to aid the prostitution of an individual; deleted text begin or
deleted text end
(4) owns, manages, supervises, controls, operates, institutes, aids or facilitates, either
alone or with others, a business of prostitution to aid the prostitution of an individual; deleted text begin or
deleted text end
(5) admits a patron to a place of prostitution to aid the prostitution of an individual;new text begin or
new text end
(6) transports an individual from one point within this state to another point either
within or without this state, or brings an individual into this state to aid the prostitution
of the individualdeleted text begin ; or
deleted text end
deleted text begin (7) engages in the sex trafficking of an individualdeleted 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. 4.
Minnesota Statutes 2008, section 609.321, subdivision 7a, is amended to read:
Subd. 7a.
Sex trafficking.
"Sex trafficking" meansnew text begin :
new text end
new text begin (1)new text end receiving, recruiting, enticing, harboring, providing, or obtaining by any means
an individual to aid in the prostitution of the individualdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) receiving profit or anything of value, knowing or having reason to know it is
derived from an act described in clause (1).
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. 5.
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 Prior qualified human trafficking-related offense. new text end
new text begin
A "prior qualified
human trafficking-related offense" means a conviction or delinquency adjudication within
the ten years from the discharge from probation or parole immediately preceding the
current offense for a violation of or an attempt to violate section 609.322, subdivision 1
(prostitution; sex trafficking in the first degree); 609.322, subdivision 1a (prostitution;
sex trafficking in the second degree); 609.282 (labor trafficking); or 609.283 (unlawful
conduct with respect to documents in furtherance of labor or sex trafficking).
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. 6.
Minnesota Statutes 2008, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 14. 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. 7.
Minnesota Statutes 2008, section 609.322, is amended to read:
609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF
PROSTITUTIONnew text begin ; SEX TRAFFICKINGnew text end .
Subdivision 1.
deleted text begin Individuals under age 18deleted text end new text begin Solicitation, inducement, and
promotion of prostitution; sex trafficking in the first degreenew text end .
new text begin (a) new text end Whoever, while
acting other than as a prostitute or patron, 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 deleted text begin $40,000deleted text end new text begin $50,000new text end , or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years; or
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18
yearsnew text begin ; or
new text end
new text begin (4) engages in the sex trafficking of an individual under the age of 18 yearsnew text end .
new text begin
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to
imprisonment for not more than 25 years or to payment of a fine of not more than $60,000,
or both, if one or more of the following aggravating factors are present:
new text end
new text begin
(1) the offender has committed a prior qualified human trafficking-related offense;
new text end
new text begin
(2) the offense involved a sex trafficking victim who suffered bodily harm during
the commission of the offense;
new text end
new text begin
(3) the time period that a sex trafficking victim was held in debt bondage or forced
labor or services exceeded 180 days; or
new text end
new text begin
(4) the offense involved more than one sex trafficking victim.
new text end
Subd. 1a.
deleted text begin Other offensesdeleted text end new text begin Solicitation, inducement, and promotion of
prostitution; sex trafficking in the second degreenew text end .
Whoever, while acting other than
as a prostitute or patron, intentionally does any of the following may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than deleted text begin $30,000deleted text end new text begin
$40,000new text end , or both:
(1) solicits or induces an individual to practice prostitution; deleted text begin or
deleted text end
(2) promotes the prostitution of an individual; deleted text begin or
deleted text end
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individualnew text begin ; or
new text end
new text begin (4) engages in the sex trafficking of an individualnew text end .
Subd. 1b.
Exceptions.
Subdivisions 1, clause (3), and 1a, clause (3), do not apply to:
(1) a minor who is dependent on an individual acting as a prostitute and who
may have benefited from or been supported by the individual's earnings derived from
prostitution; or
(2) a parent over the age of 55 who is dependent on an individual acting as a
prostitute, who may have benefited from or been supported by the individual's earnings
derived from prostitution, and who did not know that the earnings were derived from
prostitution; or
(3) the sale of goods or services to a prostitute in the ordinary course of a lawful
business.
Subd. 1c.
Aggregation of cases.
Acts by the defendant in violation of any one or
more of the provisions in this section within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was committed
for all of the offenses aggregated under this subdivision.
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. 8.
Minnesota Statutes 2008, section 609.324, subdivision 2, is amended to read:
Subd. 2.
Solicitation or acceptance of solicitation to engage in new text begin new text end prostitutionnew text begin in
public placenew text end ; penalty.
Whoever deleted text begin solicits or accepts a solicitation to engage for hire in
sexual penetration or sexual contactdeleted text end new text begin intentionally does any of the following new text end while in a
public place deleted text begin may 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 end new 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. 9.
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 begin may be sentenced to
imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or bothdeleted text end new 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 begin clause or clause (1)deleted text end new 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 end conviction deleted text begin may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or bothdeleted text end new text begin for violating this section or section
609.322 is guilty of a gross misdemeanornew text end . Except as otherwise provided in subdivision 4,
a person who is convicted of deleted text begin a gross misdemeanor violation of this subdivisiondeleted text end new text begin violating
this paragraphnew 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
Sec. 10.
Minnesota Statutes 2008, section 611A.036, subdivision 7, is amended to read:
Subd. 7.
Definition.
As used in this section, "violent crime" means a violation or
attempt to violate any of the following: section 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21
(criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault
in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242
(domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault
by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or patients);
609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of
an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third
degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282
(labor trafficking); new text begin 609.322 (solicitation, inducement, and promotion of prostitution; sex
trafficking); new text end 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual
conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct
in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of
children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.561, subdivision 1, (arson in the first degree;
dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first degree;
occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph (b),
(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle).
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. 11.
Minnesota Statutes 2008, section 624.712, subdivision 5, is amended to read:
Subd. 5.
Crime of violence.
"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in
the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and
aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the
second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to
injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment);new text begin 609.322 (solicitation, inducement, and
promotion of prostitution; sex trafficking);new text end 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
motor vehicle without the consent of the owner or authorized agent of the owner, theft
involving the taking of property from a burning, abandoned, or vacant building, or from
an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
and theft involving the theft of a controlled substance, an explosive, or an incendiary
device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment
and stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and
chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.
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