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HF 3018

as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 10:53am

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 02/16/2010

Current Version - as introduced

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A bill for an act
 relating to public safety; clarifying and recodifying certain provisions and
modifying certain definitions in the prostitution laws; amending Minnesota
Statutes 2008, sections 609.321, subdivisions 4, 8, 9; 609.324, by adding
subdivisions; Minnesota Statutes 2009 Supplement, section 609.324,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2008, section 609.321, subdivision 4, is amended to read:


Subd. 4.

Patron.

"Patron" means an individual who deleted text begin hires or offers or agrees
deleted text end new text begin engages in prostitution by hiring, offering to hire, or agreeing new text end to hire another individual 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, 2010, and applies to crimes
committed on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2008, section 609.321, subdivision 8, is amended to read:


Subd. 8.

Prostitute.

"Prostitute" means an individual who engages in prostitutionnew text begin
by being hired, offering to be hired, or agreeing to be hired by another individual to
engage in sexual penetration or sexual contactnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
 new text end

Sec. 3.

Minnesota Statutes 2008, section 609.321, subdivision 9, is amended to read:


Subd. 9.

Prostitution.

"Prostitution" means deleted text begin engaging or offering or agreeing to
engage for hiredeleted text end new text begin hiring, offering to hire, or agreeing to hire another individual to engage in
sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
hired by another individual to engage new text end in sexual penetration or sexual contact.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
 new text end

Sec. 4.

Minnesota Statutes 2009 Supplement, section 609.324, subdivision 2, is
amended to read:


Subd. 2.

Prostitution in public place; penaltynew text begin for patronsnew text end .

Whoevernew text begin , while acting
as a patron,new text end intentionally does any of the following while in a public place is guilty of a
gross misdemeanor:

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

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

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision deleted text begin while acting as a patrondeleted text end 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, 2010, and applies to crimes
committed on or after that date.
 new text end

Sec. 5.

Minnesota Statutes 2009 Supplement, section 609.324, subdivision 3, is
amended to read:


Subd. 3.

General prostitution crimes; penaltiesnew text begin for patronsnew text end .

(a) Whoevernew text begin , while
acting as a patron,new text end intentionally does any of the following is guilty of a misdemeanor:

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

(2) hires deleted text begin ordeleted text end new text begin ,new text end offers new text begin to hire, new text end or agrees to hire an individual 18 years of age or deleted text begin abovedeleted text end
new text begin older new text end to engage in sexual penetration or sexual contact. Except as otherwise provided in
subdivision 4, a person who is convicted of violating this paragraph deleted text begin while acting as a
patrondeleted text end 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 prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
is convicted of violating this paragraph deleted text begin while acting as a patrondeleted text end 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, 2010, and applies to crimes
committed on or after that date.
 new text end

Sec. 6.

Minnesota Statutes 2008, section 609.324, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Prostitution in public place; penalty for prostitutes. new text end

new text begin Whoever, while
acting as a prostitute, intentionally does any of the following while in a public place 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) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
 new text end

Sec. 7.

Minnesota Statutes 2008, section 609.324, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin General prostitution crimes; penalties for prostitutes. new text end

new text begin (a) Whoever,
while acting as a prostitute, intentionally does any of the following is guilty of a
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) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.
 new text end

new text begin (b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
 new text end