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SF 1008

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

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

Current Version - as introduced

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A bill for an act
relating to public safety; clarifying and recodifying certain provisions in the
prostitution laws; ensuring that driving records relating to prostitution offenses
are available to law enforcement; amending Minnesota Statutes 2008, sections
609.321, subdivisions 4, 8, 9; 609.324, subdivisions 1, 2, 3, 5, by adding
subdivisions.

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 to hire
another
deleted text end new text begin engages in prostitution by agreeing to hire, offering to hire, or hiring an new text end 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, 2009, 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 agreeing to be hired, offering to be hired, or being hired
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 9, is amended to read:


Subd. 9.

Prostitution.

"Prostitution" means engaging deleted text begin ordeleted text end new text begin ,new text end offeringnew text begin ,new text end or agreeing to
engage for hire in sexual penetration or sexual contactnew text begin , or hiring, offering, or agreeing to
hire another 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, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 609.324, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Engaging in,deleted text end Hiring, new text begin offering to hire, new text end or agreeing to hire minor to
engage in prostitution; penaltiesnew text begin for patronsnew text end .

(a) Whoevernew text begin , while acting as a patron,new text end
intentionally deleted text begin does any of the followingdeleted text end new text begin engages in prostitution with an individual under
the age of 13 years
new text end may be sentenced to imprisonment for not more than 20 years or to
payment of a fine of not more than $40,000, or bothdeleted text begin :deleted text end new text begin .
new text end

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

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

(b) Whoevernew text begin , while acting as a patron,new text end intentionally deleted text begin does any of the followingdeleted text end
new text begin engages in prostitution with an individual under the age of 16 years but at least 13 years
new text end may be sentenced to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or bothdeleted text begin :deleted text end new text begin .
new text end

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

deleted text begin (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.
deleted text end

(c) Whoevernew text begin , while acting as a patron,new text end intentionally deleted text begin does any of the followingdeleted text end
new text begin engages in prostitution with an individual under the age of 18 years but at least 16 years
new text end may be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or bothdeleted text begin :deleted text end new text begin .
new text end

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

deleted text begin (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.
deleted 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 609.324, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Solicitation or acceptance of solicitation to engagedeleted text end new text begin Engagingnew text end new text begin new text end in
new text begin new text end prostitutionnew text begin in public placenew text end ; penaltynew text begin for patronsnew text end .

Whoever deleted text begin solicits or accepts a
solicitation to engage for hire in sexual penetration or sexual contact
deleted text end new text begin , while acting as a
patron, intentionally engages in prostitution with an individual 18 years of age or older
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 misdemeanornew text end .
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, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

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


Subd. 3.

deleted text begin Engaging in,deleted text end Hiring, new text begin offering to hire, new text end or agreeing to hire adult to
engage in prostitution; penaltiesnew text begin for patronsnew text end .

(a) Whoevernew text begin , while acting as a patron,new text end
intentionally deleted text begin does any of the following may 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 end new text begin engages in
prostitution with an individual 18 years of age or older is guilty of a misdemeanor.
new text end

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

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

(b) Whoevernew text begin , while acting as a patron,new text end violates the provisions of this subdivision
within two years of a previous 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 both
deleted text end new text begin is guilty of gross
misdemeanor
new text end . Except as otherwise provided in subdivision 4, a person who is convicted
of deleted text begin a gross misdemeanor violation of this subdivision while acting as a patron,deleted text end new text begin violating
this paragraph
new 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, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 609.324, subdivision 5, is amended to read:


Subd. 5.

Use of motor vehicle to patronize prostitutes; driving record notation.

When a court sentences a person convicted of violating deleted text begin this section while acting as a
patron
deleted text end new text begin subdivision 1, 2, or 3new text end , the court shall determine whether the person used a motor
vehicle during the commission of the offense. If the court finds that the person used
a motor vehicle during the commission of the offense, it shall forward its finding to
the commissioner of public safety who shall record the finding on the person's driving
record. The finding is classified as private data on individuals, as defined in section 13.02,
subdivision 12
new text begin , but is accessible for law enforcement purposesnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 8.

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 Engaging in prostitution with a minor; penalties for prostitutes.
new text end

new text begin (a) Whoever, while acting as a prostitute, intentionally engages in prostitution with an
individual under the age of 13 years 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.
new text end

new text begin (b) Whoever, while acting as a prostitute, intentionally engages in prostitution
with an individual under the age of 16 years but at least 13 years 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.
new text end

new text begin (c) Whoever, while acting as a prostitute, intentionally engages in prostitution
with an individual under the age of 18 years but at least 16 years 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.
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. 9.

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

new text begin Whoever, while
acting as a prostitute, intentionally engages in prostitution with an individual 18 years of
age or older while in a public place 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, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

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


new text begin Subd. 8. new text end

new text begin Engaging in prostitution with an adult; penalties for prostitutes.
new text end

new text begin (a) Whoever, while acting as a prostitute, intentionally engages in prostitution with an
individual 18 years of age or older is guilty of a misdemeanor.
new text end

new text begin (b) Whoever, while acting as a prostitute, violates the provisions of this subdivision
within two years of a previous conviction 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, 2009, and applies to crimes
committed on or after that date.
new text end