Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 448-H.F.No. 2012 
           An act relating to crimes; imposing a duty on the 
          juvenile court to insure family reunification; 
          increasing penalties for soliciting or inducing an 
          individual under the age of 13 to practice 
          prostitution; imposing criminal liability on persons 
          who receive profit from prostitution if they have 
          reason to know it was derived from prostitution; 
          imposing criminal penalties on persons who allow 
          juvenile prostitutes to reside in their dwelling; 
          providing for a penalty assessment; authorizing 
          counties to develop a program of intervention services 
          for juvenile prostitutes;  amending Minnesota Statutes 
          1984, sections 609.322; 609.323; 609.324, subdivision 
          1, and by adding a subdivision; and 626.558, by adding 
          a subdivision;  proposing coding for new law in 
          Minnesota Statutes, chapters 260 and 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [260.012] [DUTY TO INSURE FAMILY 
REUNIFICATION.] 
    At all stages of juvenile court proceedings, it shall be 
the duty of the court to insure that all reasonable efforts are 
made to reunite a child with the child's family at the earliest 
possible time, consistent with the safety of the child and the 
public. 
    Sec. 2.  Minnesota Statutes 1984, section 609.322, is 
amended to read: 
    609.322 [SOLICITATION, INDUCEMENT AND PROMOTION OF 
PROSTITUTION.] 
    Subdivision 1.  Whoever, while acting other than as a 
prostitute or patron, intentionally does either 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) solicits or induces an individual under the age of 13 
years to practice prostitution; or 
    (2) promotes the prostitution of an individual under the 
age of 13 years. 
    Subd. 1a.  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 ten years or to 
payment of a fine of not more than $20,000, or both:  
    (1) Solicits or induces an individual under the age of at 
least 13 but less than 16 years of age to practice prostitution; 
or 
    (2) Solicits or induces an individual to practice 
prostitution by means of force; or 
    (3) Uses a position of authority to solicit or induce an 
individual to practice prostitution; or 
    (4) Promotes the prostitution of an individual in the 
following circumstances:  
    (a) The individual is under the age of at least 13 but less 
than 16 years of age; or 
    (b) The actor knows that the individual has been induced or 
solicited to practice prostitution by means of force; or 
    (c) The actor knows that a position of authority has been 
used to induce or solicit the individual to practice 
prostitution.  
    Subd. 2.  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 five years or to 
payment of a fine of not more than $10,000, or both:  
    (1) Solicits or induces an individual at least 16 but less 
than 18 years of age to practice prostitution; or 
    (2) Solicits or induces an individual to practice 
prostitution by means of trick, fraud, or deceit; or 
    (3) Being in a position of authority, consents to an 
individual being taken or detained for the purposes of 
prostitution; or 
    (4) Promotes the prostitution of an individual in the 
following circumstances:  
    (a) The individual is at least 16 but less than 18 years of 
age; or 
    (b) The actor knows that the individual has been induced or 
solicited to practice prostitution by means of trick, fraud or 
deceit; or 
    (c) The actor knows that an individual in a position of 
authority has consented to the individual being taken or 
detained for the purpose of prostitution.  
    Subd. 3.  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 three years or to 
payment of a fine of not more than $5,000, or both:  
    (1) Solicits or induces an individual 18 years of age or 
above to practice prostitution; or 
    (2) Promotes the prostitution of an individual 18 years of 
age or older.  
    Sec. 3.  Minnesota Statutes 1984, section 609.323, is 
amended to read: 
    609.323 [RECEIVING PROFIT DERIVED FROM PROSTITUTION.] 
    Subdivision 1.  Whoever, while acting other than as a 
prostitute or patron, intentionally 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 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. 
    Subd. 1a.  Whoever, not related by blood, adoption, or 
marriage to the prostitute, while acting other than as a 
prostitute or patron, intentionally receives profit, knowing or 
having reason to know that it to be is derived from the 
prostitution, or the promotion of the prostitution, of an 
individual in circumstances described in section 609.322, 
subdivision 1 1a, clause (4), 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.  
    Subd. 2.  Whoever, not related by blood, adoption, or 
marriage to the prostitute, while acting other than as a 
prostitute or patron, intentionally receives profit, knowing or 
having reason to know that it to be is derived from the 
prostitution, or the promotion of the prostitution, of an 
individual in circumstances described in section 609.322, 
subdivision 2, clause (4) may be sentenced to not more than 
three years imprisonment or to payment of a fine of not more 
than $5,000, or both.  
    Subd. 3.  Whoever, not related by blood, adoption, or 
marriage to the prostitute, while acting other than as a 
prostitute or patron, intentionally receives profit, knowing or 
having reason to know that it to be is derived from the 
prostitution, or the promotion of the prostitution of an 
individual 18 years of age or above 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.  
    Subd. 4.  This section does not apply to the sale of goods 
or services to a prostitute in the ordinary course of a lawful 
business.  
    Sec. 4.  [609.3232] [PROTECTIVE ORDER AUTHORIZED; 
PROCEDURES; PENALTIES.] 
    Subdivision 1.  [ORDER FOR PROTECTION.] Any parent or 
guardian who knows or has reason to believe that a person, while 
acting as other than a prostitute or patron, is inducing, 
coercing, soliciting, or promoting the prostitution of the 
parent or guardian's minor child, or is offering or providing 
food, shelter, or other subsistence for the purpose of enabling 
the parent or guardian's minor child to engage in prostitution, 
may seek an order for protection in the manner provided in this 
section. 
    Subd. 2.  [COURT JURISDICTION.] An application for relief 
under this section shall be filed in the juvenile court.  
Actions under this section shall be given docket priority by the 
court. 
    Subd. 3.  [CONTENTS OF PETITION.] A petition for relief 
shall allege the existence of a circumstance or circumstances 
described in subdivision 1, and shall be accompanied by an 
affidavit made under oath stating the specific facts and 
circumstances from which relief is sought.  The court shall 
provide simplified forms and clerical assistance to help with 
the writing and filing of a petition under this section. 
    Subd. 4.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
receipt of the petition, the court shall order a hearing which 
shall be held no later than 14 days from the date of the order.  
Personal service shall be made upon the respondent not less than 
five days before the hearing.  In the event that personal 
service cannot be completed in time to give the respondent the 
minimum notice required under this paragraph, the court may set 
a new hearing date. 
     (b) Notwithstanding the provisions of paragraph (a), 
service may be made by one week published notice, as provided 
under section 645.11, provided the petitioner files with the 
court an affidavit stating that an attempt at personal service 
made by a sheriff was unsuccessful because the respondent is 
avoiding service by concealment or otherwise, and that a copy of 
the petition and notice of hearing has been mailed to the 
respondent at the respondent's residence or that the residence 
is not known to the petitioner.  Service under this paragraph is 
complete seven days after publication.  The court shall set a 
new hearing date if necessary to allow the respondent the 
five-day minimum notice required under paragraph (a). 
     Subd. 5.  [RELIEF BY THE COURT.] Upon notice and hearing, 
the court may order the respondent to return the minor child to 
the residence of the child's parents or guardian, and may order 
that the respondent cease and desist from committing further 
acts described in subdivision 1 and cease to have further 
contact with the minor child.  Any relief granted by the court 
in the order for protection shall be for a fixed period of time 
determined by the court. 
    Subd. 6.  [SERVICE OF ORDER.] Any order issued under this 
section shall be served personally on the respondent.  Upon the 
request of the petitioner, the court shall order the sheriff to 
assist in the execution or service of the order for protection. 
    Subd. 7.  [VIOLATION OF ORDER FOR PROTECTION.] (a) A 
violation of an order for protection shall constitute contempt 
of court and be subject to the penalties provided under chapter 
588. 
    (b) Any person who willfully fails to return a minor child 
as required by an order for protection issued under this section 
commits an act which manifests an intent substantially to 
deprive the parent or guardian of custodial rights within the 
meaning of section 609.26, clause (3).  
    Sec. 5.  Minnesota Statutes 1984, section 609.324, 
subdivision 1, is amended to read: 
    Subdivision 1.  (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; or 
    (2) Hires or offers or agrees to hire an individual under 
the age of 13 years to engage in sexual penetration or sexual 
contact.  
    (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; or 
    (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.  
    (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; or 
    (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. 
    Sec. 6.  Minnesota Statutes 1984, section 609.324, is 
amended by adding a subdivision to read: 
    Subd. 1a.  Any person, other than one related by blood, 
adoption, or marriage to the minor, who permits a minor to 
reside, temporarily or permanently, in the person's dwelling 
without the consent of the minor's parents or guardian, knowing 
or having reason to know that the minor is engaging in 
prostitution 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; except that, this subdivision does not apply to 
residential placements made, sanctioned, or supervised by a 
public or private social service agency. 
    Sec. 7.  [609.3241] [PENALTY ASSESSMENT AUTHORIZED.] 
    In any county that has established a multidisciplinary 
child protection team pursuant to section 626.558, when a court 
sentences an adult convicted of violating section 609.322, 
609.323, or 609.324, while acting other than as a prostitute, 
the court shall impose an assessment of $250 to be used for the 
purposes described in section 8.  This assessment is in addition 
to the assessment or surcharge required by section 609.101.  
    Sec. 8.  Minnesota Statutes 1984, section 626.558, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [JUVENILE PROSTITUTION OUTREACH PROGRAM.] A 
multidisciplinary child protection team may assist the local 
welfare agency, local law enforcement agency, or an appropriate 
private organization in developing a program of outreach 
services for juveniles who are engaging in prostitution.  For 
the purposes of this subdivision, at least one representative of 
a youth intervention program or, where this type of program is 
unavailable, one representative of a nonprofit agency serving 
youth in crisis, shall be appointed to and serve on the 
multidisciplinary child protection team in addition to the 
standing members of the team.  These services may include 
counseling, medical care, short-term shelter, alternative living 
arrangements, and drop-in centers.  The county may finance these 
services by means of the penalty assessment authorized by 
section 7.  A juvenile's receipt of intervention services under 
this subdivision may not be conditioned upon the juvenile 
providing any evidence or testimony. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective August 1, 1986, and apply to 
crimes committed on or after that date. 
    Approved March 25, 1986