Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 463-H.F.No. 1846 
           An act relating to prostitution; increasing penalties 
          for certain patrons of prostitutes; providing that 
          when a patron uses a motor vehicle during commission 
          of an offense, that fact will be noted on the person's 
          driving record; amending Minnesota Statutes 1988, 
          sections 609.324, subdivisions 2, 3, and by adding 
          subdivisions; and 609.3241. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 609.324, 
subdivision 2, is amended to read: 
    Subd. 2.  Whoever solicits or accepts a solicitation to 
engage for hire in sexual penetration or sexual contact while in 
a public place 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 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. 
     Sec. 2.  Minnesota Statutes 1988, section 609.324, 
subdivision 3, is amended to read: 
    Subd. 3.  Whoever intentionally 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 $700, or both:  
    (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 clause (1) or (2) while 
acting as a patron must, at a minimum, be sentenced to pay a 
fine of at least $500. 
    Whoever violates the provisions of this subdivision within 
two years of a previous conviction 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 as otherwise provided 
in subdivision 4, a person who is convicted of a gross 
misdemeanor violation of this subdivision 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. 
    Sec. 3.  Minnesota Statutes 1988, section 609.324, is 
amended by adding a subdivision to read: 
    Subd. 4.  [COMMUNITY SERVICE IN LIEU OF MINIMUM FINE.] The 
court may order a person convicted of violating subdivision 2 or 
3 to perform community work service in lieu of all or a portion 
of the minimum fine required under those subdivisions if the 
court makes specific, written findings that the convicted person 
is indigent or that payment of the fine would create undue 
hardship for the convicted person or that person's immediate 
family.  Community work service ordered under this subdivision 
is in addition to any mandatory community work service ordered 
under subdivision 3. 
    Sec. 4.  Minnesota Statutes 1988, section 609.324, is 
amended by adding a subdivision to read: 
     Subd. 5.  [USE OF MOTOR VEHICLE TO PATRONIZE PROSTITUTES; 
DRIVING RECORD NOTATION.] When a court sentences a person 
convicted of violating this section while acting as a patron, 
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. 
     Sec. 5.  Minnesota Statutes 1988, section 609.3241, is 
amended to read: 
    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 for a violation of 
section 609.324, subdivision 2, or a misdemeanor violation of 
section 609.324, subdivision 3; otherwise the court shall impose 
an assessment of $500.  The assessment is to be used for the 
purposes described in section 626.558, subdivision 2a.  This 
assessment and is in addition to the assessment or surcharge 
required by section 609.101. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective August 1, 1990, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 19, 1990 
    Signed by the governor April 20, 1990, 10:10 a.m.