Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 624-H.F.No. 2519 
                  An act relating to prostitution; creating a civil 
                  cause of action for persons who are coerced into 
                  prostitution; proposing coding for new law in 
                  Minnesota Statutes, chapter 611A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [611A.80] [DEFINITIONS.] 
           Subdivision 1.  [GENERAL.] The definitions in this section 
        apply to sections 1 to 9. 
           Subd. 2.  [COERCE.] "Coerce" means to use or threaten to 
        use any form of domination, restraint, or control for the 
        purpose of causing an individual to engage in or remain in 
        prostitution or to relinquish earnings derived from 
        prostitution.  Coercion exists if the totality of the 
        circumstances establish the existence of domination, restraint, 
        or control that would have the reasonably foreseeable effect of 
        causing an individual to engage in or remain in prostitution or 
        to relinquish earnings from prostitution.  Evidence of coercion 
        may include, but is not limited to: 
           (1) physical force or actual or implied threats of physical 
        force; 
           (2) physical or mental torture; 
           (3) implicitly or explicitly leading an individual to 
        believe that the individual will be protected from violence or 
        arrest; 
           (4) kidnapping; 
           (5) defining the terms of an individual's employment or 
        working conditions in a manner that can foreseeably lead to the 
        individual's use in prostitution; 
           (6) blackmail; 
           (7) extortion or claims of indebtedness; 
           (8) threat of legal complaint or report of delinquency; 
           (9) threat to interfere with parental rights or 
        responsibilities, whether by judicial or administrative action 
        or otherwise; 
           (10) promise of legal benefit, such as posting bail, 
        procuring an attorney, protecting from arrest, or promising 
        unionization; 
           (11) promise of financial rewards; 
           (12) promise of marriage; 
           (13) restraining speech or communication with others, such 
        as exploiting a language difference, or interfering with the use 
        of mail, telephone, or money; 
           (14) isolating an individual from others; 
           (15) exploiting a condition of developmental disability, 
        cognitive limitation, affective disorder, or substance 
        dependency; 
           (16) taking advantage of lack of intervention by child 
        protection; 
           (17) exploiting victimization by previous sexual abuse or 
        battering; 
           (18) exploiting pornographic performance; 
           (19) interfering with opportunities for education or skills 
        training; 
           (20) destroying property; 
           (21) restraining movement; 
           (22) exploiting HIV status, particularly where the 
        defendant's previous coercion led to the HIV exposure; or 
           (23) exploiting needs for food, shelter, safety, affection, 
        or intimate or marital relationships. 
           Subd. 3.  [PROMOTES THE PROSTITUTION OF AN 
        INDIVIDUAL.] "Promotes the prostitution of an individual" has 
        the meaning given in section 609.321, subdivision 7. 
           Subd. 4.  [PROSTITUTION.] "Prostitution" has the meaning 
        given in section 609.321, subdivision 9. 
           Sec. 2.  [611A.81] [CAUSE OF ACTION FOR COERCION FOR USE IN 
        PROSTITUTION.] 
           Subdivision 1.  [CAUSE OF ACTION CREATED.] (a) An 
        individual has a cause of action against a person who: 
           (1) coerced the individual into prostitution; 
           (2) coerced the individual to remain in prostitution; 
           (3) used coercion to collect or receive any of the 
        individual's earnings derived from prostitution; or 
           (4) hired, offered to hire, or agreed to hire the 
        individual to engage in prostitution, knowing or having reason 
        to believe that the individual was coerced into or coerced to 
        remain in prostitution by another person. 
           For purposes of clauses (1) and (2), money payment by a 
        patron, as defined in section 609.321, subdivision 4, is not 
        coercion under section 611A.80, subdivision 2, clause (5) or 
        (11), or exploiting needs for food or shelter under section 
        611A.80, subdivision 2, clause (23). 
           Clause (3) does not apply to minor children who are 
        dependent on the individual and who may have benefitted from or 
        been supported by the individual's earnings derived from 
        prostitution. 
           (b) An individual has a cause of action against a person 
        who did the following while the individual was a minor: 
           (1) solicited or induced the individual to practice 
        prostitution; 
           (2) promoted the prostitution of the individual; 
           (3) collected or received the individual's earnings derived 
        from prostitution; or 
           (4) hired, offered to hire, or agreed to hire the 
        individual to engage in prostitution. 
           Mistake as to age is not a defense to an action under this 
        paragraph. 
           Subd. 2.  [DAMAGES.] A person against whom a cause of 
        action may be maintained under subdivision 1 is liable for the 
        following damages that resulted from the plaintiff's being used 
        in prostitution or to which the plaintiff's use in prostitution 
        proximately contributed: 
           (1) economic loss, including damage, destruction, or loss 
        of use of personal property; loss of past or future income or 
        earning capacity; and income, profits, or money owed to the 
        plaintiff from contracts with the person; and 
           (2) damages for death as may be allowed under section 
        573.02, personal injury, disease, and mental and emotional harm, 
        including medical, rehabilitation, and burial expenses; and pain 
        and suffering, including physical impairment. 
           Sec. 3.  [611A.82] [ACTS NOT DEFENSES.] 
           None of the following shall alone or jointly be a 
        sufficient defense to an action under section 2:  
           (1) the plaintiff consented to engage in acts of 
        prostitution; 
           (2) the plaintiff was paid or otherwise compensated for 
        acts of prostitution; 
           (3) the plaintiff engaged in acts of prostitution prior to 
        any involvement with the defendant; 
           (4) the plaintiff apparently initiated involvement with the 
        defendant; 
           (5) the plaintiff made no attempt to escape, flee, or 
        otherwise terminate contact with the defendant; 
           (6) the defendant had not engaged in prior acts of 
        prostitution with the plaintiff; 
           (7) as a condition of employment, the defendant required 
        the plaintiff to agree not to engage in prostitution; or 
           (8) the defendant's place of business was posted with signs 
        prohibiting prostitution or prostitution-related activities. 
           Sec. 4.  [611A.83] [EVIDENCE.] 
           Subdivision 1.  [USE IN OTHER PROCEEDINGS.] In the course 
        of litigation under section 2, any transaction about which a 
        plaintiff testifies or produces evidence does not subject the 
        plaintiff to criminal prosecution or any penalty or forfeiture.  
        Any testimony or evidence, documentary or otherwise, or 
        information directly or indirectly derived from that testimony 
        or evidence that is given or produced by a plaintiff or a 
        witness for a plaintiff may not be used against that person in 
        any other investigation or proceeding, other than a criminal 
        investigation or proceeding for perjury committed while giving 
        the testimony or producing the evidence. 
           Subd. 2.  [CONVICTIONS.] Evidence of convictions for 
        prostitution or prostitution-related offenses is inadmissible in 
        a proceeding brought under section 2 for purposes of attacking 
        the plaintiff's credibility.  If the court admits evidence of 
        prior convictions for purposes permitted under Minnesota Rules 
        of Evidence, rule 404(b) with respect to motive, opportunity, 
        intent, preparation, plan, knowledge, identity, or absence of 
        mistake or accident, the fact finder may consider the evidence 
        solely for those purposes and shall disregard details offered to 
        prove any fact that is not relevant. 
           Sec. 5.  [611A.84] [STATUTE OF LIMITATIONS.] 
           An action for damages under section 2 must be commenced not 
        later than six years after the cause of action arises, except 
        that the running of the limitation period is suspended during 
        the time that coercion as defined in section 1 continues, or as 
        otherwise provided by section 541.13 or 541.15. 
           Sec. 6.  [611A.85] [OTHER REMEDIES PRESERVED.] 
           Sections 1 to 9 do not affect the right of any person to 
        bring an action or use any remedy available under other law, 
        including common law, to recover damages arising out of the use 
        of the individual in prostitution or the coercion incident to 
        the individual being used in prostitution; nor do sections 1 to 
        9 limit or restrict the liability of any person under other law. 
           Sec. 7.  [611A.86] [DOUBLE RECOVERY PROHIBITED.] 
           A person who recovers damages under sections 1 to 9 may not 
        recover the same costs or damages under any other law.  A person 
        who recovers damages under any other law may not recover for the 
        same costs or damages under sections 1 to 9. 
           Sec. 8.  [611A.87] [AWARD OF COSTS.] 
           Upon motion of a prevailing party in an action under 
        sections 1 to 9, the court may award costs, disbursements, and 
        reasonable attorney fees and witness fees to the party. 
           Sec. 9.  [611A.88] [NO AVOIDANCE OF LIABILITY.] 
           No person may avoid liability under sections 1 to 9 by 
        means of any conveyance of any right, title, or interest in real 
        property, or by any indemnification, hold harmless agreement, or 
        similar agreement that purports to show consent of the plaintiff.
           Sec. 10.  [EFFECTIVE DATE; APPLICATION.] 
           (a) Sections 1 to 9 are effective August 1, 1994, and apply 
        to actions commenced on or after the effective date. 
           (b) For activities described in section 2, subdivision 1, 
        that occurred between August 1, 1988, and July 31, 1994, an 
        action for damages must be commenced not later than August 1, 
        1995, or six years after the cause of action arises, whichever 
        is later; except that the running of the limitation period is 
        suspended during the time that coercion continues. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 3:50 p.m.