Minnesota Session Laws - 2009, Regular Session

CHAPTER 137--H.F.No. 1505

An act

relating to public safety; authorizing commissioner of public safety to gather and compile data on human trafficking every two years; increasing criminal penalties for certain promoting prostitution/sex trafficking offenses; expanding the sex trafficking and labor trafficking crimes; adding the promotion of prostitution/sex trafficking crime to the firearm law's definition of crime of violence and the victim rights law's definition of violent crime; expanding the prostitution penalty enhancement provision for repeat offenders; broadening the prostitution in a public place crime;

amending Minnesota Statutes 2008, sections 299A.785, subdivision 2; 609.281, subdivision 5; 609.321, subdivisions 7, 7a, 12, by adding a subdivision; 609.322; 609.324, subdivisions 2, 3; 611A.036, subdivision 7; 624.712, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 299A.785, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Report and annual deleted text end Publication.

deleted text begin (a) By September 1, 2006, the commissioner of public safety shall report to the chairs of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding a summary of its findings. This report shall include, to the extent possible, the information to be collected in subdivision 1 and any other information the commissioner finds relevant to the issue of trafficking in Minnesota. deleted text end

deleted text begin (b) deleted text end The commissioner shall gather deleted text begin , deleted text end new text begin and new text end compile deleted text begin , and publish deleted text end annually statistical data on the extent and nature of trafficking in Minnesota. new text begin The commissioner shall publish the data every two years. new text end This deleted text begin annual deleted text end publication shall be available to the public and include, to the extent possible, the information to be collected in subdivision 1 and any other information the commissioner finds relevant to the issue of trafficking in Minnesota.

Sec. 2.

Minnesota Statutes 2008, section 609.281, subdivision 5, is amended to read:

Subd. 5.

Labor trafficking.

"Labor trafficking" means new text begin : new text end

new text begin (1) new text end the recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, deleted text begin whether a United States citizen or foreign national, deleted text end for the purpose of:

deleted text begin (1) deleted text end new text begin (i) new text end debt bondage or forced labor or services;

deleted text begin (2) deleted text end new text begin (ii) new text end slavery or practices similar to slavery; or

deleted text begin (3) deleted text end new text begin (iii) new text end the removal of organs through the use of coercion or intimidation deleted text begin . deleted text end new text begin ; or new text end

new text begin (2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described in clause (1). 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 7, is amended to read:

Subd. 7.

Promotes the prostitution of an individual.

"Promotes the prostitution of an individual" means any of the following wherein the person knowingly:

(1) solicits or procures patrons for a prostitute; deleted text begin or deleted text end

(2) provides, leases or otherwise permits premises or facilities owned or controlled by the person to aid the prostitution of an individual; deleted text begin or deleted text end

(3) owns, manages, supervises, controls, keeps or operates, either alone or with others, a place of prostitution to aid the prostitution of an individual; deleted text begin or deleted text end

(4) owns, manages, supervises, controls, operates, institutes, aids or facilitates, either alone or with others, a business of prostitution to aid the prostitution of an individual; deleted text begin or deleted text end

(5) admits a patron to a place of prostitution to aid the prostitution of an individual; new text begin or new text end

(6) transports an individual from one point within this state to another point either within or without this state, or brings an individual into this state to aid the prostitution of the individual deleted text begin ; or deleted text end

deleted text begin (7) engages in the sex trafficking of an individual 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. 4.

Minnesota Statutes 2008, section 609.321, subdivision 7a, is amended to read:

Subd. 7a.

Sex trafficking.

"Sex trafficking" means new text begin : new text end

new text begin (1) new text end receiving, recruiting, enticing, harboring, providing, or obtaining by any means an individual to aid in the prostitution of the individual deleted text begin . deleted text end new text begin ; or new text end

new text begin (2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described in clause (1). 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. 5.

Minnesota Statutes 2008, section 609.321, subdivision 12, is amended to read:

Subd. 12.

Public place.

A "public place" means a public street or sidewalk, a pedestrian skyway system as defined in section 469.125, subdivision 4, a hotel, motel, new text begin steam room, sauna, massage parlor, shopping mall and other public shopping areas, new text end or other place of public accommodation, a place licensed to sell intoxicating liquor, wine, nonintoxicating malt beverages, or food, or a motor vehicle located on a public street, alley, or parking lot ordinarily used by or available to the public though not used as a matter of right and a driveway connecting such a parking lot with a street or highway.

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 609.321, is amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Prior qualified human trafficking-related offense. new text end

new text begin A "prior qualified human trafficking-related offense" means a conviction or delinquency adjudication within the ten years from the discharge from probation or parole immediately preceding the current offense for a violation of or an attempt to violate section 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex trafficking in the first degree); 609.322, subdivision 1a (solicitation, inducement, and promotion of prostitution; sex trafficking in the second degree); 609.282 (labor trafficking); or 609.283 (unlawful conduct with respect to documents in furtherance of labor or sex trafficking). 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. 7.

Minnesota Statutes 2008, section 609.322, is amended to read:

609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION new text begin ; SEX TRAFFICKING new text end .

Subdivision 1.

deleted text begin Individuals under age 18 deleted text end new text begin Solicitation, inducement, and promotion of prostitution; sex trafficking in the first degree new text end .

new text begin (a) new text end 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 20 years or to payment of a fine of not more than deleted text begin $40,000 deleted text end new text begin $50,000 new text end , or both:

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

(2) promotes the prostitution of an individual under the age of 18 years; deleted text begin or deleted text end

(3) 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 18 years new text begin ; or new text end

new text begin (4) engages in the sex trafficking of an individual under the age of 18 years new text end .

new text begin (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $60,000, or both, if one or more of the following aggravating factors are present: new text end

new text begin (1) the offender has committed a prior qualified human trafficking-related offense; new text end

new text begin (2) the offense involved a sex trafficking victim who suffered bodily harm during the commission of the offense; new text end

new text begin (3) the time period that a sex trafficking victim was held in debt bondage or forced labor or services exceeded 180 days; or new text end

new text begin (4) the offense involved more than one sex trafficking victim. new text end

Subd. 1a.

deleted text begin Other offenses deleted text end new text begin Solicitation, inducement, and promotion of prostitution; sex trafficking in the second degree new text end .

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 15 years or to payment of a fine of not more than deleted text begin $30,000 deleted text end new text begin $40,000 new text end , or both:

(1) solicits or induces an individual to practice prostitution; deleted text begin or deleted text end

(2) promotes the prostitution of an individual; deleted text begin or deleted text end

(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual new text begin ; or new text end

new text begin (4) engages in the sex trafficking of an individual new text end .

Subd. 1b.

Exceptions.

Subdivisions 1, clause (3), and 1a, clause (3), do not apply to:

(1) a minor who is dependent on an individual acting as a prostitute and who may have benefited from or been supported by the individual's earnings derived from prostitution; or

(2) a parent over the age of 55 who is dependent on an individual acting as a prostitute, who may have benefited from or been supported by the individual's earnings derived from prostitution, and who did not know that the earnings were derived from prostitution; or

(3) the sale of goods or services to a prostitute in the ordinary course of a lawful business.

Subd. 1c.

Aggregation of cases.

Acts by the defendant in violation of any one or more of the provisions in this section within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this section; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision.

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. 8.

Minnesota Statutes 2008, section 609.324, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Solicitation or acceptance of solicitation to engage in deleted text end Prostitution new text begin in public place new text end ; penalty.

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 intentionally does any of the following 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 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) hires or offers or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact. new text end

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.

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, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Engaging in, hiring, or agreeing to hire adult to engage in deleted text end new text begin General new text end prostitution new text begin crime new text end ; penalties.

(a) Whoever intentionally does any of the following deleted text begin 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 is guilty of a misdemeanor new text end :

(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 this deleted text begin clause or clause (1) deleted text end new text begin paragraph new text end while acting as a patron 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 new text begin prostitution new text end 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 for violating this section or section 609.322 is guilty of a 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 deleted text end new text begin violating this paragraph new text end 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.

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 611A.036, subdivision 7, is amended to read:

Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or attempt to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21 (criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282 (labor trafficking); new text begin 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); new text end 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson in the first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first degree; occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph (b), (drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle).

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. 11.

Minnesota Statutes 2008, section 624.712, subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); new text begin 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); new text end 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a motor vehicle without the consent of the owner or authorized agent of the owner, theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, and theft involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment and stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.

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

Presented to the governor May 20, 2009

Signed by the governor May 21, 2009, 10:37 a.m.