Prostitution Defense Lawyer in Minneapolis & Saint Paul, MN

Have you been accused of Prostitution in the Minneapolis, MN Twin Cities area?

If so, hiring a criminal defense attorney is the best thing you can do to fight these allegations. The team at Brandt Kettwick Defense have over 30 years of experience handling prostitution allegations. We have successfully defended these charges and have secured not guilty verdicts in jury trials, dismissals, and negotiated significantly reduced charges.

Prostitution charges can range from misdemeanors to felonies depending on whether there are prior convictions, the ages of the alleged victims involved, whether a person was acting as a patron, and whether there was an offer or an agreement made in a public place.

Prostitution is generally defined as:

hiring, offering to hire, or agreeing to hire another individual to engage in sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual contact.

Prostitution can, therefore, encompass a variety of actions. These actions can be physical, sexual, or merely verbal (even if electronic). The possible consequences of a prostitution conviction can include significant jail or prison time and fines. In addition to these consequences you could also face collateral consequences if you are convicted of prostitution, including sex offender registry and making a notation of the conviction on a person’s driving record.

In addition to hiring or engaging in prostitution, there are also laws against housing prostitutes, acting as a prostitute, and others.

Let us work with you to develop a plan to protect you and your future.

Contact us today to schedule your free consultation at 763-421-6366.

Prostitution Information & Guides

Penalties

All penalties listed below are the maximum penalty that can be imposed under Minnesota Law unless otherwise specified.

Subdivision 1

Prostitution involving a minor under the age of thirteen: Felony – 20 years and/or a $40,000 fine.
Prostitution involving a minor under age sixteen but thirteen or older: Felony – 10 years and/or a $20,000 fine.
Prostitution involving a minor under age eighteen but sixteen or older: Felony – 5 years and/or a $10,000 fine.

Subdivision 1a

Gross Misdemeanor: one year in jail and/or a $3,000 fine.

Subdivision 2

Gross Misdemeanor: one year in jail and/or a $3,000 fine. A person who is convicted of violating this subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.

Subdivision 3

Misdemeanor: 90 days in jail and/or a $1,000 fine. Unless this is a second time offense within two years of a previous prostitution conviction then a Gross Misdemeanor: one year in jail and/or a $3,000 fine.

Subdivision 6

Gross Misdemeanor: one year in jail and/or a $3,000 fine.

Subdivision 7

Misdemeanor: 90 days in jail and/or a $1,000 fine.

Statutes

PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES (Minn. Stat. § 609.324)

Subdivision 1.Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties.

Victim under 13
Whoever intentionally does any of the following:
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
Victim under 16 but at least 13
Whoever intentionally does any of the following:
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
Victim under 18 but at least 16
Whoever intentionally does any of the following:
1. engages in prostitution with an individual under the age of 18 years but at least 16 years;
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; or
3. hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 18 years to engage in sexual penetration or sexual contact.

Subd. 1a.Housing unrelated minor engaged in prostitution; penalties.

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. This subdivision does not apply to residential placements made, sanctioned, or supervised by a public or private social service agency.

Subd. 2. Prostitution in public place; penalty for patrons.

Whoever, while acting as a patron, intentionally does any of the following while in a public place is guilty of a gross misdemeanor:
1. engages in prostitution with an individual 18 years of age or older; or
2. hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this

Subd. 3. General prostitution crimes; penalties for patrons.

Whoever, while acting as a patron, intentionally does any of the following:
1. engages in prostitution with an individual 18 years of age or older; or
2. hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.
Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph 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.

Subd. 6. Prostitution in public place; penalty for prostitutes.

Whoever, while acting as a prostitute, intentionally does any of the following while in a public place:
1. engages in prostitution with an individual 18 years of age or older; or
2. is hired, offers to be hired, or agrees to be hired by an individual 18 years of age or older to engage in sexual penetration or sexual contact.

Subd. 7. General prostitution crimes; penalties for prostitutes.

Whoever, while acting as a prostitute, intentionally does any of the following:
1. engages in prostitution with an individual 18 years of age or older; or
2. is hired, offers to be hired, or agrees to be hired by an individual 18 years of age or older to engage in sexual penetration or sexual contact.

Glossary

Business of prostitution: any arrangement between or organization of two or more persons, acting other than as prostitutes or patrons, who commit prostitution.

Patron: an individual who engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to engage in sexual penetration or sexual contact.

Place of prostitution: a house or other place where prostitution is practiced.

Prostitute: an individual who engages in prostitution by being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual contact.

Prostitution: hiring, offering to hire, or agreeing to hire another individual to engage in sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual contact.

Sexual contact: the intentional touching by an individual of a prostitute’s intimate parts or intentional touching by a prostitute of another individual’s intimate part for the purpose of satisfying sexual impulses.

Sexual penetration: sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion however slight into the genital or anal openings of an individual’s body by any part of another individual’s body or any object used for the purpose of satisfying sexual impulses. Emission of semen is not necessary.

Public Place: a public street or sidewalk, a pedestrian skyway system, a hotel, motel, steam room, sauna, massage parlor, shopping mall and other public shopping areas, 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.

FAQ

What if no money was exchanged?

Prostitution is defined as hiring, offering, or agreeing to engage in sexual penetration or sexual contact. Therefore, a person can be charged with prostitution without exchanging money.

Will I have to register as a sex offender if I am convicted?

If a person is convicted for prostitution charges involving soliciting a minor, that person will be required to register as a “predatory offender.” Other prostitution charges do not automatically entail sex offender registry.

What if I did not know how old the other person was?

Knowledge of the age of the other person is part of the intent requirement for a prostitution conviction.

What if I really just wanted a massage?

The State must prove that a person offered, agreed to, or engaged in, sexual contact or sexual penetration. A prostitution conviction cannot prevail without proving this.

What Should I Do?

Anytime you are charged with a crime, you should do two things:

1. Contact a criminal defense attorney; and,

2. Do NOT talk to the cops.

Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney present.