Defense of Minnesota Solicitation & Prostitution Charges
Getting arrested for soliciting a prostitute is an embarrassing experience for any man. The collateral, sometimes hidden, consequences of a conviction for solicitation are often worse than the direct consequences of fines and jail time.
Don’t make a bad situation worse. Contact the Balmer Law Office to educate yourself. Learn what you can expect about the court proceedings, potential defenses, and what you can do to position yourself for the very best outcome. Minneapolis sex crimes defense attorney David Balmer offers free, confidential case evaluations and is available via the firm’s 24-hour hotline: 612-326-4175.
Minnesota Solicitation & Prostitution Law
What is Solicitation?
Under Minnesota law prostitution is essentially defined as engaging, or agreeing to engage in, sexual penetration or sexual contact for hire. The terms “sexual penetration” and “sexual contact” are broadly defined. The crime is in the agreement — a sexual act is not necessary for the State to convict you.
Penalties for Patrons: Misdemeanor, Gross Misdemeanor, and Felony-level Solicitation / Prostitution Offenses
Minnesota law varies its penalties for solicitation based on the age of the purported prostitute, location of the offense, and prior convictions of the patron.
Any solicitation offense involving a minor (anyone under the age of 18) is a felony. The severity of the crime increases as the age of the child decreases.
Solicitation of a child under the age of 13 carries a maximum penalty of 20 years in prison and a $40,000 fine.
Solicitation of a child under the age of 16, but at least 13 years old, carries a maximum penalty of 10 years in prison and a $20,000 fine.
Solicitation of a child under the age of 18, but at least 16 years old, carries a maximum penalty of five years in prison and a $10,000 fine.
Additionally, a repeat violation of an otherwise gross misdemeanor-level solicitation offense can be charged as a felony if the patron has a prior conviction for solicitation and the offense occurred in a school or park-zone.
The base-level offense for soliciting an adult prostitute is a misdemeanor. It carries a maximum sentence of 90 days in jail and a $1,000 fine. Unlike most misdemeanor offenses, a mandatory minimum fine of $500 applies to all convictions. In addition, a special “penalty assessment” of at least $500, but not more than $750, applies to all convictions.
While the base-level offense for solicitation is a misdemeanor, the more common offense is soliciting a prostitute in a public place, which is a gross misdemeanor offense. This is because Minnesota law enforcement most frequently conducts its sting operations in so-called public places. Minnesota law defines a public place to include a privately rented hotel room.
In addition to soliciting a prostitute in a public place, a second prostitution-related offense within two years of a previous conviction will also be charged as a gross misdemeanor offense. All gross misdemeanor solicitation offenses are subject to a maximum sentence of 365 days in jail and a $3,000 fine. Just as with misdemeanor offenses, a mandatory minimum fine and special “penalty assessment” applies to all convictions. For gross misdemeanor offenses the minimum fine is $1,000; the penalty assessment must be at least $750, but not more than $1,000.
Consequences of a Minnesota Solicitation Conviction
Forfeiture of Motor Vehicle (Police Can Take Your Car!)
If a motor vehicle was used in the commission of any prostitution-related offense it may be seized and forfeited! This is an especially harsh penalty. And it is NOT limited to felony offenses or repeat offenders.
Forfeiture of Personal Property (Police Can Take Your Cash, Cell Phone, or Computer!)
Any personal property used in the commission of a prostitution-related offense is subject to forfeiture. This typically includes all cash or currency that was possessed at the time of the offense as well as cell phones and computers used in the commission of the offense.
Certification of Conviction to Driving Record
A permanent record of your conviction will be noted on your driving record. For first time offenses the record will be classified as private data — only viewable by law enforcement. Convictions for subsequent offenses will be classified as public data.
Loss or Suspension of a Professional License and Difficulty Finding a Job
A solicitation or prostitution conviction may result in the loss or suspension of a professional license. Additionally, a prostitution conviction will obviously make it more difficult to obtain meaningful employment.
Loss of Right to Vote
In Minnesota, a felony conviction results in the loss of certain civil rights. Convicted felons may not vote or serve on a jury.
Contact the Balmer Law Office — Minnesota Sex Crimes Defense Attorney
If you or a loved one has been arrested, charged, or questioned regarding a solicitation or prostitution offense contact the Balmer Law Office for a free, confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
David Balmer
David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More
