Soliciting a professional sex worker or any other person for sexual favors is illegal in Minnesota, and can be charged as a second degree sex trafficking violation. Trying to obtain the services of a prostitute – also known as solicitation – is as serious of an offense as peddling or encouraging sexual activities for money, favors, or benefits, according to the state’s laws.
A charge of soliciting sexual acts could result in serious criminal accusations that could adversely impact your future. If you are being accused of solicitation, contact an experienced Minnesota sex crimes lawyer as early as possible to safeguard your rights during the legal process.
Call Jeff Dean today at (612) 305-4360 if you or a loved one has been accused of solicitation and would like to learn more about your legal options.
How many years in jail do you get for soliciting?
The maximum penalties for solicitation in Minnesota vary, but they may include:
- Maximum sentence of 20 years imprisonment
- Fines of up to $50,000
- Lifelong registration as a sex offender
Penalties will also rise based on the circumstances surrounding your arrest. Authorities can prosecute solicitation offenders with a misdemeanor or felony count depending on a number of factors. Minn. Stat. § 609.324.
Prosecutors will look at more variables while establishing your charges, such as:
- the prostitute’s age,
- the solicitation’s location,
- the accused’s previous convictions, and
- whether a violent crime or another sex offense took place at the same time.
Any act of solicitation involving a juvenile (under the age of 18) is a felony. As the child’s age lowers, the gravity of the crime rises.
- The maximum penalty for soliciting a minor under the age of 13 is 20 years imprisonment and a $40,000 fine.
- Soliciting a minor under the age of 16, but at least 13, carries a maximum punishment of ten years imprisonment and a $20,000 fine.
- Solicitation of a child under the age of 18 but at least 16 is punishable by up to five years imprisonment and a $10,000 fine.
How do you beat a solicitation charge in MN?
Entrapment, misunderstanding, insufficient proof, lack of viable evidence, and legal impossibility are all defenses to solicitation charges. A variety of elements influence the efficiency of each defense. These factors include the evidence at hand, police misconduct, and so on. As a result, anyone accused with solicitation should obtain legal advice from a Minneapolis criminal defense attorney. An individual cannot be convicted of solicitation in Minnesota if it can be proven that the subject was pressured into the action, that evidence is absent, or that it was a case of misunderstanding.
What are defenses to a solicitation charge?
In addition to any other defenses that may apply to a case, there are various statutory defenses. Being a victim of sex trafficking who feared being harmed if he or she won’t engage in prostitution is a defense to prostitution-related offenses.
Additionally, children or older individuals (over 55) who are financially supported by a prostitute’s earnings are exempt from the sex trafficking law. This is beneficial to prostitutes who are attempting to support their families. Housing unrelated children for prostitution is not permitted by public or private social service institutions (i.e. foster homes or prostitution recovery programs).
It is not a defense if a person who was asked to engage in prostitution did not do so or had previously done so. An error concerning age or consent is also no defense to allegations of prostitution with children.
If you have been charged with solicitation in Minnesota, you must act immediately to begin preparing your defense. Even if you know you are innocent of the criminal allegations, the prosecution is definitely working on a means to put you in jail. Whatever your circumstances, you have the right to a fair defense under the Constitution, which an experienced Minneapolis Solicitation Lawyer can give.
Contact us
If you or a loved one has been arrested, accused, or interrogated for a solicitation or prostitution offense, contact Jeff Dean today at (612) 305-4360 for a confidential assessment of your case.