Buying and selling sexuality has been around for a long time. The trouble is that it is an unregulated market that involves human beings more intimately than other service markets.
Why is prostitution illegal?
It has attracted abuse and criminal activity as well as disease. Like most criminal law, the laws criminalizing prostitution have a basis in religious discussion. The Proverbs relate the prostitute to the adulteress, describing the former as a “deep pit” and the latter as a woman who “lies in wait like a robber.” The Proverbs say, “… the lips of an immoral woman drip honey. And her mouth is smoother than oil. But in the end, she is bitter as wormwood.”
Much of the biblical and ancient notions of prostitution have to do with the concept of women corrupting men and making them victims of their own weaknesses. Prostitution is among the “victimless crimes,” where the worst harm comes to the perpetrator. Prostitution is prosecuted largely because it is disruptive to society in general, especially to essential institutions like the family and monogamy.
Prostitution (being a prostitute) has always been frowned upon and the organization of prostitution has always been illegal in the United States, with few exceptions. Bawdy houses existed in mining towns where enforcement was lax and there was a desperate social need for these services. Many of the laws regarding prostitution forbid the licensing of prostitution houses. Kansas Law in 1879 reads, “No license shall ever be granted for any house of prostitution.” That goes along with laws about gambling. These are considered immoral businesses.
Prostitution Law in Minnesota.
The onus of punishment in modern Minnesota law has broadened its emphasis to cover those who “pimp” (or merchandise) and those why buy sexual services. There is also special punitive attention to those who bring (recruit or sell sexual services of) people under 18 years-old into prostitution.
Sex Trafficking in the First Degree prohibits,
- Soliciting prostitution services to customers under 18.
- Promoting sexual services to customers under 18.
- Owning or managing a place where sexual services to people under 18 are offered.
- Transporting someone under 18 to a place where sexual services are offered.
- Receiving profit from the above.
Sex Trafficking in the Second Degree prohibits,
- Prostitution services for people over 18.
- Housing minors for prostitution.
- Hiring prostitutes in general.
- Agreeing to be hired as a prostitute for customers over 18.
Penalties for Prostitution.
The criminal penalties for prostitution in Minnesota are stiff.
- Conviction for Sex Trafficking in the First Degree carries prison terms of up to 25 years and fines of up to $50,000. If the prostitution includes holding the prostitute in debt bondage or forced labor, or in a setting with more than one prostitute, the penalty is increased to 25 years and the fine to $60,000.
- Conviction for Sex Trafficking in the Second Degree carries a prison term up to 15 years and a fine of up to $40,000. Sentences vary by the age of the prostitute hired, from 25 years for children under 13 years-old to 5 years for minors who are 16 or 17 years-old.
- Lesser prostitution crimes carry smaller penalties. Housing minors for prostitution carries a one-year prison term and $3,000 fine.
- Being a customer (a “John”) is also punishable with sentences varied depending on the location of the crime and prior offenses. Sentences run from three-years (for violation in school yards or public parks)and $4,500 fines to a driver’s license record.
- Adult sex buyers and sex traffickers are also assessed court costs of between $500 and $1,000.
- Being a prostitute is penalized as a gross misdemeanor, with penalties depending on location and prior convictions, from one year in jail and a $3,000 fine to 90 days in jail and a $1,000 fine.
- Loitering in a public place for prostitution is punished as a misdemeanor.
- Anyone convicted of employing minor prostitutes will be required to register as a sex offender.
Legal Defenses for Prostitution Crimes.
Sex trafficking victims, those who offer sexual services, who can show they would be in danger of being beaten if they refused to sell their services can use that as a defense. Children of prostitutes or older adults who gain from prostitution are exempt from charges. Claiming ignorance of the prostitute’s age or the fact that the sexual experience was prostitution is a poor defense.
Defending yourself against a charge of prostitution is complex and difficult. If you are charged with sex trafficking at any level, you will need the services of an experienced defense attorney who may be able to minimize your sentence or recommend a viable defense.
Carson J. Heefner has more than 25 years of experience defending people against various charges in both State and Federal courts. Please contact us for a consultation or to find out more.