Minnesota Legislature
HF 1505
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am
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A bill for an act
relating to public safety; increasing criminal penalties for certain sex trafficking
offenses; adding sex trafficking to the definition of crime of violence; amending
Minnesota Statutes 2008, sections 609.281, subdivision 5; 609.321, subdivision
7a; 609.322; 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 609.281, subdivision 5, is amended to read:
Subd. 5.
Labor trafficking.
"Labor trafficking" meansnew 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, whether a United States citizen or foreign
national, 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 intimidationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) benefitting, financially or by receiving anything of value, from participation in a
venture that has engaged in an act described in clause (1).
new text end
Sec. 2.
Minnesota Statutes 2008, section 609.321, subdivision 7a, is amended to read:
Subd. 7a.
Sex trafficking.
"Sex trafficking" meansnew 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 individualdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) benefitting, financially or by receiving anything of value, from participation in a
venture that has engaged in an act described in clause (1).
new text end
Sec. 3.
Minnesota Statutes 2008, section 609.322, is amended to read:
609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF
PROSTITUTIONnew text begin ; SEX TRAFFICKINGnew text end .
Subdivision 1.
Individuals under age 18.
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 $40,000,
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
yearsdeleted text begin .deleted text end 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
Subd. 1a.
Other offenses.
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 $30,000, 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 individualdeleted text begin .deleted text end 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 Subd. 1d. new text end
new text begin
Sex trafficking; enhanced penalty based on aggravating factors.
new text end
new text begin
(a) As used in this subdivision:
new text end
new text begin
(1) "aggravating factor" means situations where:
new text end
new text begin
(i) the offender has committed a prior qualified human trafficking-related offense;
new text end
new text begin
(ii) the offense involved a sex trafficking victim who suffered bodily harm during
the commission of the offense;
new text end
new text begin
(iii) 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
(iv) the offense involved more than one sex trafficking victim; and
new text end
new text begin
(2) "prior qualified human trafficking-related offense" means a conviction or
delinquency adjudication within the ten years immediately preceding the current offense
for a violation of or an attempt to violate subdivision 1, clause (4) (sex trafficking of an
individual under age 18); subdivision 1a, clause (4) (sex trafficking of an individual age
18 or over); section 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
(b) Notwithstanding the statutory maximum sentence described in subdivision 1 or
1a, a person who intentionally violates subdivision 1, clause (4), or 1a, clause (4), may be
sentenced to imprisonment for not more than 25 years or to payment of a fine of not more
than $50,000, or both, if one or more aggravating factors are present.
new text end
Sec. 4.
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, subdivision 1, clause (4), or 1a, clause (4) (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).
Sec. 5.
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.