Minnesota Legislature
HF 2859
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14
1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17
A bill for an act
relating to crimes; prohibiting facilitation of sex tourism; providing civil and
criminal penalties; amending Minnesota Statutes 2004, sections 609.321, by
adding a subdivision; 609.322, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 609.321, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Facilitates sex tourism. new text end
new text begin
"Facilitates sex tourism" means, for the purpose
of commercial advantage or private financial gain, arranges, induces, procures, or
facilitates the travel of a person knowing that the person intends to travel or is traveling
in interstate commerce or foreign commerce for the purpose of engaging in prostitution.
For purposes of this subdivision, "prostitution" means that term as defined in this chapter,
and it is irrelevant whether prostitution is legal in the jurisdiction in which it is or will
be committed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2004, section 609.322, subdivision 1a, is amended to read:
Subd. 1a.
Other offenses.
new text begin (a) new text end 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; or
(2) promotes the prostitution of an individual; or
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individualnew text begin ; or
new text end
new text begin (4) facilitates sex tourismnew text end .
new text begin
(b) In addition to any criminal penalty, a person who violates paragraph (a), clause
(4), is subject to a civil penalty not to exceed $20,000 for each violation. The attorney
general or the appropriate county attorney may bring an action under this paragraph in the
name of the state in a district court of a county in which any part of the violation occurred.
In determining the amount of the civil penalty, the court shall consider:
new text end
new text begin
(1) any previous violation of paragraph (a), clause (4), by the person;
new text end
new text begin
(2) the seriousness of the violation, including the nature, circumstances, extent, and
gravity of the violation;
new text end
new text begin
(3) any demonstrated good faith of the person; and
new text end
new text begin
(4) the amount necessary to deter future violations.
new text end
new text begin
A civil penalty collected under this paragraph must be distributed in the same
manner as proceeds of forfeiture under section 609.5315, subdivision 5b.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end