§ 609.322 — Solicitation, Inducement, and Promotion of Prostitution; Sex Trafficking
Plain-Language Summary
Sex trafficking is a serious felony in Minnesota. First-degree sex trafficking involves victims under 18 and carries up to 25 years in prison and a fine up to $50,000. Second-degree sex trafficking involves adult victims and carries up to 20 years and a fine up to $40,000. When an aggravating factor is present (such as a prior offense, bodily harm, debt bondage or forced labor exceeding 180 days, or more than one victim), a first- or second-degree offense carries up to 30 years and a $60,000 fine. The statute sets presumptive executed sentences of 77 to 108 months and 123 to 172 months depending on the offense and aggravating factors, with sentencing outside those ranges treated as a Guidelines departure.
609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION; SEX TRAFFICKING.
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Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking in the first degree.
(a) 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 25 years or to payment of a fine of not more than $50,000, 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;
(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 years; or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced or coerced labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
(c) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that: (1) an executed sentence of between 77 and 108 months must be imposed on an offender convicted of violating (i) this subdivision under the conditions described in paragraph (a), or (ii) subdivision 1a under the conditions described in paragraph (b); and (2) an executed sentence of between 123 and 172 months must be imposed on an offender convicted of violating this subdivision under the conditions described in paragraph (b). Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines. §
Subd. 1a.Solicitation, inducement, and promotion of prostitution; sex trafficking in the second degree.
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 to practice prostitution;
(2) promotes the prostitution of an individual;
(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; or
(4) engages in the sex trafficking of an individual. §
Subd. 1b.Exceptions.
Subdivisions 1, paragraph (a), 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. §
Subd. 2.
[Repealed, 1998 c 367 art 2 s 33] §
Subd. 3.
[Repealed, 1998 c 367 art 2 s 33]
History:
1979 c 255 s 2; 1984 c 628 art 3 s 11; 1986 c 448 s 2; 1992 c 571 art 4 s 9; 1998 c 367 art 2 s 12-14; 2000 c 431 s 2; 1Sp2003 c 2 art 10 s 1; 2009 c 137 s 7; 1Sp2021 c 11 art 2 s 32,33; 2023 c 27 s 12; 2025 c 35 art 4 s 9
History: History: 1979 c 255 s 2; 1984 c 628 art 3 s 11; 1986 c 448 s 2; 1992 c 571 art 4 s 9; 1998 c 367 art 2 s 12-14; 2000 c 431 s 2; 1Sp2003 c 2 art 10 s 1; 2009 c 137 s 7; 1Sp2021 c 11 art 2 s 32,33; 2023 c 27 s 12; 2025 c 35 art 4 s 9