Minor prostitution penalties would increase under law change proposal

ST. PAUL, Minn. (FOX 9) - Minnesota’s lawmakers are hoping to correct what they see as an inequity in state law punishments for those who engage in the prostitution of underage minors – increasing potential sentences for those found guilty in several age range categories.

Minor prostitution in Minnesota

Dig deeper:

"Believe it or not, our statutes are misaligned in such a terrible way that criminal sexual conduct is a higher penalty than prostitution of a minor," explained Rep. Marion Rarick (R-Maple Lake) before the House Public Safety Finance and Policy Committee on Wednesday. "If you’re going to buy or sell a minor for sex, the penalty is currently lower."

Rarick said she came across the imbalance of penalties when Rep. Pete Johnson (DFL-Duluth) was reviewing statutes. 

If approved into law, H.F. 128 would increase criminal penalties for minor prostitution to the same level of criminal sexual conduct.

When a victim is under the age of 14 years old, the penalty would be increased from 20 years to up to 30 years, a fine of $40,000 or both – the same penalty reserved for first-degree criminal sexual conduct.

If the victim is between 14 and 16 years old, the penalty would be increased from 10 to 15 years, a $30,000 fine or both – mimicking that of a sentence for third-degree criminal sexual conduct.

If the victim is 16 to 18 years old, the penalty would double from 5 to 10 years, be a $20,000 fine or both – the same as fourth-degree criminal sexual conduct.

The new penalties would be effective Aug. 1, 2025, and apply to crimes committed on or after that date, if signed into law.

What they're saying:

"This is yet another piece that has come to light as we’ve done work for many years trying to reform criminal sexual conduct statutes, and one that really needs to be done," Rep. Rarick said on Wednesday. "We definitely don’t want to say to a minor that if someone offers you money for sex, that’s a lesser penalty than if they took advantage of you."

"The exploitation of youth in prostitution is a horrific crime resulting in short and long-term physical and mental health harms that not only impact the individual, but also families," said Caroline Palmer, an interim supervisor of the violence prevention programs unit with the Minnesota Department of Health (MDH) on Wednesday. "Children and youth are exploited in many different settings, including in social media and online. Traffickers and solicitors often seek out youth that are in vulnerable positions… But services and resources are still catching up to meeting their needs here in Minnesota."

What's next:

The bill was laid over on Wednesday for possible consideration in a larger collection of bills to be passed later in the session – known as an omnibus bill.