Engaging in Prostitution Minnesota

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There is a fine line between hiring an online masseuse and engaging in prostitution. Imagine this . . . you find an advertisement on backpage.com. You call the number. The person on the other end sounds inviting. Price is discussed. She tells you to call back when you get to a parking lot of a hotel. You get in your car and drive to the lot, call the phone back, and she gives you a room number. You go up to the room and she opens the door. You make small talk. She asks you what you want. You’re unsure. You maybe mention “full service.” She holds up some lingerie and outfits. You’re still unsure. You talk about price again. One hour for $150. You put the money next to the TV. She says she’ll go change and walks to the bathroom. The lock clicks. You sit on the bed.

So far so good.

The hotel room door is slammed open, seven police officers rush in with firearms drawn, two grab you and drag you out the room. Your head is spinning . . . you have no idea what’s going on. You go down the hall to another room. The police are interrogating for your name, address, phone number, birthday, and so on. You’re overwhelmed. They put you in their squad car and take you to jail. You’re booked and released. On your way out, you ask what you were arrested for. The police officer says, Engaging in prostitution Minnesota or Soliciting prostitution.

Now what?

This is a critical situation. A hotel room is a “public space” under Minnesota law so you will be charged with Gross Misdemeanor Prostitution. If you did the same thing in your home, it would be Misdemeanor Prostitution because it is considered a private place.

Enagaing in Prostitution Defense Attorney

A “public place” means a public street or sidewalk, a pedestrian skyway system as defined in section 469.125, subdivision 4, a hotel, motel, steam room, sauna, massage parlor, shopping mall and other public shopping areas, or other place of public accommodation, a place licensed to sell intoxicating liquor, wine, nonintoxicating malt beverages, or food, or a motor vehicle located on a public street, alley, or parking lot ordinarily used by or available to the public though not used as a matter of right and a driveway connecting such a parking lot with a street or highway. Minn. Stat. § 609.321, subdiv. 12.

You will be charged with Prostitution in public place:

Whoever, while acting as a patron, intentionally does any of the following while in a public place is guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500. Minn. Stat. § 609.324, subdiv. 2.

If you did the exact same thing in your home, you will likely be charged with a General prostitution crime:

(a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and
(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case. Minn. Stat. § 609.324, subdiv. 3.

You need to call an experienced criminal defense attorney if you are charged or if you think you are going to be charged soliciting prostitution. It is important to relay your experience with a top notch criminal defense attorney as soon as possible after the event. Once you hire a criminal defense attorney, the police cannot talk to you.

Prostitution convictions can be devastating to someone’s life. Not only are the criminal consequences severe, the collateral consequences, such as your family are just as important. Hiring the right criminal defense attorney who handles such cases is extremely important.

When the case is charged, your criminal defense attorney will get all discovery from the government, which usually includes recordings of the phone calls and the incident, the ad itself, and all the police reports. Often, the defense in a situation like this will be Entrapment. The police created the ad, the police answered the phone, the police chose the location and were present in the hotel room, and the police seduced you and thereafter arrested you. Ridiculous. The government did everything they could to create the crime and then induced you to commit it. Don’t let the government get away with this type of behavior.

Ryan Garry has tried these cases, won these cases, and negotiated favorable outcomes whereby the charges never appear on his client’s records. This saves the client a prostitution conviction, jail time, and the stress of having to disclose this to family members who may not appreciate the particular facts of the case.

Prostitution criminal cases are extremely sensitive and you need a criminal defense attorney who knows how to handle your Engaging in Prostitution Minnesota unique case gently and aggressively to get you the best result possible.

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