HF130

Purpose

• To strengthen Minnesota’s response to sex trafficking of minors by creating clear mandatory minimum penalties for certain offenses involving a person under 18 years old.

Offenses Covered

• Applies to the first-degree offenses related to: soliciting or inducing an individual under 18 to practice prostitution; promoting the prostitution of an individual under 18; receiving profit from prostitution or its promotion when the profit is known or has reason to know it comes from such activities; and engaging in sex trafficking of an individual under 18.
• These offenses are tied to the broader act of sex trafficking and child exploitation.

Penalties and Minimums

• Base penalties (for offenses described in paragraph a): imprisonment up to 25 years or a fine up to $50,000, or both.
• Enhanced penalties (if aggravating factors apply): imprisonment up to 30 years or a fine up to $60,000, or both.
• Aggravating factors include:
  • The offender has a prior qualified human trafficking-related offense.
  • The victim suffered bodily harm during the offense.
  • The victim was held in debt bondage or forced labor/services for more than 180 days.
  • There were multiple sex trafficking victims.
• Mandatory minimum-like presumption for sentencing:
  • If conditions in the base paragraph apply, a 120-month (10-year) executed sentence must be imposed.
  • If conditions in the aggravated paragraph apply, a 144-month (12-year) executed sentence must be imposed.
  • If a court imposes a sentence different from these prescribed terms, it would be considered a departure from the Sentencing Guidelines, unless longer sentences are required by other law or the guidelines allow for it.

Changes to Existing Law

• Amends Minnesota Statutes 2024, section 609.322, subdivision 1, to explicitly require these minimum-like and enhanced penalties for crimes involving minors in sex trafficking and related offenses.
• Creates a structured, tiered penalty scheme with explicit time-based sentences (months/years) and higher fines for aggravated cases.

Practical Implications

• Establishes strong, clearly defined penalties for perpetrators of child sex trafficking and related prostitution offenses.
• Elevates accountability for cases involving bodily harm, debt bondage, or multiple victims.
• Ties sentencing to specific conditions and introduces a clear presumption of prison terms, subject to existing laws and guidelines.

Key Terms and Concepts in Plain Language

• Solicits, Induces, Promotes Prostitution
• Sex Trafficking
• Individual under the age of 18 / Minor
• Bodily Harm
• Debt Bondage
• Forced or Coerced Labor/Services
• Aggravating Factors
• Prior Qualified Human Trafficking-Related Offense
• Executed Sentence
• Sentencing Guidelines
• Mandatory Minimum / Presumption

Relevant Terms - 609.322, subdivision 1 - Major offenses: solicits, induces, promotes prostitution of a minor; sex trafficking of a minor - 120 months / 144 months - 10-year / 12-year minimum-like sentences - Up to 25 years / up to 30 years - Up to $50,000 / up to $60,000 - Debt bondage, bodily harm, multiple victims, coerced labor - Aggravating factors - Departure from Sentencing Guidelines - Minnesota statute amendments