Introduction
Prostitution and solicitation are criminal offenses in Minnesota that are aggressively prosecuted, especially in cities like Minneapolis and St. Paul. While these charges are often associated with sex work, they can apply to a broad range of behaviors, including simply offering or agreeing to exchange money for sex.
Whether you’re facing charges as a sex worker, a buyer, or someone mistakenly caught up in a police sting, it’s important to understand how Minnesota law treats these cases and what your legal options are. At Martine Law, we defend individuals accused of solicitation and prostitution and fight to protect your rights, reputation, and freedom.
Legal Definitions: What Is Considered Prostitution or Solicitation?
Under Minnesota Statutes § 609.321 to § 609.325, prostitution is defined as engaging in or offering to engage in sexual activity in exchange for money or anything of value.
Key terms defined in the statutes include:
- Prostitution: Performing or agreeing to perform sexual acts for payment
- Solicitation: Offering money or something of value in exchange for sexual activity
- Patron: The person who offers to pay for sexual services
- Pandering/Promoting: Facilitating or profiting from prostitution by others
Both the buyer and the seller can be criminally charged under Minnesota law.
Levels of Charges for Prostitution and Solicitation
The severity of charges depends on several factors:
Misdemeanor
- First-time offense for either party
- Engaging in prostitution in a public place (such as a park or street corner)
- Punishable by up to 90 days in jail and a $1,000 fine
Gross Misdemeanor
- Repeat offenses
- Soliciting someone under the age of 18, but without proof of knowledge of their age
- Can result in up to 1 year in jail and a $3,000 fine
Felony
- Soliciting a minor when the accused knew or had reason to know the individual was under 18
- Involvement in a prostitution ring or human trafficking
- Penalties range from 1 to 20 years in prison and fines up to $40,000
Felony charges often lead to long-term consequences such as a criminal record, loss of professional licenses, and mandatory registration as a sex offender in some cases.
Police Stings and Entrapment
Many prostitution and solicitation cases in Minnesota result from undercover sting operations. Law enforcement officers may pose as sex workers or buyers online or in person to catch individuals agreeing to illegal transactions.
While these tactics are legal, entrapment occurs if an officer persuades or pressures someone to commit a crime they would not have otherwise committed. If you believe you were unfairly targeted in a sting operation, contact Martine Law immediately.
Solicitation of a Minor
Soliciting a person under the age of 18 is treated far more seriously than adult prostitution cases. Even if the accused claims they were unaware of the person’s age, they can still face:
- Felony charges
- Up to 20 years in prison
- Fines up to $40,000
- Mandatory sex offender registration
The burden often shifts to the defense to prove lack of intent or knowledge. This makes it essential to work with a skilled attorney if the alleged victim is a minor.
Defending Against Solicitation or Prostitution Charges
Every case is unique, and the right defense strategy will depend on the circumstances. At Martine Law, we use several legal approaches, including:
1. Challenging the Evidence
We examine whether there was a valid reason for the stop or arrest and challenge any statements or actions used as evidence.
2. Entrapment
If law enforcement improperly influenced your behavior or coerced you into committing a crime, the charges may be thrown out.
3. Lack of Intent
We argue that there was no agreement to exchange money for sexual services or that the encounter was misinterpreted.
4. Mistaken Identity
If you were wrongfully identified or implicated through online communications, we work to prove your innocence.
Collateral Consequences of a Conviction
A conviction for solicitation or prostitution may lead to more than just jail time or fines. Other long-term consequences include:
- A permanent criminal record
- Loss of employment or professional licensing
- Immigration consequences for non-citizens
- Reputational harm and difficulty securing housing
- Potential loss of child custody or visitation rights
Even a misdemeanor charge can follow you for years, which is why it’s so important to seek legal counsel early.
Diversion and First-Time Offender Programs
Some Minnesota counties offer diversion programs for first-time offenders, especially buyers. These programs may include:
- Educational classes on the risks of prostitution
- Community service hours
- Probation or behavioral counseling
If you successfully complete the program, your charges may be dismissed or reduced. However, these options are often only available with the help of a defense attorney who can negotiate on your behalf.
Why You Need a Criminal Defense Attorney
Prostitution and solicitation cases are complex and emotionally charged. You may be facing public embarrassment, media exposure, or judgment from your community — all before you’ve had your day in court.
At Martine Law, we offer:
- Discreet, nonjudgmental representation
- A thorough investigation of your case
- Strong courtroom advocacy
- Help exploring alternatives to conviction, like diversion
Our goal is to protect your future while minimizing damage to your personal and professional life.
Frequently Asked Questions
Is prostitution legal in Minnesota?
No. Prostitution and solicitation are illegal throughout Minnesota and are punishable by fines, jail time, or prison depending on the offense.
Can you be charged even if no money was exchanged?
Yes. The law only requires an offer or agreement — actual payment or completion of the act is not necessary.
Do you have to register as a sex offender for a prostitution conviction?
Typically, no — unless the case involves a minor or is part of a larger sex trafficking charge.
Will my name be published if I’m charged?
Some jurisdictions publish names from prostitution stings. A skilled attorney can help manage damage control.
Talk to a Defense Lawyer Today
Whether you were caught in a sting operation, accused by mistake, or charged unfairly, you have rights. Schedule a confidential consultation with Martine Law today and let us build a defense that protects your name, freedom, and future.