Charged Under Minn. Stat. § 609.494? A Minnesota Lawyer Explains Why This Charge Carries Consecutive Sentencing Risks.
The accusation is devastating, and it’s one you never saw coming. You have been charged with Solicitation of a Juvenile. The state isn’t just accusing you of breaking the law; they are accusing you of corrupting a minor, of using your influence as an adult to lead a child down a criminal path. You didn’t plan to end up here. Perhaps your words were taken out of context, what you thought was a joke was taken seriously, or you were simply in the wrong place at the wrong time with a younger crowd. Now, you are facing a criminal charge that carries an ugly and profound stigma, one that threatens to brand you as a predator in the eyes of the law and the community.
Prosecutors pursue these cases aggressively. They will paint a picture of you as a manipulative adult, ignoring the nuances of your relationship with the minor and the reality of the situation. They won’t care if you didn’t know the person was under 18 or if you were simply trying to fit in. All they see is an adult, a minor, and a crime. This charge can be a misdemeanor, a gross misdemeanor, or a serious felony, and it carries a hidden dagger: the very real possibility of a consecutive sentence, meaning any prison time for this charge gets tacked on after you serve time for any other related crime. I am a Minnesota criminal defense attorney who understands the sensitivity and seriousness of these allegations. I have defended clients across the entire state—from the Twin Cities of Minneapolis and St. Paul to Rochester, Duluth, and their suburbs—and I know how to fight back against the state’s narrative. You do not have to face this crisis alone.
More Than Just Bad Influence: The Legal Definition of Soliciting a Minor in Minnesota
In Minnesota, the crime of Solicitation of a Juvenile, governed by statute § 609.494, is far more specific than just being a “bad influence.” The law targets three distinct actions: when an adult solicits, conspires with, or acts as an accomplice to a minor in the commission of a crime or delinquent act. This means you can be charged for actively persuading a minor, for making an agreement with them to break the law, or for simply helping them carry out their own criminal plan. The entire purpose of this law is to create a legal shield around minors, punishing adults who use their age and perceived authority to draw young people into the criminal justice system.
Facing Minnesota solicitation of juvenile charges means a prosecutor believes you crossed a critical line. It’s the difference between friends getting into trouble together and an adult leading a child into it. The state will scrutinize your words, your actions, and your relationship with the minor to build their case. These charges can arise from a wide range of circumstances, from an 18-year-old goading a 17-year-old friend into shoplifting at a store in Bloomington to an adult using a teenager to assist in a drug transaction in St. Cloud. Understanding what the state must prove is the first step in building a powerful defense against this deeply stigmatizing accusation.
The Law You’re Accused of Breaking: Minnesota Statute § 609.494
To begin building your defense, you must understand the exact law the prosecutor is using to charge you. The entire case is built on this specific statute, and its definitions are critical to your defense.
The controlling law is Minnesota Statutes § 609.494. It states:
Subdivision 1. Crime. A person is guilty of a crime and may be sentenced as provided in subdivision 2 if the person is an adult and solicits or conspires with a minor to commit a crime or delinquent act or is an accomplice to a minor in the commission of a crime or delinquent act.
Subd. 2. Sentence. (a) A person who violates subdivision 1 is guilty of a misdemeanor if the intended criminal act is a misdemeanor or would be a misdemeanor if committed by an adult, and is guilty of a gross misdemeanor if the intended criminal act is a gross misdemeanor or would be a gross misdemeanor if committed by an adult.
(b) A person who violates subdivision 1 is guilty of a felony if the intended criminal act is a felony or would be a felony if committed by an adult, and may be sentenced to imprisonment for not more than one-half the statutory maximum term for the intended criminal act or to payment of a fine of not more than one-half the maximum fine for the intended criminal act, or both.
Subd. 3. Multiple sentences. Notwithstanding section 609.04, a prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Subd. 4. Consecutive sentences. Notwithstanding any provision of the Sentencing Guidelines, the court may provide that a sentence imposed for a violation of this section shall run consecutively to any sentence imposed for the intended criminal act. A decision by the court to impose consecutive sentences under this subdivision is not a departure from the Sentencing Guidelines.
Subd. 5. Definition. “Solicit” means commanding, entreating, or attempting to persuade a specific person.
The State’s Burden: What a Prosecutor Must Prove to Convict You
The burden of proof rests entirely on the prosecutor. To secure a conviction against you, they must prove every single one of the following elements beyond a reasonable doubt. My job as your defense attorney is to dismantle their case by showing the evidence is weak on one or more of these essential points.
- You Are an AdultThe first thing the state must prove is that you were 18 years of age or older at the time the alleged offense occurred. While this is typically easy for the state to establish with a driver’s license or other official record, it is a required element of the crime, and the state must provide evidence of it.
- The Other Person Was a MinorThe prosecutor must prove that the person you allegedly solicited, conspired with, or were an accomplice to was under the age of 18 at the time. This requires proof of the minor’s age, typically through a birth certificate or other official document. If you had a reasonable belief the person was an adult, it can form the basis of a powerful defense.
- The Prohibited Act: Solicit, Conspire, or AccompliceThis is the core behavioral element of the crime. The state must prove you engaged in at least one of these three actions. To “solicit” means you commanded, entreated, or tried to persuade the minor to commit a crime. To “conspire” means you made an agreement with the minor to commit a crime together. To be an “accomplice” means you intentionally aided, advised, or encouraged the minor in committing the crime. Mere presence or passive knowledge is not enough.
- The Intent to Commit a Crime or Delinquent ActThe purpose of your action must have been for the minor to commit a specific crime or an act that would be a crime if they were an adult. This could be anything from misdemeanor theft to felony assault. The state must clearly identify the underlying “intended criminal act” and prove that you were trying to get the minor to commit that specific offense.
The High Price of a Conviction: Stacked Penalties and Consecutive Sentences
The penalties for soliciting a juvenile are directly linked to the severity of the underlying crime. But the most dangerous part of this statute is that it gives the judge the power to stack sentences, turning a bad situation into a devastating one.
Felony Solicitation
If the underlying offense you are accused of soliciting is a felony (like burglary, drug sales, or robbery), then your solicitation charge is also a felony. The potential penalty is severe:
- Up to one-half of the maximum prison sentence for that underlying felony. If you solicited a crime with a 20-year maximum, you could face up to 10 years in prison for the solicitation alone.
Gross Misdemeanor Solicitation
If the intended crime was a gross misdemeanor (like DWI or 5th Degree Assault), then your solicitation charge is also a gross misdemeanor, punishable by:
- Up to one year in jail and/or a $3,000 fine.
Misdemeanor Solicitation
If the intended crime was a misdemeanor (like petty theft or disorderly conduct), your solicitation charge is also a misdemeanor, punishable by:
- Up to 90 days in jail and/or a $1,000 fine.
The Consecutive Sentence Danger
This is the hidden trap in Minn. Stat. § 609.494. Subdivision 4 explicitly allows the judge to make your sentence for solicitation consecutive to any other sentence. This means if you are convicted of both the underlying crime and the solicitation, the judge can order you to serve your full sentence for the first crime, and only when that is finished, you start serving your sentence for the solicitation. It’s a legal mechanism that can double your time behind bars.
From Peer Pressure to False Accusations: How These Charges Happen
These charges often arise from complex social situations where the lines between friendship, peer pressure, and criminal solicitation become blurred. A prosecutor may see a clear case of exploitation, while the reality is far more complicated.
These cases are not limited to hardened criminals. They often involve young adults who are themselves just over the age of 18 and are still part of a younger social circle. A single bad decision, a misunderstood joke, or a false accusation from a minor trying to save their own skin can lead to this life-altering charge.
The Minneapolis Party Supply Run
You are 19, and you’re at a party in a Minneapolis apartment with several people, including a 17-year-old you know from high school. The party runs out of beer. The 17-year-old asks you for money to give to someone else to buy more. You hand them a $20 bill. Later, the police break up the party and charge the minor with possession. To get a better deal, the minor tells the police you “solicited” them to commit the crime of procuring alcohol for a minor.
The Duluth Joyride
You are hanging out with a younger friend in Duluth. You see a car parked with the keys in it. You jokingly say to your 16-year-old friend, “You should take it for a spin.” You don’t think they will, but they do. They are caught and charged with auto theft. Because you “attempted to persuade” them, you are charged with felony solicitation of a juvenile, even though you never touched the car.
The Rochester Shoplifting Incident
You are 18 and shopping at the Apache Mall in Rochester with your 17-year-old girlfriend. You point to an expensive jacket and say, “That would look great on you,” and she proceeds to steal it while you act as a lookout. As an adult accomplice to a minor committing a crime, you are charged with solicitation. Because you also benefited from the crime, the prosecutor argues you had a clear motive.
The St. Paul False Accusation
You get into an argument with your 17-year-old neighbor in a St. Paul suburb. To get revenge, the neighbor and their friends vandalize a community mailbox and, when caught, they conspire to blame you. They tell the police that you, the adult, put them up to it. Now, you are facing a felony solicitation charge based entirely on the fabricated story of a minor with a clear motive to lie.
Fighting Back: Building a Defense Against a Solicitation of a Juvenile Charge
When you are facing a charge that attacks your character this deeply, you need a defense that is aggressive, strategic, and thorough. The state’s case often hinges on the testimony of a minor, which can be unreliable, and a prosecutor’s interpretation of your words, which can be twisted. My first step is always to scrutinize the state’s evidence—or lack thereof.
We will investigate the circumstances of the alleged solicitation, the relationship between you and the minor, and any motivations the minor might have to lie or exaggerate. Was the conversation recorded? Are there other witnesses? Does the minor have a history of untruthfulness? We will challenge the prosecutor’s narrative at every turn and force them to meet their high burden of proof.
Defense: You Did Not Solicit, Conspire, or Act as an Accomplice
This defense attacks the core action of the crime. We can argue that your words or actions did not meet the high legal standard for solicitation.
- It Was a Joke or Vague Statement: We can argue that your words were clearly not a serious command or attempt to persuade. In many social contexts, boasting, joking, or making hypothetical statements is common. We will argue that no reasonable person would have interpreted your words as a criminal solicitation.
- The Minor Acted Independently: A key defense is to show that the minor made their own decision to commit the crime. You may have been present, but you did not encourage, advise, or aid them. We will gather evidence to show the minor’s own motivations and planning, separate from any influence from you.
- Mere Presence is Not a Crime: You cannot be found guilty simply for being at the scene of a crime committed by a minor. The prosecutor must prove you took an active role. We will fight to show that your presence was just that—presence—and nothing more.
Defense: You Did Not Know the Person Was a Minor
This can be a very powerful defense, especially for young adults who socialize with people of similar ages or for interactions that happen online.
- Reasonable Belief of Adulthood: We will present evidence that you had a good-faith, reasonable belief that the person was 18 or older. Did they look older? Did they tell you they were an adult? Were you in a setting, like a bar or a 18+ event, where you would expect to be around other adults?
- Online Deception: In cases involving online communication, it is very common for minors to lie about their age. We can use chat logs and profile information to demonstrate that the minor presented themselves as an adult and that you had no reason to believe otherwise.
Defense: False Accusation or Unreliable Witness
The state’s case often relies entirely on the word of the minor, who may have a strong incentive to lie.
- Shifting the Blame: The most common reason a minor lies is to minimize their own culpability. By blaming an “adult,” they hope to get a lighter sentence in juvenile court. We will expose this motive to the jury.
- Attacking Credibility: We will thoroughly investigate the minor’s background for any history of dishonesty or a reputation for untruthfulness. Inconsistencies in their story to the police versus their testimony in court can be used to destroy their credibility.
Defense: Entrapment
In rare cases, police may use a minor as part of an undercover sting operation. If law enforcement induced you to commit a crime that you were not otherwise predisposed to commit, we can raise the defense of entrapment. This involves showing that the idea for the crime came from the police and that they used undue persuasion to get you to agree.
Your Questions Answered: Minnesota Solicitation of a Juvenile FAQs
What does “solicit” legally mean in Minnesota?
The statute defines it as “commanding, entreating, or attempting to persuade a specific person.” This is a broad definition that can include anything from a direct order to a forceful suggestion. It implies an active effort to get someone to do something.
Will I go to jail if convicted of this crime?
It is a very serious risk. A felony conviction can lead to a significant prison sentence, and even misdemeanor or gross misdemeanor convictions can result in county jail time. A skilled defense is your best chance to avoid incarceration.
Can this charge be dismissed?
Yes. If we can show that the state’s evidence is weak—for example, that there is no proof you tried to persuade the minor, or that the minor’s testimony is not credible—we can file a motion to dismiss the charges before it ever gets to a trial.
What if I’m only 18 and my friend is 17?
The law makes no distinction. If you are 18, you are a legal adult, and the person you are with is a minor. These cases are common among young adults who are part of the same social group, and prosecutors do not hesitate to file charges.
What if the minor is the one who suggested the crime?
This is a complete defense. If the minor came up with the idea for the criminal act, you cannot be guilty of soliciting or conspiring with them. You may still face an accomplice charge if you helped them, but it defeats the solicitation element.
Can the judge really make my sentences consecutive?
Yes. The law explicitly gives the judge the discretion to run your sentence for solicitation consecutive to your sentence for the underlying crime. This is not considered a departure from the sentencing guidelines and is a very real danger in these cases.
Do I need a lawyer for this charge in Maple Grove?
Absolutely. A charge of soliciting a juvenile is one of the most serious and complex misdemeanors or felonies you can face. It requires a lawyer who can handle sensitive facts, challenge the credibility of witnesses, and argue complex sentencing issues. You should not face this alone in Maple Grove, Eagan, or anywhere in Minnesota.
What if the minor was never caught or charged with a crime?
It doesn’t matter. The crime is the act of soliciting. You can be charged and convicted based on your attempt to persuade the minor, even if the underlying crime never actually happened.
How will this charge affect my future?
A conviction for a crime that involves corrupting a minor can be devastating. It can prevent you from getting jobs in education, childcare, healthcare, and many other fields. It can also impact college admissions, housing applications, and professional licenses.
Is this the same as “contributing to the delinquency of a minor”?
The concepts are similar, but Solicitation of a Juvenile is a more specific and often more serious charge in Minnesota law. It is directly tied to the commission of a specific criminal act.
Can I be charged based only on the minor’s story?
Yes. A conviction can legally rest on the testimony of a single witness, even the minor involved. This is why attacking the credibility of that witness is one of the most important parts of a successful defense.
What if the “solicitation” happened online or through text messages?
The law applies to any form of communication. Text messages, social media chats, and other online communications can and will be used as evidence by the prosecutor to prove you attempted to persuade a minor.
What if I was drunk or high at the time?
Voluntary intoxication is generally not a defense to a crime in Minnesota. The state will argue that you were still capable of forming the intent to persuade the minor to commit the crime.
How can a prosecutor prove what I intended?
Since they cannot read your mind, prosecutors use circumstantial evidence to prove your intent. They will use your words, the context of the situation, your relationship with the minor, and your subsequent actions to argue that your intent was to get the minor to commit a crime.
What is the very first thing I should do if charged?
Do not talk to the police, the minor, or the minor’s parents. Anything you say can be used against you. Exercise your right to remain silent and contact an experienced Minnesota criminal defense attorney immediately.
The Shadow of a Conviction: Lifelong Consequences of a Solicitation Charge
A conviction for soliciting a juvenile leaves a deep and permanent stain on your record and your reputation. The consequences go far beyond any jail time or fines.
A Permanent Record of Corrupting a Minor
This is not a simple theft or assault charge. A conviction for this crime tells every potential employer, landlord, and licensing board that you have been found guilty of using an adult position to lead a child into crime. This label is uniquely toxic and can make it nearly impossible to find work in any field involving trust, especially with children or vulnerable adults.
Destruction of Your Reputation and Relationships
The stigma of this conviction is immense. It can destroy your reputation in your community and put a severe strain on your relationships with family and friends. Being labeled as someone who exploits children, even if the “child” was a 17-year-old friend, is a burden that can follow you for the rest of your life.
Loss of Civil Rights, Including Firearm Ownership
If you are convicted of felony-level solicitation, you will lose many of your civil rights, including the right to vote while on sentence and, most critically, the right to own or possess a firearm for the rest of your life.
The Threat of Consecutive Sentences and Years Lost
The possibility of a consecutive sentence means a conviction can steal years of your life. A sentence that might have been manageable can double in length, keeping you incarcerated for far longer than you ever anticipated. This can mean missing out on your own youth, educational opportunities, and the lives of your family members.
Why You Need a Defender Who Will Fight the Narrative
When the state is trying to paint you as a villain, you need a lawyer who will do more than just manage the case—you need an advocate who will fight the entire narrative.
I Know How to Challenge a Minor’s Testimony
The state’s case often lives or dies with the credibility of the minor witness. I have the experience to conduct a rigorous cross-examination that can expose inconsistencies, biases, and outright lies. I will investigate the minor’s background and motivations to show a jury why their story cannot be trusted.
I Fight to Avoid the Consecutive Sentence Nightmare
From day one, my strategy will be focused on the ultimate outcome. That includes fighting to avoid a devastating consecutive sentence. I will argue forcefully to the judge about why stacking your sentences is not in the interest of justice, even if a conviction on some charge is unavoidable. Protecting your freedom and minimizing your time is my top priority.
I Present the Full Context, Not Just the Prosecutor’s Snapshot
These cases are never as simple as the police report makes them seem. They are about relationships, social dynamics, and context. I will work to present your side of the story to the judge and jury, showing them the full picture of what happened, not just the distorted version presented by the prosecution.
A Statewide Defense for a Stigmatizing Charge
You need a lawyer who is not afraid to take on a sensitive and difficult case. I have defended clients against the most serious and stigmatizing charges in courtrooms all across Minnesota. Whether you have been charged in Hennepin County, Ramsey County, or any of the surrounding suburbs like Plymouth or Brooklyn Park, I am prepared to bring a tough, intelligent, and relentless defense to your case.