Charged Under Minnesota Statute § 609.324? A Defense Lawyer Explains the Law, Penalties, and the Mandatory Assessments You’re Facing.
The moment you saw the flashing lights or received the criminal complaint in the mail, your world turned upside down. You’ve been charged with solicitation of prostitution in Minnesota, and now you’re facing a legal system that feels designed to publicly shame and severely punish you. Whether you were caught in an elaborate online sting operation, were in the wrong place at the wrong time, or feel the situation has been completely twisted by law enforcement, the fear and anxiety are overwhelming. You’re worried about your family, your job, and your reputation. The accusation itself feels like a conviction, and you don’t know where to turn.
You need to know that an accusation is not a guilty verdict. These situations are often more complex than the police report suggests, and you have rights that must be protected. However, you must take this seriously. A conviction under Minnesota Statute § 609.324 carries not only criminal penalties like jail and fines but also mandatory financial assessments and the lifelong stigma of a public criminal record. You do not have to, and you should not, face this alone. As a criminal defense attorney who has defended clients across the state of Minnesota—from Minneapolis and St. Paul to Rochester, Duluth, and the surrounding suburbs—I understand what is at stake. I know how to challenge the state’s evidence and fight for your future. This battle for your good name starts now.
What Solicitation Actually Means in Minnesota
In Minnesota, the crime of solicitation of prostitution is, in its simplest terms, the act of offering to pay or agreeing to pay for a sexual act. You don’t have to exchange any money or even engage in any physical contact to be charged. The crime is committed the moment the illegal agreement is made. This is why so many individuals are caught in police stings; officers create situations designed to get you to make that verbal offer. A “Minnesota solicitation charge” can arise from responding to an online ad, a conversation in a massage parlor, or a street-level encounter.
The core of a “facing solicitation accusation” case is your intent. The prosecutor must prove beyond a reasonable doubt that you specifically intended to hire another person to engage in a sexual act. Vague conversations, ambiguous text messages, or your mere presence in a certain area are not enough to prove guilt. Law enforcement in cities like Bloomington and Brooklyn Park often push the boundaries, trying to coax targets into making an incriminating statement. My job is to scrutinize their tactics and dismantle the prosecution’s claim that you had criminal intent.
Minnesota Law on Solicitation — Straight from the Statute
The law that defines this crime is Minnesota Statute § 609.324, titled “Solicitation, Inducement, and Promotion of Prostitution; Sex Trafficking.” While the statute covers a range of activities, the section most often used to charge individuals accused of being a “john” is Subdivision 2. It is critical that you understand the exact legal language being used against you, as this forms the foundation of the state’s case.
Here is the relevant text from the statute:
609.324 SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION; SEX TRAFFICKING.
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given. (a) “Prostitution” means engaging or offering or agreeing to engage for hire in sexual penetration or sexual contact. (b) “Sexual contact” means any of the acts listed in section 609.341, subdivision 11, paragraph (a), clauses (i) to (iv). (c) “Sexual penetration” means any of the acts listed in section 609.341, subdivision 12…
Subd. 2. Solicitation of prostitution. Whoever solicits or accepts a solicitation to hire or hires another individual to engage in prostitution with the person is guilty of a misdemeanor. Whoever solicits or accepts a solicitation to hire or hires an individual under the age of 18 years to engage in prostitution with the person is guilty of a felony…
Breaking Down the Legal Elements of Solicitation in Minnesota
For the state to convict you of solicitation of prostitution, the prosecutor can’t just rely on the fact that you were arrested. They carry the entire burden of proof and must convince a judge or jury that every single one of the following legal elements is true beyond a reasonable doubt. My defense strategy will focus on attacking the weakest points in their case, creating the reasonable doubt required for an acquittal or a dismissal. If even one element is unproven, the case against you fails.
- The Act of Solicitation or HiringThis is the core action the state must prove. Did you, through your words or actions, make a clear offer to hire someone for sex? Or did you accept an offer made to you? This element often hinges on recorded conversations or text messages. However, these interactions can be highly ambiguous. Police in stings are trained to interpret vague language as a criminal offer. We will argue that your words did not constitute a clear, illegal agreement and that law enforcement is misconstruing the context of the conversation to build a case where none exists.
- Another IndividualThe statute requires that you solicited “another individual.” In most sting operations, this individual is an undercover police officer posing as a prostitute. While this element is often straightforward, it is part of the state’s required proof. They must show that you were interacting with and made an offer to a specific person. The identity and testimony of this officer, and the methods they used to engage with you, will be a central focus of our defense investigation. Any procedural missteps on their part can be used to your advantage.
- For the Purpose of ProstitutionThis element requires the state to prove your specific intent. They must show that your offer to pay money was made with the clear purpose of engaging in a sexual act as defined by Minnesota law. If you offered someone money for another reason—such as for their time, for a legitimate massage, or for companionship without sex—then you are not guilty of this crime. We will challenge the state’s interpretation of your intent, arguing that there was a misunderstanding or that your actions were not for the purpose of illegal sexual activity.
Penalties for a Solicitation Conviction in Minnesota Can Be Severe
Do not mistake a solicitation charge for a minor traffic ticket. A conviction carries serious and lasting penalties that go far beyond a simple fine. The Minnesota sentencing for solicitation can include jail time, probation, and a permanent criminal record that can damage your reputation and career. Worse, the law now mandates a significant financial penalty on top of any other sentence, making the consequences even steeper. It is crucial you understand exactly what you are fighting to avoid.
Criminal Penalties (Jail and Fines)
The severity of the criminal penalty for solicitation under § 609.324 depends on the circumstances.
- Misdemeanor: A standard first-offense solicitation charge is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000.
- Gross Misdemeanor: The charge can be enhanced to a gross misdemeanor if the offense occurs in a public place or a school zone. This increases the maximum penalty to up to one year in jail and a fine of up to $3,000.
- Felony: If the person you are accused of soliciting was under the age of 18, you will face a felony charge. This carries a sentence of multiple years in prison and tens of thousands of dollars in fines.
The Mandatory Penalty Assessment: Minnesota Statute § 609.3241
Here is the penalty that catches many people by surprise. Under Minnesota Statute § 609.3241, if you are convicted of solicitation, the court must impose an additional financial assessment. For a misdemeanor solicitation conviction, this assessment is at least $500 and up to $750. For a gross misdemeanor or felony, it is at least $750 and up to $1,000. The law explicitly states the court cannot waive this minimum assessment. This is not a fine that goes to a general fund; it is a mandatory penalty specifically earmarked for law enforcement and victim services programs. It is a punishment on top of your criminal sentence.
What Solicitation Looks Like in Real Life — Common Scenarios in Minnesota
Solicitation charges rarely happen in a vacuum. They are almost always the result of a planned police sting operation or a situation where your actions were misinterpreted. Law enforcement agencies across Minnesota, from the Twin Cities to greater Minnesota, dedicate significant resources to these stings. They are designed to be confusing and to lead you toward making an incriminating statement.
You might be a respected professional, a dedicated family person, or simply someone who made a regrettable choice on a lonely night. Now, you’re caught in the legal system.
The Online Ad Sting in Minneapolis
You were Browse a classifieds website like Backpage or a similar successor and came across an ad that seemed to be for companionship or a massage. You exchanged a few text messages, and the language was vague. You agreed to meet at a hotel in downtown Minneapolis or a suburb like Maple Grove. When you arrived, you were immediately arrested by police. You never explicitly discussed paying for sex, but the police claim your text messages and your presence at the hotel are enough proof to charge you.
The Massage Parlor Raid in a Suburb
You went to a massage parlor in a town like Plymouth or Eagan for a legitimate massage. During the session, the masseuse made an offer for an additional service. Whether you accepted, rejected, or were still processing the offer when police raided the establishment, you were arrested along with the employees. Now, the prosecution is trying to lump you in with the operators of an illegal enterprise, even though you were only there as a customer seeking a legal service.
The Street-Level Encounter in St. Paul
You were driving through a neighborhood in St. Paul and stopped to ask for directions or talk to someone on the street. That person turned out to be an undercover police officer posing as a prostitute. The officer steered the conversation in a way that made it sound like you were soliciting them. Before you knew what was happening, you were being charged with gross misdemeanor solicitation for being in a “public place,” even though your intentions were completely innocent.
The Bachelor Party Misunderstanding in Duluth
You were in Duluth for a friend’s bachelor party. After a night of drinking, the group decided to go to a strip club. Your conversations and actions, clouded by alcohol and the environment of the club, were misinterpreted by an undercover officer working inside. A joke or a careless comment was twisted into a criminal offer. Now you’re facing charges in St. Louis County, far from home, and you have to explain the situation to your family and employer.
Legal Defenses That Might Work Against Your Solicitation Charge
Feeling ashamed or embarrassed after a solicitation arrest can make you want to plead guilty just to make it all go away. This is a critical mistake. The state’s case against you may be far weaker than you think, and you have powerful legal defenses available. An arrest is not a conviction. As your attorney, my job is to scrutinize every piece of evidence and every action taken by law enforcement to find the flaws in the prosecution’s case. We will build a defense strategy aimed at achieving a dismissal, an acquittal, or entry into a diversion program that keeps this off your record.
Fighting back starts with a detailed investigation into the sting operation itself. Were you illegally coerced or manipulated? Was the evidence against you obtained legally? Did the police overstep their bounds? We will challenge the state’s narrative at every turn. You are not just a case number; you have a story and a side to be told. The right defense can make all the difference between a conviction that follows you for life and a resolution that allows you to move forward.
Police Entrapment
Entrapment is one of the most powerful defenses to solicitation in Minnesota. It occurs when police go beyond simply providing an opportunity to commit a crime and actually induce or persuade you to do something you were not otherwise predisposed to do.
- No Prior Intent: If you had no intention of soliciting prostitution before the police interacted with you, we can argue entrapment. We will show that you were a law-abiding citizen who was targeted and pressured by law enforcement into committing an offense.
- Aggressive Police Tactics: Did the undercover officer repeatedly contact you? Did they use pressure, pleading, or other coercive tactics to get you to agree? If the officer’s conduct was overly aggressive or manipulative, we can argue that they, not you, were the true source of the criminal idea.
Lack of Criminal Intent
The state must prove you specifically intended to exchange money for a sex act. If the evidence is ambiguous or if your intent was for something legal, the prosecution cannot meet its burden of proof.
- Vague Conversations: Text messages and recorded conversations are often not as clear as police claim. We can argue that you were discussing payment for something legal, like a legitimate massage, modeling, or simple companionship, and that the police are twisting your words to fit their narrative.
- Intoxication: While not a complete excuse, your level of intoxication can be relevant to whether you were capable of forming the specific intent to commit the crime. If you were highly intoxicated, we can argue you did not knowingly and intentionally enter into an illegal agreement.
Insufficient Evidence
Often, the state’s case is built on a shaky foundation. A skilled defense attorney can expose the holes in their evidence and create the reasonable doubt needed to win your case.
- No Clear Offer: Did you ever actually state a price or agree to a specific sex act? If the conversation remained vague and never reached the point of a concrete illegal agreement, we can argue that the crime of solicitation was never completed. Your mere presence at a location is not enough to convict.
- Unreliable Witnesses: In non-sting cases, the accusation may come from a person with a motive to lie. If the accuser is an ex-partner or someone with a grudge, we will attack their credibility and show the judge or jury why their testimony cannot be trusted.
Violation of Your Constitutional Rights
Police must follow the law when they investigate and arrest you. If they violated your constitutional rights at any point, we can file a motion to have the evidence against you suppressed, which can lead to the entire case being dismissed.
- Illegal Search and Seizure: Did police illegally search your car or seize your phone without a warrant or probable cause? Any evidence found as a result of an illegal search is inadmissible in court and cannot be used against you.
- Miranda Rights Violations: If you were in custody and police interrogated you without first reading you your Miranda rights (the right to remain silent, the right to an attorney), any statements you made during that interrogation can be thrown out.
Minnesota Solicitation FAQs — What You Need to Know Now
Will my name and mugshot be made public?
Unfortunately, in Minnesota, arrest records are generally public information. This means your name and charge could appear in online police blotters or be discoverable by a simple internet search. This is one of the most damaging parts of a solicitation charge. Acting quickly with an attorney is the best way to resolve the case and seek an expungement to clear your record and protect your reputation.
Can I really go to jail for a first-offense solicitation charge?
While jail time is possible even for a misdemeanor first offense, it is not the most common outcome, especially if you have a skilled attorney. Many cases can be resolved through diversion programs, probation, or a plea to a lesser offense that avoids incarceration. However, the risk is always there, which is why you need a strong defense.
What is “John School” or a diversion program?
Many counties in Minnesota, including Hennepin and Ramsey, offer diversion programs for first-time solicitation offenders. These programs typically involve attending a class (often called “John School”), paying a fee, and staying out of trouble for a set period. If you successfully complete the program, the original charge is often dismissed, preventing a criminal conviction from appearing on your record.
Do I need a lawyer for a solicitation charge in Rochester?
Yes, absolutely. A solicitation charge is a criminal offense, not a simple ticket. The consequences are serious. An experienced lawyer who knows the Olmsted County court system can evaluate the evidence against you, identify potential defenses like entrapment, and negotiate with the prosecutor for a much better outcome, such as dismissal or diversion.
What if I didn’t have any money on me at the time of the arrest?
It doesn’t matter. The crime is the agreement to pay for a sex act, not the act itself or the actual exchange of money. The prosecution does not need to prove you had the ability to pay, only that you made the offer.
Can a solicitation charge be dismissed?
Yes. A dismissal is the best possible outcome, and it is my primary goal in every case I handle. A case can be dismissed if there is insufficient evidence, if police violated your rights (entrapment, illegal search), or through successful negotiation with the prosecutor, often in exchange for completing a diversion program.
How does a conviction affect my job or professional license?
A conviction can have a major impact. You could be fired if you have a “morals clause” in your contract or if you used a company vehicle or phone. For licensed professionals like doctors, lawyers, or pilots, a conviction may need to be reported to your licensing board, which could trigger a disciplinary investigation and potentially jeopardize your career.
What is the difference between a misdemeanor and a gross misdemeanor?
The primary difference is the potential penalty and the location of the offense. A standard solicitation charge is a misdemeanor. However, if the offense takes place in a public place (like a park, street, or your car in a public lot) or a school zone, it can be charged as a more serious gross misdemeanor, which carries double the potential jail time.
Was I entrapped by the police?
Entrapment is a very specific legal defense. It’s not just about police setting up a sting; they must have induced you to commit a crime you weren’t predisposed to commit. If the undercover officer was overly aggressive, persuasive, or preyed on a vulnerability, you may have a strong entrapment defense. This is a complex area of law that requires an experienced attorney to argue effectively.
What if I was just lonely and looking for company?
This can be a key part of your defense. If you can show that your intent was to pay for someone’s time and companionship, and not for a sex act, then you are not guilty of solicitation. Your attorney can help frame the narrative and present evidence to show that your intentions were not criminal.
Can I get this expunged from my record?
If your case is dismissed or you are acquitted, you can immediately petition to have the arrest records expunged (sealed). If you are convicted, you will have to wait a period of years after completing your sentence before you become eligible to apply for an expungement. The best strategy is always to fight the charge upfront to avoid having a conviction to expunge later.
I’m not a U.S. citizen. How will this affect my immigration status?
For non-citizens, a solicitation conviction can be devastating. It may be considered a “crime involving moral turpitude,” which can make you deportable, prevent you from renewing a visa or green card, or block you from ever becoming a U.S. citizen. It is absolutely essential to consult with an attorney who understands these immigration consequences.
The police officer was friendly and said things would be fine. Should I trust them?
No. Police officers, including undercover officers, are allowed to lie to you to get you to confess or make incriminating statements. Their job is to build a case against you. Any “advice” or reassurance they offer is not for your benefit. The only person you should talk to about your case is your criminal defense attorney.
What’s the first thing I should do after being charged?
Exercise your right to remain silent and call a criminal defense lawyer immediately. Do not talk to the police, do not post about the incident on social media, and do not try to contact the undercover officer or anyone else involved. Your first and only call should be to an attorney who can protect you.
How can a lawyer help if there is video evidence?
Even if there is video or audio evidence, an attorney is crucial. I will analyze that evidence to see if it’s as damning as the police claim. Does it have audio? Does it clearly show an illegal agreement? Were you illegally recorded? I can also use it to build a defense, such as showing evidence of entrapment or your own hesitation, proving you were not predisposed to commit the crime.
What a Solicitation Conviction Could Mean for the Rest of Your Life
A conviction for solicitation is a permanent stain. It’s not something that fades away after you pay your fine or complete probation. It creates a lasting public record that can fundamentally alter the course of your life, impacting your career, your relationships, and your personal sense of security. The “life after a solicitation conviction in Minnesota” is filled with hidden obstacles. You are fighting to protect your entire future.
Public Humiliation and Damaged Reputation
In the internet age, a criminal record is easily accessible. A conviction for solicitation can be discovered by anyone—a potential date, a new neighbor, your child’s teacher, or a business associate. The charge carries a heavy social stigma that can lead to judgment and exclusion. It can strain relationships with friends and family and create a permanent sense of shame that is difficult to overcome. This public record consequence is often more punishing than the court-ordered sentence itself.
The Impact on Your Career and Employment
Many employers conduct background checks as a standard part of the hiring process. A solicitation conviction can be a red flag that gets your application thrown out, especially for positions that require trust, good judgment, or interaction with the public. If you hold a professional license (e.g., as a doctor, nurse, lawyer, realtor, or financial advisor), you may be required to report the conviction to your state board, triggering an investigation that could result in suspension or revocation of your license to practice.
Loss of Opportunities and Personal Freedoms
A criminal record can bar you from certain opportunities. You may be denied when you apply to volunteer at your child’s school or coach a youth sports team. If your offense was charged as a felony (because the person solicited was a minor), you will lose your right to own a firearm for life. For those who used a company car or were on a business trip, a conviction can lead to immediate termination and make it incredibly difficult to find comparable work.
Severe Immigration Consequences
If you are not a United States citizen, the stakes are even higher. A solicitation conviction can be classified as a “crime involving moral turpitude” under federal immigration law. This can make you ineligible to renew a green card, apply for citizenship, or re-enter the U.S. if you leave. In the most severe cases, it can be grounds for deportation, leading to you being permanently separated from the life you have built in Minnesota. The risk to your immigration status cannot be overstated.
Why You Need a Tough, Experienced Minnesota Solicitation Attorney
When you are facing the full weight of the state’s prosecution, you cannot afford to go it alone. The prosecutor assigned to your case handles charges like these every single day. You need an advocate who does the same—from the defense side. The choice you make for your legal representation will be the single most important factor in the outcome of your case. You need a dedicated, battle-tested lawyer who will stand between you and the power of the government.
The Private Lawyer Advantage
Unlike an overworked public defender juggling hundreds of cases, I limit my caseload so I can give your situation the full attention it demands. When you hire me, you are hiring me. I will be the one answering your late-night questions, developing your defense strategy, and personally representing you in court. This focused, one-on-one relationship is critical. It ensures we can explore every angle of your case, from the details of the police sting to your personal background, to build the strongest, most compelling defense possible.
How Immediate Action Can Protect Your Record
The most critical window in a solicitation case is right at the beginning. The sooner I can get involved, the more options we have. I can immediately engage with the prosecutor—sometimes even before formal charges are filed—to negotiate for your entry into a diversion program. This can prevent a criminal charge from ever hitting the public record. We can also move quickly to preserve evidence, like flawed online ads or text message logs, that can be used to prove entrapment or a lack of intent. Fast, strategic action is your best defense against public shame.
Understanding Local Sting Operations and Courts
I have defended clients against solicitation charges across Minnesota, from sting operations run by the Minneapolis Police Department to massage parlor raids in the suburbs and street-level arrests in St. Paul. I know the tactics these agencies use and the prosecutors who will handle your case. This local knowledge of the courts in Hennepin County, Ramsey County, Olmsted County, and beyond is a significant advantage. It allows me to craft a defense that anticipates the prosecution’s strategy and resonates with the local judges.
A Relentless Focus on Getting Results
My ultimate goal is to protect your future and your reputation. I prepare every case for a fight, meticulously investigating the evidence and preparing for a potential trial. This aggressive preparation shows the prosecutor that we will not simply roll over and accept a bad deal. It often forces them to offer better resolutions, such as a full dismissal of the charges, an amendment to a non-criminal offense, or a diversionary outcome that results in a clean record. You need a lawyer who is not afraid to challenge the state and fight for the victory you deserve.