Charged Under Minnesota Statute § 609.322? A Defense Lawyer Explains the Severe Penalties and Fights the State’s Case.
You are facing one of the most serious criminal accusations a person can confront in Minnesota. The police and prosecutors are not accusing you of being a customer; they are accusing you of profiting from, managing, or even forcing another person into prostitution. The words themselves—”promotion” and “sex trafficking”—are heavy, carrying the weight of a long prison sentence and a lifetime of stigma. You may have been arrested as part of a large-scale investigation, or you may have been accused by a single individual. Regardless of how you got here, you are now caught in the crosshairs of a major felony prosecution. Your future, your freedom, and your life as you know it are on the line.
The allegations against you may be based on a gross misunderstanding of your actions, a relationship that has been twisted by the prosecution, or outright lies from an accuser motivated by revenge or a desire to get themselves out of trouble. You might have simply rented a room to the wrong person or provided a ride without knowing the full context. Now, the state is trying to paint you as a criminal mastermind. You need to understand that from this moment on, you are fighting a system that is built to convict. As a criminal defense attorney who has stood against the government in high-stakes felony cases across Minnesota, from the major crime units in Hennepin and Ramsey Counties to the district courts in Rochester and Duluth, I know what it takes to dismantle these complex cases. This is the fight of your life, and you cannot face it alone.
What Promotion and Trafficking Actually Mean in Minnesota
It is vital to understand that a charge under Minnesota Statute § 609.322 is worlds away from a solicitation or loitering offense. These are not minor misdemeanors; they are serious felonies that allege you played a role in the business of prostitution. The law is designed to punish those who enable, manage, or profit from the sex trade, with the most severe penalties reserved for those who use force or target minors. A “Minnesota promotion of prostitution charge” is an accusation that you are a manager, not a customer.
What is “promotion of prostitution” in Minnesota? It can include a wide range of activities, such as managing a location where prostitution occurs, transporting a person to an act of prostitution, or knowingly profiting from the earnings of a prostitute. “Sex trafficking,” the most severe offense in this category, involves an element of force, fraud, or coercion. A “facing trafficking accusation” means the state believes you compelled someone into prostitution against their will. The prosecution will use every tool at its disposal to secure a conviction, and you need a defense that is just as determined.
Minnesota Law on Promotion and Trafficking — Straight from the Statute
The legal framework for the charges you are facing is Minnesota Statute § 609.322. This is a lengthy and complex statute with multiple sections that define different levels of criminal conduct, from lesser-included promotion offenses to the most serious sex trafficking felonies. The specific subdivision you are charged under will determine the exact penalties you face. Understanding the precise language the state is using against you is the first step in building your defense.
Below are key excerpts from the statute that are frequently charged:
609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION; SEX TRAFFICKING.
Subdivision 1. Promoting prostitution. (a) Whoever, while acting other than as a prostitute or a patron, intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:
(1) solicits or induces an1 individual to practice prostitution;2
(2) manages, supervises, possesses, or owns a business, whether legal or illegal, that encourages, promotes, or allows prostitution;
(3) owns, leases, operates, or manages a place and permits it to be used for prostitution…
Subd. 1a. Sex trafficking. (a) Whoever, while acting other than as a prostitute or a patron, intentionally does any of the following may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $50,000, or3 both:
(1) receives, recruits, entices, harbors, provides, or obtains by any means an individual, knowing that the individual will be subject to force, fraud, or coercion to engage in prostitution…
(2) receives profit or anything of value, knowing or having reason to know it is derived from the sex trafficking of an individual.
Breaking Down the Legal Elements of Promotion in Minnesota
To convict you of a serious felony like Promotion of Prostitution, the prosecutor can’t just tell a story. They must use evidence to prove each specific component—or “element”—of the crime beyond a reasonable doubt. This is the highest standard of proof in our legal system. My entire strategy will be focused on attacking the state’s evidence on one or more of these elements. If the prosecution’s case fails on a single point, they cannot legally convict you. Your freedom depends on this rigorous defense.
- The Prohibited ActThe state must first prove that you intentionally committed one of the acts listed in the statute. This could be managing a business, leasing a property used for prostitution, transporting someone, or posting ads online. The act itself is central. Were you just a landlord with a difficult tenant, or did you knowingly permit your property to be used for prostitution? Were you just giving a friend a ride, or were you intentionally transporting them to a “date” for financial gain? We will challenge the state’s characterization of your actions and argue they do not fit the criminal conduct defined in the law.
- Knowledge and IntentThis is a critical mental-state element. The prosecutor must prove that you knew what was happening. For example, they have to prove you knew the person you were helping was a prostitute and that your actions were intended to further their prostitution. If you were unaware of the person’s activities or had no intention of promoting prostitution, you are not guilty. Your lack of knowledge is a complete defense, and we will work to show the state cannot prove what was in your mind.
- Financial Gain (For Some Charges)Many of the offenses under this statute require the state to prove that you received a profit, earnings, or some other “thing of value” from the act of prostitution. This creates a direct financial link that the prosecution must establish with hard evidence like bank records or testimony. If you never received any money or benefit, the state cannot prove this essential element. We will demand they produce concrete proof of financial gain and argue that without it, their case falls apart.
A Special Rule for These Cases: There Is No Marital Privilege
In most criminal cases in Minnesota, a powerful protection called “marital privilege” exists. This rule, found in section § 595.02, generally prevents the state from forcing your spouse to take the witness stand and testify against you. It is a long-standing right designed to protect the sanctity of marriage.
However, when you are charged with Promotion of Prostitution or Sex Trafficking under § 609.322, that protection is stripped away by another law. Minnesota Statute § 609.326 explicitly states that the marital privilege does not apply in these specific proceedings.
609.326 EVIDENCE.
The marital privilege provided for in section 595.02 shall not apply in any proceeding under section 609.322.
What does this mean for you? It means the prosecution can subpoena your spouse, force them to testify against you in court, and question them about your private conversations and activities. This makes these cases uniquely dangerous and complex. It is a harsh rule that the state will use to its full advantage, making it even more critical that you have an aggressive defense attorney who knows how to handle and challenge the testimony of a coerced or reluctant witness.
Penalties for a Conviction in Minnesota Are Life-Altering
The penalties for a conviction under § 609.322 are among the most severe in Minnesota’s criminal code. These are not charges that result in probation or a small fine. Every offense under this statute is a felony, and a conviction will almost certainly result in a long prison sentence, massive fines, and a permanent status as a convicted felon. You are not just fighting for your reputation; you are fighting for your freedom. The “Minnesota sentencing” for these crimes is designed to be a powerful deterrent and a life-changing punishment.
Felony Promotion of Prostitution
For a conviction of “promoting prostitution,” even without elements of force or trafficking, the penalties are incredibly steep. Depending on the specific actions you are accused of and whether the person involved was a minor, you could face:
- Up to 20 years in prison.
- A fine of up to $40,000.
- Mandatory registration as a predatory offender may be required.
Felony Sex Trafficking
If the state accuses you of “sex trafficking” by using force, fraud, coercion, or by trafficking a minor, the penalties reach the highest levels of the criminal justice system. A conviction for sex trafficking can result in:
- Up to 25 years in prison (or more if aggravating factors are present).
- A fine of up to $60,000.
- A lifetime requirement to register as a predatory offender.
What This Looks Like in Real Life — Common Scenarios in Minnesota
These charges often arise from complex situations that police and prosecutors oversimplify to fit a criminal narrative. You may be a business owner, a landlord, or simply someone whose relationship with another person has been tragically mischaracterized. The state will present a clean story of guilt, but the reality is often much messier.
These accusations are pursued by law enforcement agencies across the state, from specialized trafficking task forces in the Twin Cities to local police departments in greater Minnesota.
The Landlord in Minneapolis
You own a duplex in a Minneapolis neighborhood and rent out one of the units. You later find out your tenant has been arrested for prostitution. Now, the police are accusing you of “permitting a place to be used for prostitution,” a felony. They claim you must have known what was going on due to late-night visitors or other signs. You were just a landlord trying to manage a property, but the state is trying to portray you as a criminal promoter.
The Driver in St. Cloud
You agreed to give a friend or acquaintance rides around the St. Cloud area in exchange for gas money. You didn’t ask many questions about where they were going or who they were meeting. After that person is arrested, they tell the police you were their “driver,” transporting them to and from “dates.” The state now charges you with felony promotion, arguing that you knowingly facilitated their prostitution for financial gain.
The Controlling Relationship in Rochester
You are in a tumultuous romantic relationship in Rochester. You and your partner share finances, and you often handle the money. After a bad breakup, your ex-partner goes to the police and claims you forced them into prostitution and kept all the earnings. They are motivated by revenge or a desire to get you into trouble. The Olmsted County Attorney’s Office now charges you with sex trafficking based solely on the word of your accuser.
The Online Advertiser in a Suburb
To help a friend who was struggling financially, you agreed to post some ads for their “massage” or “escort” services online and answer initial text messages from a burner phone. You took a small cut to cover your time. While you knew what they were doing, you never thought of it as a criminal enterprise. Now, a police sting has unraveled the operation, and you are facing felony charges in a county like Dakota or Anoka for managing and promoting prostitution.
Legal Defenses That Might Work Against Your Trafficking Charge
When you are facing decades in prison, a passive defense is not an option. The presumption of innocence is your shield, but you need a sword to fight back. An aggressive, proactive defense is essential to challenging the state’s case at every turn. As your attorney, my job is to hold the prosecution to its immense burden of proof and expose the weaknesses, inconsistencies, and misconduct in their investigation. We will not let them build a case on assumptions or the testimony of unreliable witnesses.
The path to defending against a promotion or trafficking charge involves a deep investigation into the facts. We will scrutinize the state’s evidence, challenge the credibility of their witnesses, and file legal motions to suppress illegally obtained evidence. You have defenses, and you have rights. We will use every legal and strategic tool available to protect your freedom.
You Lacked Criminal Knowledge or Intent
The state must prove you knew you were facilitating prostitution. This is often the weakest point in their case, as they cannot read your mind. We will argue that your actions were innocent and that you were unaware of any illegal activity.
- Innocent Business Transaction: If you are a landlord, hotel owner, or driver, we can argue you were merely conducting a normal business transaction. You provided a room or a ride without any knowledge of your client’s or tenant’s intentions or activities.
- No Intent to Profit from Prostitution: Perhaps you received money from the accuser, but it was for legitimate reasons like rent, food, or loan repayment, not as a “cut” of prostitution earnings. We will challenge the state’s financial analysis and show there was no link between the money you received and any illegal acts.
The Accusations Are False or Motivated by Lies
The state’s entire case, especially in trafficking charges, often rests on the testimony of a single complaining witness. This person may have powerful motives to lie.
- Accuser’s Credibility: Is the accuser trying to get a better deal in their own criminal case? Are they a rival or an ex-partner seeking revenge? We will conduct a thorough investigation into the accuser’s background to uncover any history of dishonesty or motives to fabricate their story against you.
- Inconsistent Statements: We will obtain every statement the accuser has ever made to the police, friends, or on social media. We will look for inconsistencies and contradictions that we can use to impeach their testimony in court and show the judge or jury that they cannot be trusted.
The “Victim” Was Not Forced or Coerced
In a sex trafficking case, the element of force, fraud, or coercion is essential. If the individual was engaging in prostitution voluntarily and you did not compel them, the trafficking charge cannot stand.
- Evidence of Voluntariness: We will search for evidence that the complaining witness was acting of their own free will. This could include text messages where they talk about their work as a choice, financial records showing they controlled their own money, or testimony from other witnesses who can confirm their independence.
- No Force, Fraud, or Coercion: We will demand the state provide specific evidence of how you allegedly compelled the person. Vague claims are not enough. Without proof of threats, physical violence, or deception used to control the person, the sex trafficking charge fails.
The Investigation Was Illegal
Major felony investigations often involve complex police tactics like surveillance, confidential informants, and wiretaps. Police must follow strict constitutional rules when using these tools. Any misstep can be fatal to their case.
- Illegal Search and Seizure: Did the police search your home, car, or phone without a valid warrant? If so, any evidence they found as a result of that illegal search can be suppressed, meaning the jury will never see it.
- Unreliable Informants: If the case was built on information from a confidential informant, we have the right to challenge that informant’s reliability and motives. Often, informants are criminals themselves who are providing information in exchange for leniency, giving them a powerful incentive to lie.
Minnesota Promotion & Trafficking FAQs — What You Need to Know Now
Am I definitely going to prison if convicted?
While not absolutely guaranteed, a lengthy prison sentence is the presumptive outcome for nearly any conviction under § 609.322. These are some of the most serious felonies in Minnesota law. The only effective way to avoid prison is to mount an aggressive and successful defense aimed at an acquittal, a dismissal, or a plea to a significantly lesser charge.
What is the difference between promotion of prostitution and sex trafficking?
Promotion of prostitution generally involves managing, supervising, or profiting from what the state considers voluntary sex work. Sex trafficking is a much more serious offense that requires an element of force, fraud, or coercion. It alleges that you compelled someone to engage in prostitution against their will.
What if the complaining witness says they are not a victim?
This can be a powerful fact for your defense. If the person the state calls a “victim” testifies that they were acting voluntarily and were not forced or coerced by you, it can completely gut the prosecution’s sex trafficking case. However, the state may still try to pursue promotion charges.
Can my spouse really be forced to testify against me?
Yes. Under Minnesota Statute § 609.326, the normal marital privilege does not apply in cases prosecuted under § 609.322. The state has the legal authority to subpoena your spouse and compel them to testify about your private affairs in open court. This is a critical and dangerous exception you must be prepared for.
Do I need a lawyer for a felony trafficking charge in Ramsey County?
Yes, without question. This is not an optional expense; it is an absolute necessity. You are facing decades in prison. You need a highly experienced private criminal defense attorney who understands how to fight complex felony cases in the Ramsey County District Court and who has the resources to stand up to a major prosecution.
What does it mean to “receive profit” from prostitution?
This means you received money or anything else of value that you knew was earned through an act of prostitution. The state must prove a direct link. If an individual paid you for rent or groceries with money they happened to earn from prostitution, the state must still prove you knew the source of the funds and accepted it as part of a promotional scheme.
What if I only posted ads online? Can I still be charged?
Yes. Intentionally creating and posting advertisements to solicit patrons for a prostitute is explicitly listed as a method of “promoting prostitution” under the statute and can be charged as a felony.
What if the person involved was my girlfriend/boyfriend?
The nature of your relationship does not matter to the prosecution. In fact, they will often use a romantic relationship to argue you had more control and influence, making it easier to allege coercion or trafficking. Your relationship will be a central part of the case.
What is a “confidential informant” and can they be trusted?
A confidential informant (CI) is a person, often with their own criminal history, who provides information to the police, usually in exchange for money or leniency in their own case. Their testimony is inherently unreliable, and a key part of my defense strategy will be to attack their credibility and expose their motives to lie.
Can the police use a wiretap to listen to my calls?
Yes, but only if they get a specific type of warrant from a judge, which requires a very high standard of proof. If police listened to your calls without a proper warrant, that is an illegal wiretap, and any evidence they gathered from it must be thrown out of court.
Will I have to register as a sex offender?
Possibly. Minnesota law requires predatory offender registration for many offenses under this statute, especially those involving trafficking or minors. This is often a lifetime registration requirement, which is another devastating and life-altering consequence of a conviction.
How can I afford a lawyer for such a serious case?
You must view the cost of a private defense attorney as an investment in your freedom and your future. The cost of a conviction—decades of your life lost in prison, fines, and a complete inability to rebuild your life—is infinitely higher. I provide clear fee structures and will work with you to make a powerful defense possible.
What is the first thing I should do if I am arrested or investigated for this?
Say nothing. You have the right to remain silent—use it. Do not answer any questions, do not try to explain yourself, and do not consent to any searches. State clearly and repeatedly, “I am exercising my right to remain silent, and I want a lawyer.” Then, call me immediately.
Can a felony case like this be dismissed?
Yes, but it is very difficult. A dismissal can happen if we can prove the state’s evidence was obtained illegally, that your constitutional rights were violated, or that there is simply not enough evidence to proceed to trial. It requires an aggressive and proactive legal strategy from the very beginning.
What if I am innocent but the evidence looks bad?
It is my job to show the court the other side of the story. Circumstantial evidence can often be explained in a way that shows your innocence. We will work to create that counter-narrative and introduce the reasonable doubt that the constitution requires for an acquittal.
What a Conviction Could Mean for the Rest of Your Life
A felony conviction under § 609.322 is a legal, social, and economic life sentence. It is a brand that will follow you long after you have served your time in prison. The collateral consequences are catastrophic and designed to be permanent. You are not just fighting the charges; you are fighting for any chance at a normal life in the future.
Decades Behind Bars
The most immediate and terrifying consequence is the loss of your freedom. These are not offenses that result in probation. A conviction means you will be sent to a Minnesota state prison, potentially for decades. You will lose years of your life—time with your family, the ability to work, and the freedom to live your life. This is the primary and most devastating outcome we are fighting to prevent.
Lifetime Registration as a Predatory Offender
For many of these offenses, a conviction comes with a mandatory requirement to register as a predatory offender. This is not a private list. Your name, address, photograph, and the details of your crime will be published on a public website for the rest of your life. You will be forced to report to law enforcement regularly, and your ability to live, work, or even travel will be severely restricted. It is a modern-day form of public shaming from which there is no escape.
Permanent Loss of Civil Rights and Future Employment
As a convicted felon, you will permanently lose your right to vote (until you are off paper), your right to serve on a jury, and your right to own or possess a firearm. The conviction will be a permanent red flag on every background check, making it nearly impossible to find meaningful employment. You will be barred from hundreds of professions by law and from countless others by company policy. Landlords will refuse to rent to you, and banks may deny you loans.
Complete Financial Ruin
The fines associated with these convictions can be as high as $60,000. On top of that, the court may order you to pay a substantial amount of restitution to the alleged victim. This financial burden, combined with your inability to find work after your release from prison, can lead to complete and irreversible financial ruin for you and your family. Any assets you had before the conviction may be seized to pay these debts.
Why You Need a Tough, Experienced Minnesota Felony Attorney
When your opponent is the State of Minnesota and the stakes are this high, you need more than just any lawyer. You need a trial-tested criminal defense attorney with the experience, resources, and resolve to fight a major felony case. The prosecutor’s office has teams of lawyers and investigators dedicated to convicting you. You need a champion in your corner who can meet their force with equal or greater force. This is not a battle you can win on the defensive.
The Private Lawyer Advantage in a High-Stakes Case
A case of this magnitude requires thousands of hours of work, a dedicated investigator, and potentially expert witnesses. A public defender, no matter how skilled, simply does not have the time or resources to provide the level of defense that a sex trafficking or promotion charge demands. As your private attorney, I will devote the necessary resources to your case. We will build a defense team dedicated to one goal: winning your case and preserving your freedom.
How Immediate Action Can Shape the Outcome
From the moment you are arrested or learn you are under investigation, the state is building its case against you. Every day you wait to hire a lawyer is another day they get a head start. By retaining me immediately, I can intervene early. I can advise you during police questioning to ensure you do not incriminate yourself, begin our own investigation to lock in witness testimony, and file motions to prevent the state from gathering more evidence. In a felony case, a strong start is often the key to a successful finish.
Deep Knowledge of Minnesota Felony Procedure
Felony cases proceed very differently than misdemeanors. There are complex procedural rules, grand jury proceedings, and contested omnibus hearings that can make or break a case long before a trial ever begins. I have navigated these complex waters in courtrooms across Minnesota. I know the judges, I know the prosecutors, and I know the arguments that are most effective in these high-level proceedings. This experience is not a luxury; it is a necessity.
Building a Case to Win the Unwinnable Fight
Some people might look at a trafficking charge and think it’s impossible to win. I do not. I believe in the presumption of innocence, and I believe that the state must be held to its burden of proof. I prepare every case as if it is going to a jury trial. We will investigate every lead, challenge every piece of evidence, and prepare to tell your story in the most compelling way possible. This relentless preparation sends a clear message to the prosecutor: we will not be intimidated, and we are ready for a fight. This is how we achieve results—dismissals, acquittals, and favorable resolutions—that others thought were impossible.