6 | | - | 1.6 requiring the Sentencing Guidelines Commission to consider assigning a severity |
---|
7 | | - | 1.7 level ranking to the labor trafficking crime; amending Minnesota Statutes 2022, |
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8 | | - | 1.8 sections 299A.78, subdivision 1; 299A.79, subdivision 3; 609.281, subdivisions |
---|
9 | | - | 1.9 3, 4, 5, by adding a subdivision; 609.282, subdivision 1, by adding a subdivision; |
---|
10 | | - | 1.10 609.321, by adding subdivisions; 609.322, subdivision 1; 609.325, subdivision 4; |
---|
11 | | - | 1.11 repealing Minnesota Statutes 2022, section 609.281, subdivision 2. |
---|
12 | | - | 1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
13 | | - | 1.13 Section 1. Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read: |
---|
14 | | - | 1.14 Subdivision 1.Definitions.For purposes of sections 299A.78 to 299A.795, the following |
---|
15 | | - | 1.15definitions apply: |
---|
16 | | - | 1.16 (a) "Commissioner" means the commissioner of the Department of Public Safety. |
---|
17 | | - | 1.17 (b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations |
---|
18 | | - | 1.18that provide legal, social, or other community services. |
---|
19 | | - | 1.19 (c) "Blackmail" has the meaning given in section 609.281, subdivision 2. |
---|
20 | | - | 1.20 (d) (c) "Debt bondage" has the meaning given in section 609.281, subdivision 3. |
---|
21 | | - | 1.21 (e) (d) "Forced or coerced labor or services" has the meaning given in section 609.281, |
---|
22 | | - | 1.22subdivision 4. |
---|
23 | | - | 1.23 (f) (e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5. |
---|
| 6 | + | 1.6 amending Minnesota Statutes 2022, sections 299A.78, subdivision 1; 299A.79, |
---|
| 7 | + | 1.7 subdivision 3; 609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a |
---|
| 8 | + | 1.8 subdivision; repealing Minnesota Statutes 2022, section 609.281, subdivision 2. |
---|
| 9 | + | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
| 10 | + | 1.10 Section 1. Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read: |
---|
| 11 | + | 1.11 Subdivision 1.Definitions.For purposes of sections 299A.78 to 299A.795, the following |
---|
| 12 | + | 1.12definitions apply: |
---|
| 13 | + | 1.13 (a) "Commissioner" means the commissioner of the Department of Public Safety. |
---|
| 14 | + | 1.14 (b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations |
---|
| 15 | + | 1.15that provide legal, social, or other community services. |
---|
| 16 | + | 1.16 (c) "Blackmail" has the meaning given in section 609.281, subdivision 2. |
---|
| 17 | + | 1.17 (d) (c) "Debt bondage" has the meaning given in section 609.281, subdivision 3. |
---|
| 18 | + | 1.18 (e) (d) "Forced or coerced labor or services" has the meaning given in section 609.281, |
---|
| 19 | + | 1.19subdivision 4. |
---|
| 20 | + | 1.20 (f) (e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5. |
---|
| 21 | + | 1.21 (g) (f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision |
---|
| 22 | + | 1.226. |
---|
| 23 | + | 1.23 (h) (g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a. |
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31 | | - | Introduction and first reading13701/11/2023 |
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32 | | - | Referred to Judiciary and Public Safety |
---|
33 | | - | Author added Pappas20901/17/2023 |
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34 | | - | Comm report: To pass as amended02/20/2023 |
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35 | | - | Second reading 2.1 (g) (f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision |
---|
36 | | - | 2.26. |
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37 | | - | 2.3 (h) (g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a. |
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38 | | - | 2.4 (i) (h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision |
---|
39 | | - | 2.57b. |
---|
40 | | - | 2.6 (j) (i) "Trafficking" includes "labor trafficking" and "sex trafficking." |
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41 | | - | 2.7 (k) (j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking |
---|
42 | | - | 2.8victim." |
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43 | | - | 2.9 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
44 | | - | 2.10 Sec. 2. Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read: |
---|
45 | | - | 2.11 Subd. 3.Public awareness initiative.The public awareness initiative required in |
---|
46 | | - | 2.12subdivision 1 must address, at a minimum, the following subjects: |
---|
47 | | - | 2.13 (1) the risks of becoming a trafficking victim; |
---|
48 | | - | 2.14 (2) common recruitment techniques; use of debt bondage, blackmail, forced or coerced |
---|
49 | | - | 2.15labor and or services, prostitution, and other coercive tactics; and risks of assault, criminal |
---|
50 | | - | 2.16sexual conduct, exposure to sexually transmitted diseases, and psychological harm; |
---|
51 | | - | 2.17 (3) crime victims' rights; and |
---|
52 | | - | 2.18 (4) reporting recruitment activities involved in trafficking. |
---|
53 | | - | 2.19 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
54 | | - | 2.20 Sec. 3. Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read: |
---|
55 | | - | 2.21 Subd. 3.Debt bondage."Debt bondage" means the status or condition of a debtor arising |
---|
56 | | - | 2.22from a pledge by the debtor of the debtor's personal occurs when a person provides labor |
---|
57 | | - | 2.23or services or those of any kind to pay a real or alleged debt of a the person under the debtor's |
---|
58 | | - | 2.24control as a security for debt or another, if the value of those the labor or services as |
---|
59 | | - | 2.25reasonably assessed is not applied toward the liquidation of the debt or the length and nature |
---|
60 | | - | 2.26of those the labor or services are not respectively limited and defined. |
---|
61 | | - | 2.27 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
62 | | - | 2.28committed on or after that date. |
---|
63 | | - | 2Sec. 3. |
---|
64 | | - | S0133-1 1st EngrossmentSF133 REVISOR KLL 3.1 Sec. 4. Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read: |
---|
65 | | - | 3.2 Subd. 4.Forced or coerced labor or services."Forced or coerced labor or services" |
---|
66 | | - | 3.3means labor or services of any kind that are performed or provided by another person and |
---|
67 | | - | 3.4are obtained or maintained through an actor's: |
---|
68 | | - | 3.5 (1) threat, either implicit or explicit, scheme, plan, or pattern, or other action or statement |
---|
69 | | - | 3.6intended to cause a person to believe that, if the person did not perform or provide the labor |
---|
70 | | - | 3.7or services, that person or another person would suffer bodily harm or physical restraint; |
---|
71 | | - | 3.8sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily, |
---|
72 | | - | 3.9psychological, demonstrable economic, or demonstrable reputational harm that is sufficiently |
---|
73 | | - | 3.10serious, under all the surrounding circumstances, to compel a reasonable person of the same |
---|
74 | | - | 3.11background and in the same circumstances to perform or to continue performing labor or |
---|
75 | | - | 3.12services in order to avoid incurring that harm; |
---|
76 | | - | 3.13 (2) physically restraining or threatening to physically restrain sexual contact, as defined |
---|
77 | | - | 3.14in section 609.341, subdivision 11, paragraph (b), with a person; |
---|
78 | | - | 3.15 (3) physical restraint of a person; |
---|
79 | | - | 3.16 (4) infliction of bodily, psychological, demonstrable economic, or demonstrable |
---|
80 | | - | 3.17reputational harm that is sufficiently serious, under all the surrounding circumstances, to |
---|
81 | | - | 3.18compel a reasonable person of the same background and in the same circumstances to |
---|
82 | | - | 3.19perform or to continue performing labor or services in order to avoid incurring that harm; |
---|
83 | | - | 3.20 (3) (5) abuse or threatened abuse of the legal process, including the use or threatened |
---|
84 | | - | 3.21use of a law or legal process, whether administrative, civil, or criminal; or |
---|
85 | | - | 3.22 (4) knowingly destroying, concealing, removing, confiscating, or possessing (6) |
---|
86 | | - | 3.23destruction, concealment, removal, confiscation, withholding, or possession of any actual |
---|
87 | | - | 3.24or purported passport or other immigration document, or any other actual or purported |
---|
88 | | - | 3.25government identification document, of another person; or. |
---|
89 | | - | 3.26 (5) use of blackmail. |
---|
90 | | - | 3.27 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
91 | | - | 3.28committed on or after that date. |
---|
92 | | - | 3.29 Sec. 5. Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read: |
---|
93 | | - | 3.30 Subd. 5.Labor trafficking."Labor trafficking" means: |
---|
94 | | - | 3.31 (1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining, |
---|
95 | | - | 3.32or receipt of a person by any means, for the purpose in furtherance of: |
---|
| 31 | + | Introduction and first reading01/11/2023 |
---|
| 32 | + | Referred to Judiciary and Public Safety 2.1 (i) (h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision |
---|
| 33 | + | 2.27b. |
---|
| 34 | + | 2.3 (j) (i) "Trafficking" includes "labor trafficking" and "sex trafficking." |
---|
| 35 | + | 2.4 (k) (j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking |
---|
| 36 | + | 2.5victim." |
---|
| 37 | + | 2.6 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
| 38 | + | 2.7 Sec. 2. Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read: |
---|
| 39 | + | 2.8 Subd. 3.Public awareness initiative.The public awareness initiative required in |
---|
| 40 | + | 2.9subdivision 1 must address, at a minimum, the following subjects: |
---|
| 41 | + | 2.10 (1) the risks of becoming a trafficking victim; |
---|
| 42 | + | 2.11 (2) common recruitment techniques; use of debt bondage, blackmail, forced or coerced |
---|
| 43 | + | 2.12labor and or services, prostitution, and other coercive tactics; and risks of assault, criminal |
---|
| 44 | + | 2.13sexual conduct, exposure to sexually transmitted diseases, and psychological harm; |
---|
| 45 | + | 2.14 (3) crime victims' rights; and |
---|
| 46 | + | 2.15 (4) reporting recruitment activities involved in trafficking. |
---|
| 47 | + | 2.16 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
| 48 | + | 2.17 Sec. 3. Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read: |
---|
| 49 | + | 2.18 Subd. 3.Debt bondage."Debt bondage" means the status or condition of a debtor arising |
---|
| 50 | + | 2.19from a pledge by the debtor of the debtor's personal occurs when a person provides labor |
---|
| 51 | + | 2.20or services or those of any kind to pay a real or alleged debt of a the person under the debtor's |
---|
| 52 | + | 2.21control as a security for debt or another, if the value of those the labor or services as |
---|
| 53 | + | 2.22reasonably assessed is not applied toward the liquidation of the debt or the length and nature |
---|
| 54 | + | 2.23of those the labor or services are not respectively limited and defined. |
---|
| 55 | + | 2.24 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
| 56 | + | 2.25committed on or after that date. |
---|
| 57 | + | 2.26 Sec. 4. Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read: |
---|
| 58 | + | 2.27 Subd. 4.Forced or coerced labor or services."Forced or coerced labor or services" |
---|
| 59 | + | 2.28means labor or services of any kind that are performed or provided by another person and |
---|
| 60 | + | 2.29are obtained or maintained through an actor's: |
---|
| 61 | + | 2Sec. 4. |
---|
| 62 | + | 23-00631 as introduced11/29/22 REVISOR KLL/BM 3.1 (1) threat, either implicit or explicit, scheme, plan, or pattern, or other action or statement |
---|
| 63 | + | 3.2intended to cause a person to believe that, if the person did not perform or provide the labor |
---|
| 64 | + | 3.3or services, that person or another person would suffer bodily harm or physical restraint; |
---|
| 65 | + | 3.4sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily, |
---|
| 66 | + | 3.5psychological, economic, or reputational harm; |
---|
| 67 | + | 3.6 (2) physically restraining or threatening to physically restrain sexual contact, as defined |
---|
| 68 | + | 3.7in section 609.341, subdivision 11, paragraph (b), with a person; |
---|
| 69 | + | 3.8 (3) physical restraint of a person; |
---|
| 70 | + | 3.9 (4) infliction of bodily, psychological, economic, or reputational harm; |
---|
| 71 | + | 3.10 (3) (5) abuse or threatened abuse of the legal process, including the use or threatened |
---|
| 72 | + | 3.11use of a law or legal process, whether administrative, civil, or criminal; or |
---|
| 73 | + | 3.12 (4) knowingly destroying, concealing, removing, confiscating, or possessing (6) |
---|
| 74 | + | 3.13destruction, concealment, removal, confiscation, withholding, or possession of any actual |
---|
| 75 | + | 3.14or purported passport or other immigration document, or any other actual or purported |
---|
| 76 | + | 3.15government identification document, of another person; or. |
---|
| 77 | + | 3.16 (5) use of blackmail. |
---|
| 78 | + | 3.17 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
| 79 | + | 3.18committed on or after that date. |
---|
| 80 | + | 3.19 Sec. 5. Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read: |
---|
| 81 | + | 3.20 Subd. 5.Labor trafficking."Labor trafficking" means: |
---|
| 82 | + | 3.21 (1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining, |
---|
| 83 | + | 3.22or receipt of a person by any means, for the purpose in furtherance of: |
---|
| 84 | + | 3.23 (i) debt bondage or; |
---|
| 85 | + | 3.24 (ii) forced or coerced labor or services; |
---|
| 86 | + | 3.25 (ii) (iii) slavery or practices similar to slavery; or |
---|
| 87 | + | 3.26 (iii) (iv) the removal of organs through the use of coercion or intimidation; or |
---|
| 88 | + | 3.27 (2) receiving profit or anything of value, knowing or having reason to know it is derived |
---|
| 89 | + | 3.28from an act described in clause (1). |
---|
| 90 | + | 3.29 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
| 91 | + | 3.30committed on or after that date. |
---|
97 | | - | S0133-1 1st EngrossmentSF133 REVISOR KLL 4.1 (i) debt bondage or; |
---|
98 | | - | 4.2 (ii) forced or coerced labor or services; |
---|
99 | | - | 4.3 (ii) (iii) slavery or practices similar to slavery; or |
---|
100 | | - | 4.4 (iii) (iv) the removal of organs through the use of coercion or intimidation; or |
---|
101 | | - | 4.5 (2) receiving profit or anything of value, knowing or having reason to know it is derived |
---|
102 | | - | 4.6from an act described in clause (1). |
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103 | | - | 4.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
104 | | - | 4.8committed on or after that date. |
---|
105 | | - | 4.9 Sec. 6. Minnesota Statutes 2022, section 609.281, is amended by adding a subdivision to |
---|
106 | | - | 4.10read: |
---|
107 | | - | 4.11 Subd. 7.Psychological harm."Psychological harm" means harm that causes mental |
---|
108 | | - | 4.12distress, mental suffering, or mental anguish as demonstrated by a victim's response to an |
---|
109 | | - | 4.13act, including but not limited to seeking psychotherapy as defined in section 604.20, losing |
---|
110 | | - | 4.14sleep or appetite, being diagnosed with a mental health condition, experiencing suicidal |
---|
111 | | - | 4.15ideation, or having difficulty concentrating on tasks resulting in a loss of productivity. |
---|
112 | | - | 4.16 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
113 | | - | 4.17committed on or after that date. |
---|
114 | | - | 4.18 Sec. 7. Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read: |
---|
115 | | - | 4.19 Subdivision 1.Individuals under age 18 Labor trafficking resulting in death.Whoever |
---|
116 | | - | 4.20knowingly engages in the labor trafficking of an individual who is under the age of 18 is |
---|
117 | | - | 4.21guilty of a crime and may be sentenced to imprisonment for not more than 20 25 years or |
---|
118 | | - | 4.22to payment of a fine of not more than $40,000, or both if the labor trafficking victim dies |
---|
119 | | - | 4.23and the death was proximately caused by the labor trafficking conduct of the offender and |
---|
120 | | - | 4.24murder in the first or second degree was not committed thereby. |
---|
121 | | - | 4.25 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
122 | | - | 4.26committed on or after that date. |
---|
123 | | - | 4.27 Sec. 8. Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to |
---|
124 | | - | 4.28read: |
---|
125 | | - | 4.29 Subd. 1a.Individuals under age 18; extended period of time; great bodily |
---|
126 | | - | 4.30harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a |
---|
| 93 | + | 23-00631 as introduced11/29/22 REVISOR KLL/BM 4.1 Sec. 6. Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read: |
---|
| 94 | + | 4.2 Subdivision 1.Individuals under age 18 Labor trafficking resulting in death.Whoever |
---|
| 95 | + | 4.3knowingly engages in the labor trafficking of an individual who is under the age of 18 is |
---|
| 96 | + | 4.4guilty of a crime and may be sentenced to imprisonment for not more than 20 25 years or |
---|
| 97 | + | 4.5to payment of a fine of not more than $40,000, or both if the labor trafficking victim dies |
---|
| 98 | + | 4.6and the death arose out of and in the course of the labor trafficking or the labor and services |
---|
| 99 | + | 4.7related to the labor trafficking. |
---|
| 100 | + | 4.8 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
| 101 | + | 4.9committed on or after that date. |
---|
| 102 | + | 4.10 Sec. 7. Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision to |
---|
| 103 | + | 4.11read: |
---|
| 104 | + | 4.12 Subd. 1a.Individuals under age 18; extended period of time; great bodily |
---|
| 105 | + | 4.13harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a |
---|
| 106 | + | 4.14crime and may be sentenced to imprisonment for not more than 20 years or to a payment |
---|
| 107 | + | 4.15of a fine of not more than $40,000, or both if any of the following circumstances exist: |
---|
| 108 | + | 4.16 (1) the labor trafficking victim is under the age of 18; |
---|
| 109 | + | 4.17 (2) the labor trafficking occurs over an extended period of time; or |
---|
| 110 | + | 4.18 (3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose |
---|
| 111 | + | 4.19out of and in the course of the labor trafficking or the labor and services related to the labor |
---|
| 112 | + | 4.20trafficking. |
---|
| 113 | + | 4.21 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
| 114 | + | 4.22committed on or after that date. |
---|
| 115 | + | 4.23 Sec. 8. REPEALER. |
---|
| 116 | + | 4.24 Minnesota Statutes 2022, section 609.281, subdivision 2, is repealed. |
---|
| 117 | + | 4.25 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
128 | | - | S0133-1 1st EngrossmentSF133 REVISOR KLL 5.1crime and may be sentenced to imprisonment for not more than 20 years or to a payment |
---|
129 | | - | 5.2of a fine of not more than $40,000, or both if any of the following circumstances exist: |
---|
130 | | - | 5.3 (1) the labor trafficking victim is under the age of 18; |
---|
131 | | - | 5.4 (2) the labor trafficking occurs over an extended period of time; or |
---|
132 | | - | 5.5 (3) the labor trafficking victim suffers great bodily harm and the harm was proximately |
---|
133 | | - | 5.6caused by the labor trafficking conduct of the offender. |
---|
134 | | - | 5.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
135 | | - | 5.8committed on or after that date. |
---|
136 | | - | 5.9 Sec. 9. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision to |
---|
137 | | - | 5.10read: |
---|
138 | | - | 5.11 Subd. 15.Debt bondage."Debt bondage" has the meaning given in section 609.281, |
---|
139 | | - | 5.12subdivision 3. |
---|
140 | | - | 5.13 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
141 | | - | 5.14 Sec. 10. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision |
---|
142 | | - | 5.15to read: |
---|
143 | | - | 5.16 Subd. 16.Forced or coerced labor or services."Forced or coerced labor or services" |
---|
144 | | - | 5.17has the meaning given in section 609.281, subdivision 4. |
---|
145 | | - | 5.18 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
146 | | - | 5.19 Sec. 11. Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision |
---|
147 | | - | 5.20to read: |
---|
148 | | - | 5.21 Subd. 17.Labor trafficking victim."Labor trafficking victim" has the meaning given |
---|
149 | | - | 5.22in section 609.281, subdivision 6. |
---|
150 | | - | 5.23 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
151 | | - | 5.24 Sec. 12. Minnesota Statutes 2022, section 609.322, subdivision 1, is amended to read: |
---|
152 | | - | 5.25 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking |
---|
153 | | - | 5.26in the first degree.(a) Whoever, while acting other than as a prostitute or patron, |
---|
154 | | - | 5.27intentionally does any of the following may be sentenced to imprisonment for not more |
---|
155 | | - | 5.28than 25 years or to payment of a fine of not more than $50,000, or both: |
---|
156 | | - | 5.29 (1) solicits or induces an individual under the age of 18 years to practice prostitution; |
---|
157 | | - | 5Sec. 12. |
---|
158 | | - | S0133-1 1st EngrossmentSF133 REVISOR KLL 6.1 (2) promotes the prostitution of an individual under the age of 18 years; |
---|
159 | | - | 6.2 (3) receives profit, knowing or having reason to know that it is derived from the |
---|
160 | | - | 6.3prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; |
---|
161 | | - | 6.4or |
---|
162 | | - | 6.5 (4) engages in the sex trafficking of an individual under the age of 18 years. |
---|
163 | | - | 6.6 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment |
---|
164 | | - | 6.7for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one |
---|
165 | | - | 6.8or more of the following aggravating factors are present: |
---|
166 | | - | 6.9 (1) the offender has committed a prior qualified human trafficking-related offense; |
---|
167 | | - | 6.10 (2) the offense involved a sex trafficking victim who suffered bodily harm during the |
---|
168 | | - | 6.11commission of the offense; |
---|
169 | | - | 6.12 (3) the time period that a sex trafficking victim was held in debt bondage or forced or |
---|
170 | | - | 6.13coerced labor or services exceeded 180 days; or |
---|
171 | | - | 6.14 (4) the offense involved more than one sex trafficking victim. |
---|
172 | | - | 6.15 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
---|
173 | | - | 6.16committed on or after that date. |
---|
174 | | - | 6.17 Sec. 13. Minnesota Statutes 2022, section 609.325, subdivision 4, is amended to read: |
---|
175 | | - | 6.18 Subd. 4.Affirmative defense.It is an affirmative defense to a charge under section |
---|
176 | | - | 6.19609.324, subdivision 6 or 7, if the defendant proves by a preponderance of the evidence |
---|
177 | | - | 6.20that the defendant is a labor trafficking victim, as defined in section 609.281, or a sex |
---|
178 | | - | 6.21trafficking victim, as defined in section 609.321, and that the defendant committed the acts |
---|
179 | | - | 6.22underlying the charge as a result of being a labor trafficking or sex trafficking victim. |
---|
180 | | - | 6.23 Sec. 14. SEVERITY LEVEL RANKING REVIEW. |
---|
181 | | - | 6.24 The Sentencing Guidelines Commission shall consider assigning an offense severity |
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182 | | - | 6.25level to labor trafficking under Minnesota Statutes, section 609.282, subdivision 2, and the |
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183 | | - | 6.26enhanced penalty provisions in sections 6 and 7. |
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184 | | - | 6.27 Sec. 15. REPEALER. |
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185 | | - | 6.28 Minnesota Statutes 2022, section 609.281, subdivision 2, is repealed. |
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186 | | - | 6.29 EFFECTIVE DATE.This section is effective August 1, 2023. |
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187 | | - | 6Sec. 15. |
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188 | | - | S0133-1 1st EngrossmentSF133 REVISOR KLL 609.281 DEFINITIONS. |
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| 119 | + | 23-00631 as introduced11/29/22 REVISOR KLL/BM 609.281 DEFINITIONS. |
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