| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to immigration; increasing criminal penalties for human trafficking |
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| 3 | 3 | | 1.3 offenses; prohibiting employment of unauthorized individuals; prohibiting sanctuary |
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| 4 | 4 | | 1.4 cities; requiring reports; amending Minnesota Statutes 2024, sections 171.22; |
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| 5 | 5 | | 1.5 609.282, subdivisions 1, 1a, 2; 609.283, subdivision 2; 609.322, subdivisions 1, |
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| 6 | 6 | | 1.6 1a; proposing coding for new law in Minnesota Statutes, chapters 15; 181; 412. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. [15.987] REPORT TO LEGISLATURE; GOVERNMENT AL |
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| 9 | 9 | | 1.9ASSISTANCE. |
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| 10 | 10 | | 1.10 A state department or agency that provides governmental assistance to individuals in |
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| 11 | 11 | | 1.11Minnesota without legal status in the state must annually report to the legislature, by |
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| 12 | 12 | | 1.12December 15, the total amount of governmental assistance provided to such individuals. |
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| 13 | 13 | | 1.13Governmental assistance includes but is not limited to goods, services, credits, and money |
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| 14 | 14 | | 1.14provided to an individual and any other expenditures or costs incurred by a state department |
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| 15 | 15 | | 1.15or agency resulting directly or indirectly from such individuals. |
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| 16 | 16 | | 1.16 Sec. 2. Minnesota Statutes 2024, section 171.22, is amended to read: |
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| 17 | 17 | | 1.17 171.22 UNLAWFUL ACTS RELATING TO DRIVER'S LICENSE. |
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| 18 | 18 | | 1.18 Subdivision 1.Violations.With regard to any driver's license, including a commercial |
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| 19 | 19 | | 1.19driver's license, it shall be unlawful for any person: |
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| 20 | 20 | | 1.20 (1) to display, cause or permit to be displayed, or have in possession, any fictitious or |
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| 21 | 21 | | 1.21fraudulently altered driver's license or Minnesota identification card; |
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| 22 | 22 | | 1Sec. 2. |
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| 23 | 23 | | REVISOR KLL/MI 25-0411302/20/25 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 2351 |
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| 29 | 29 | | NINETY-FOURTH SESSION |
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| 30 | 30 | | Authored by Schultz03/13/2025 |
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| 31 | 31 | | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (2) to lend the person's driver's license or Minnesota identification card to any other |
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| 32 | 32 | | 2.2person or knowingly permit the use thereof by another; |
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| 33 | 33 | | 2.3 (3) to display or represent as one's own any driver's license or Minnesota identification |
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| 34 | 34 | | 2.4card not issued to that person; |
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| 35 | 35 | | 2.5 (4) to use a fictitious name or date of birth to any police officer or in any application for |
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| 36 | 36 | | 2.6a driver's license or Minnesota identification card, or to knowingly make a false statement, |
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| 37 | 37 | | 2.7or to knowingly conceal a material fact, or otherwise commit a fraud in any such application; |
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| 38 | 38 | | 2.8 (5) to alter any driver's license or Minnesota identification card; |
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| 39 | 39 | | 2.9 (6) to take any part of the driver's license examination for another or to permit another |
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| 40 | 40 | | 2.10to take the examination for that person; |
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| 41 | 41 | | 2.11 (7) to make a counterfeit driver's license or Minnesota identification card; |
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| 42 | 42 | | 2.12 (8) to use the name and date of birth of another person to any police officer for the |
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| 43 | 43 | | 2.13purpose of falsely identifying oneself to the police officer; |
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| 44 | 44 | | 2.14 (9) to display as a valid driver's license any canceled, revoked, or suspended driver's |
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| 45 | 45 | | 2.15license. A person whose driving privileges have been withdrawn may display a driver's |
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| 46 | 46 | | 2.16license only for identification purposes; or |
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| 47 | 47 | | 2.17 (10) to submit a false affidavit or statement to the department on the certification required |
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| 48 | 48 | | 2.18under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), subitem (C), to issue |
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| 49 | 49 | | 2.19an instruction permit to a homeschool student.; or |
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| 50 | 50 | | 2.20 (11) to use or submit a fictitious or fraudulent driver's license or Minnesota identification |
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| 51 | 51 | | 2.21card or use a driver's license or Minnesota identification card not issued to that person as |
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| 52 | 52 | | 2.22one's own for purposes of verifying one's lawful employment status. |
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| 53 | 53 | | 2.23 Subd. 2.Penalties.(a) Any person who violates subdivision 1, clause (11), is guilty of |
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| 54 | 54 | | 2.24a felony and may be sentenced to imprisonment for not more than two years or to payment |
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| 55 | 55 | | 2.25of a fine of not more than $5,000, or both. |
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| 56 | 56 | | 2.26 (b) Any person who violates subdivision 1, clause (7) or (8), is guilty of a gross |
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| 57 | 57 | | 2.27misdemeanor. Any person who violates any other provision of subdivision 1 is guilty of a |
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| 58 | 58 | | 2.28misdemeanor. |
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| 59 | 59 | | 2.29 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 60 | 60 | | 2.30committed on or after that date. |
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| 61 | 61 | | 2Sec. 2. |
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| 62 | 62 | | REVISOR KLL/MI 25-0411302/20/25 3.1 Sec. 3. [181.995] EMPLOYMENT OF UNAUTHORIZED INDIVIDUALS. |
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| 63 | 63 | | 3.2 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined in this |
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| 64 | 64 | | 3.3subdivision have the meanings given. |
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| 65 | 65 | | 3.4 (b) "Commissioner" means the commissioner of labor and industry. |
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| 66 | 66 | | 3.5 (c) "Employee" means a person who performs services for hire in Minnesota for an |
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| 67 | 67 | | 3.6employer. Employee does not include an independent contractor. |
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| 68 | 68 | | 3.7 (d) "Employer" means a person or entity that employs one or more employees in |
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| 69 | 69 | | 3.8Minnesota and includes the state and any political subdivision of the state. |
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| 70 | 70 | | 3.9 (e) "License" means any permit, registration, certification, or other form of approval |
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| 71 | 71 | | 3.10authorized by statute or rule to be issued by the state or a political subdivision of the state |
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| 72 | 72 | | 3.11as a condition of doing business in Minnesota. |
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| 73 | 73 | | 3.12 (f) "Unauthorized individual" means an individual who does not have the legal right or |
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| 74 | 74 | | 3.13authorization under federal law to work in the United States as described in United States |
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| 75 | 75 | | 3.14Code, title 8, section 1324a(h)(3). |
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| 76 | 76 | | 3.15 Subd. 2.Prohibition.No employer shall knowingly employ an unauthorized individual |
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| 77 | 77 | | 3.16as an employee. |
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| 78 | 78 | | 3.17 Subd. 3.Investigations.The commissioner shall investigate possible violations of this |
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| 79 | 79 | | 3.18section whenever the commissioner has cause to believe that a violation has occurred, either |
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| 80 | 80 | | 3.19on the basis of a report of a suspected violation or on the basis of any other credible |
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| 81 | 81 | | 3.20information, including violations found during the course of an investigation. |
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| 82 | 82 | | 3.21 Subd. 4.Enforcement; penalty.(a) Upon a violation of this section, the commissioner |
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| 83 | 83 | | 3.22shall: |
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| 84 | 84 | | 3.23 (1) order the employer to terminate the employment of all unauthorized individuals; and |
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| 85 | 85 | | 3.24 (2) direct the applicable agencies to suspend all licenses held by the employer for up to |
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| 86 | 86 | | 3.2514 business days. |
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| 87 | 87 | | 3.26 (b) The commissioner may issue a penalty to the employer of not less than $1,000 and |
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| 88 | 88 | | 3.27not more than $10,000 per violation of this section. |
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| 89 | 89 | | 3.28 (c) In determining the length of a license suspension and the amount of any penalty, the |
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| 90 | 90 | | 3.29commissioner shall consider any prior misconduct by the employer, the duration of the |
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| 91 | 91 | | 3.30violation, the number of unauthorized individuals employed by the employer, and other |
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| 92 | 92 | | 3.31relevant factors. |
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| 93 | 93 | | 3Sec. 3. |
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| 94 | 94 | | REVISOR KLL/MI 25-0411302/20/25 4.1 (d) For the purposes of this section, proof of verifying the employment authorization of |
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| 95 | 95 | | 4.2an employee through the e-verify program creates a rebuttable presumption that an employer |
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| 96 | 96 | | 4.3did not knowingly employ an unauthorized individual. |
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| 97 | 97 | | 4.4 Sec. 4. [412.926] SANCTUARY CITY PROHIBITION. |
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| 98 | 98 | | 4.5 Subdivision 1.Definition of sanctuary city.For purposes of this section "sanctuary |
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| 99 | 99 | | 4.6city" means a home rule charter or statutory city that prohibits, or in any way restricts, a |
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| 100 | 100 | | 4.7public safety official or employee from: |
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| 101 | 101 | | 4.8 (1) inquiring about a person's citizenship or immigration status; |
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| 102 | 102 | | 4.9 (2) lawfully cooperating with or aiding federal officials or employees charged with |
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| 103 | 103 | | 4.10enforcing immigration laws; |
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| 104 | 104 | | 4.11 (3) providing or receiving information from federal officials or employees charged with |
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| 105 | 105 | | 4.12enforcing immigration laws; |
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| 106 | 106 | | 4.13 (4) maintaining citizenship and immigration status data; or |
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| 107 | 107 | | 4.14 (5) exchanging citizenship and immigration status data with other federal, state, or local |
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| 108 | 108 | | 4.15government entities. |
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| 109 | 109 | | 4.16 Subd. 2.Prohibition.A home rule charter or statutory city shall not enforce an existing |
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| 110 | 110 | | 4.17ordinance or policy or pass an ordinance or policy that establishes a sanctuary city. |
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| 111 | 111 | | 4.18 Sec. 5. Minnesota Statutes 2024, section 609.282, subdivision 1, is amended to read: |
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| 112 | 112 | | 4.19 Subdivision 1.Labor trafficking resulting in death.Whoever knowingly engages in |
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| 113 | 113 | | 4.20the labor trafficking of an individual is guilty of a crime and may be sentenced to |
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| 114 | 114 | | 4.21imprisonment for not more than 25 30 years or to payment of a fine of not more than $40,000 |
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| 115 | 115 | | 4.22$60,000, or both, if the labor trafficking victim dies and the death was proximately caused |
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| 116 | 116 | | 4.23by the labor trafficking conduct of the offender and murder in the first or second degree |
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| 117 | 117 | | 4.24was not committed thereby. |
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| 118 | 118 | | 4.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 119 | 119 | | 4.26committed on or after that date. |
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| 120 | 120 | | 4.27 Sec. 6. Minnesota Statutes 2024, section 609.282, subdivision 1a, is amended to read: |
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| 121 | 121 | | 4.28 Subd. 1a.Individuals under age 18; extended period of time; great bodily |
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| 122 | 122 | | 4.29harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a |
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| 123 | 123 | | 4.30crime and may be sentenced to imprisonment for not more than 20 25 years or to a payment |
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| 124 | 124 | | 4Sec. 6. |
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| 125 | 125 | | REVISOR KLL/MI 25-0411302/20/25 5.1of a fine of not more than $40,000 $50,000, or both, if any of the following circumstances |
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| 126 | 126 | | 5.2exist: |
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| 127 | 127 | | 5.3 (1) the labor trafficking victim is under the age of 18; |
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| 128 | 128 | | 5.4 (2) the labor trafficking occurs over an extended period of time; or |
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| 129 | 129 | | 5.5 (3) the labor trafficking victim suffers great bodily harm and the harm was proximately |
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| 130 | 130 | | 5.6caused by the labor trafficking conduct of the offender. |
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| 131 | 131 | | 5.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 132 | 132 | | 5.8committed on or after that date. |
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| 133 | 133 | | 5.9 Sec. 7. Minnesota Statutes 2024, section 609.282, subdivision 2, is amended to read: |
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| 134 | 134 | | 5.10 Subd. 2.Other offenses.Whoever knowingly engages in the labor trafficking of another |
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| 135 | 135 | | 5.11is guilty of a crime and may be sentenced to imprisonment for not more than 15 20 years |
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| 136 | 136 | | 5.12or to payment of a fine of not more than $30,000 $40,000, or both. |
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| 137 | 137 | | 5.13 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 138 | 138 | | 5.14committed on or after that date. |
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| 139 | 139 | | 5.15 Sec. 8. Minnesota Statutes 2024, section 609.283, subdivision 2, is amended to read: |
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| 140 | 140 | | 5.16 Subd. 2.Penalties.A person who violates subdivision 1 may be sentenced as follows: |
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| 141 | 141 | | 5.17 (1) if the crime involves a victim under the age of 18, to imprisonment for not more than |
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| 142 | 142 | | 5.18ten 15 years or to payment of a fine of $20,000 $30,000, or both; or |
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| 143 | 143 | | 5.19 (2) in other cases, to imprisonment for not more than five ten years or to payment of a |
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| 144 | 144 | | 5.20fine of not more than $10,000 $20,000, or both. |
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| 145 | 145 | | 5.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 146 | 146 | | 5.22committed on or after that date. |
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| 147 | 147 | | 5.23 Sec. 9. Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read: |
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| 148 | 148 | | 5.24 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking |
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| 149 | 149 | | 5.25in the first degree.(a) Whoever, while acting other than as a prostitute or patron, |
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| 150 | 150 | | 5.26intentionally does any of the following may be sentenced to imprisonment for not more |
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| 151 | 151 | | 5.27than 25 30 years or to payment of a fine of not more than $50,000 $60,000, or both: |
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| 152 | 152 | | 5.28 (1) solicits or induces an individual under the age of 18 years to practice prostitution; |
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| 153 | 153 | | 5.29 (2) promotes the prostitution of an individual under the age of 18 years; |
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| 154 | 154 | | 5Sec. 9. |
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| 155 | 155 | | REVISOR KLL/MI 25-0411302/20/25 6.1 (3) receives profit, knowing or having reason to know that it is derived from the |
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| 156 | 156 | | 6.2prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; |
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| 157 | 157 | | 6.3or |
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| 158 | 158 | | 6.4 (4) engages in the sex trafficking of an individual under the age of 18 years. |
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| 159 | 159 | | 6.5 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment |
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| 160 | 160 | | 6.6for not more than 30 35 years or to payment of a fine of not more than $60,000 $70,000, |
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| 161 | 161 | | 6.7or both, if one or more of the following aggravating factors are present: |
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| 162 | 162 | | 6.8 (1) the offender has committed a prior qualified human trafficking-related offense; |
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| 163 | 163 | | 6.9 (2) the offense involved a sex trafficking victim who suffered bodily harm during the |
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| 164 | 164 | | 6.10commission of the offense; |
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| 165 | 165 | | 6.11 (3) the time period that a sex trafficking victim was held in debt bondage or forced or |
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| 166 | 166 | | 6.12coerced labor or services exceeded 180 days; or |
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| 167 | 167 | | 6.13 (4) the offense involved more than one sex trafficking victim. |
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| 168 | 168 | | 6.14 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 169 | 169 | | 6.15committed on or after that date. |
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| 170 | 170 | | 6.16 Sec. 10. Minnesota Statutes 2024, section 609.322, subdivision 1a, is amended to read: |
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| 171 | 171 | | 6.17 Subd. 1a.Solicitation, inducement, and promotion of prostitution; sex trafficking |
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| 172 | 172 | | 6.18in the second degree.Whoever, while acting other than as a prostitute or patron, intentionally |
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| 173 | 173 | | 6.19does any of the following may be sentenced to imprisonment for not more than 20 25 years |
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| 174 | 174 | | 6.20or to payment of a fine of not more than $40,000 $50,000, or both: |
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| 175 | 175 | | 6.21 (1) solicits or induces an individual to practice prostitution; |
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| 176 | 176 | | 6.22 (2) promotes the prostitution of an individual; |
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| 177 | 177 | | 6.23 (3) receives profit, knowing or having reason to know that it is derived from the |
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| 178 | 178 | | 6.24prostitution, or the promotion of the prostitution, of an individual; or |
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| 179 | 179 | | 6.25 (4) engages in the sex trafficking of an individual. |
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| 180 | 180 | | 6.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes |
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| 181 | 181 | | 6.27committed on or after that date. |
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| 182 | 182 | | 6Sec. 10. |
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| 183 | 183 | | REVISOR KLL/MI 25-0411302/20/25 |
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