Minnesota Prostitution Myths


April 20, 2012     By Appelman Law Firm, LLC

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We've put together a list of 4 common myths about prostitution in Minnesota. - Myth: Only new clients can be undercover cops. Fact: Police often use hobbyists who have already been arrested to pose as people looking for sex in prostitution stings.
This can even happen without the hobbyist’s knowledge. Police have been known to catch a hobbyist after the act of prostitution and threaten an arrest unless he gives up the name of the provider.

Myth: If a provider thinks a client might be an undercover cop, they can avoid a conviction by changing their mind after the act has been agreed upon.

Fact: In order to be convicted of prostitution, there needs to be an agreement to trade sex for money. This is all a prosecution needs to prove someone is guilty of prostitution in Minnesota. Changing your mind after this agreement has been reached matters little. Historically, these types of appeals have been unsuccessful in Minnesota courts.

Myth: While on duty, an undercover cop can’t expose himself, or use drugs.

Fact: Law enforcement officers will go to great lengths to make a prostitution arrest. It is not safe to assume a person is not a cop because he exposes himself. In state vs. Morris, the MN court of appeals ruled that a prostitution case could not be overturned just because an officer exposed himself. Additionally, during prostitution stings, officers will often set out drugs to create the illusion that they are criminals and not cops.

Myth: Prostitution charges are the same no matter where the act of prostitution occurs.

Fact: A person arrested for prostitution in a private residence will usually receive a more lenient punishment than someone arrested in a public place, especially anywhere near a park or school. Also, prostitution takes place where the agreement of sex for money takes place, not necessarily where the sex act occurs. So if you agree to have sex for money at a bar, then go to a hotel to have sex, the act of prostitution was committed at the bar.

AUTHOR: Avery Appelman

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.