Legal Question in Criminal Law in Minnesota

Re: Possible Prostitution Charges

I am not aware of a Minnesota criminal law specifically regarding the use of the internet to facilitate prostitution. I couldn't rule it out without (being paid to) research, but for now your situation sounds suspicious. Why?

Only the government or its prosecuting attorneys can charge someone with a crime, and prosecute them. A private citizen can make a complaint to law enforcement (or a prosecution agency) only. Even if a complaint is made, the government (law enforcement and prosecution agencies) have discretion about whether the evidence and the alleged crime warrant their using limited public resources to investigate and prosecute. This seems to beg the question, what is the motivation of this person who is threatening you? (By the way, this kind of threat could be a crime if it is intended to get you to do or not do something lawful, see Minnesota Statutes Section 609.27 "Coercion.")

I can imagine at least two possible motivations: (1) someone who wants to extort you for sex or money; (2) someone who views himself as some kind of vigilante. In either case, a good strategy would probably include avoiding saying or writing anything whatsoever to them, no matter what they do to try to get you to do so. This would have to include refraining from the entire subject matter on the internet, since the same person could pretend to be someone else. Next, you could attempt to record, save or otherwise document incoming messages or phone voice mails, caller IDs, whatever. Make a record as best you can, without responding in any way.

People have been charged with prostitution based upon an offer of sexual contact for money, and acceptance of that offer, even where no money was actually paid. The prostitution statute, Minnesota Statutes Section 609.321 defines "prostitution" as including "engaging or offering or agreeing to engage for hire in sexual penetration or sexual contact." Watching someone masturbate would not appear to be included in that definition. I doubt any police officer or prosecutor would be willing to attempt prosecuting a person on those alleged facts. However, you may want to consult with a criminal defense lawyer so that you can provide all known relevant information for a better sense of the issue.

The most important things to "do now" would probably include: (1) avoid writing or saying anything to anyone who could be this person; and, (2) avoid future similar conduct.

Re: Possible Prostitution Charges

I looked at the Minnesota Prostitution statute. I did not perform exhaustive research, but the research that I did perform did not turn up anything about internet prostitution.

Best thing to do is nothing. Don't talk to this person anymore. If a law enforcement officer comes to your door, remember that you don't have to answer any of their questions. Politely state that you decline to talk to the officer unless your attorney is present.

Good luck!

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Chambers, Harvey & Carpenter [email protected] 5076253000