Bill would enhance maximum penalty for prostitution of a minor

Fixing an unequal level of punishment prescribed in state law on prostitution is a goal of Rep. Marion Rarick (R-Maple Lake).

“Believe it or not, our statutes are misaligned in such a terrible way that criminal sexual conduct of first-degree, third-degree, and fourth-degree, is a higher penalty than prostitution of a minor,” she said.

She sponsors HF128 that would make the maximum penalty for prostitution of a minor match the maximum penalty for first-degree criminal sexual conduct, namely engaging in sexual penetration or sexual contact with a person under age 14.

The House Public Safety Finance and Policy Committee laid the bill over Wednesday for possible inclusion in a committee bill.

Caroline Palmer, interim supervisor of the Violence Prevention Programs Unit at the Department of Health, testifies before the House public safety committee Feb. 12 in support of HF128. Rep. Marion Rarick is the bill sponsor. (Photo by Michele Jokinen)

“Exploitation of children and youth in prostitution is a horrific crime, resulting in short- and long-term physical and mental health harms that not only impact the individual but also families and communities,” said Caroline Palmer, interim supervisor of the Violence Prevention Program Unit at the Department of Health.

“[Exploited children] may end up engaged with the criminal justice system as defendants, which can lead to a lifetime of collateral consequences affecting access to education, employment, housing and their ability to keep their children if they have any,” she said.

Under current law, it is first-degree criminal sexual conduct for someone to engage in sexual penetration or sexual contact with a person under age 14 when “the actor is more than 36 months older than the complainant.” That crime has a maximum 30-year prison sentence. It is also a crime to “engage in prostitution with an individual under the age of 14 years,” with a maximum penalty of 20 years behind bars.

The bill would also increase the maximum penalty for engaging in prostitution with a 14 or 15 year old to match the maximum penalty for criminal sexual conduct in the third degree and the maximum penalty for engaging in prostitution with a person who is 16 or 17 to match the maximum penalty for criminal sexual conduct in the fourth degree.