Minnesota Solicitation Defense Attorney
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A solicitation charge in Minnesota can be a misdemeanor or gross misdemeanor carrying up to 364 days in jail and a mandatory minimum fine. If you were arrested in a sting operation in Bloomington, Minneapolis, or anywhere in Hennepin County, you have the right to challenge the evidence, the police procedures, and the charges. Understanding your options early can make a significant difference in the outcome of your case.
What Is Solicitation Under Minnesota Law?
Minnesota Statute 609.324 makes it illegal to hire, offer to hire, or agree to hire another person for sexual penetration or sexual contact. No money needs to change hands and no sexual act needs to occur — an agreement or offer alone can result in charges. Online messages and text conversations are frequently used as evidence.
Solicitation Penalties in Minnesota
Misdemeanor (1st offense, adult, non-public place)
- Up to 90 days in jail
- Fine up to $1,000 (mandatory minimum $500)
Gross Misdemeanor (public place, hotel room, or repeat offense within 2 years)
- Up to 364 days in jail
- Fine up to $3,000 (mandatory minimum $1,500)
Note: Under Minnesota law, a privately rented hotel room is considered a "public place."
Felony (minor involved or repeat offense within 10 years)
- Up to 5–20 years in prison depending on age of minor
- Fine up to $10,000–$40,000
- Possible sex offender registration
Defenses to Solicitation Charges
- Entrapment: Law enforcement induced conduct the person would not have otherwise committed.
- Lack of intent: Communications were misinterpreted or no actual agreement was reached.
- Constitutional violations: Illegal search, failure to read Miranda rights, or other procedural errors that may lead to evidence suppression.
- Insufficient evidence: The prosecution must prove intent beyond a reasonable doubt.
Consequences Beyond Criminal Penalties
- Criminal record visible on background checks
- Professional license suspension or denial in healthcare, education, finance, and government roles
- Employment challenges even with Minnesota's Ban the Box law
- Driving record notation if a vehicle was used in the offense
- Public embarrassment from online arrest records
- Possible expungement after a waiting period under Minnesota law
Solicitation Defense FAQs
What are the penalties for solicitation in Minnesota?
Solicitation penalties depend on the circumstances. A first offense involving an adult is a misdemeanor with up to 90 days in jail and a $500 minimum fine. If the offense occurs in a public place or hotel room, it becomes a gross misdemeanor with up to 364 days in jail and a $1,500 minimum fine. Cases involving a minor are charged as felonies with significantly harsher penalties.
Can I use entrapment as a defense in a sting operation?
Entrapment may be a valid defense if law enforcement induced you to commit an act you would not have otherwise committed. The key question is whether the idea originated with police or with the accused. An experienced defense attorney can evaluate the specific facts of the sting operation to determine if an entrapment defense applies.
Will a solicitation charge appear on my background check?
A solicitation conviction will appear on criminal background checks conducted by employers, landlords, and licensing agencies. Minnesota's Ban the Box law prevents employers from asking about criminal history on initial applications, but they may inquire later in the hiring process. Expungement may be available after a waiting period.
Is solicitation a sex offense in Minnesota?
Solicitation of an adult is not automatically classified as a sex offense requiring registration. However, if the charge involves a minor, it may be classified as sex trafficking and require sex offender registration for a minimum of 10 years or potentially for life.
What should I do if I was arrested in a solicitation sting?
Exercise your right to remain silent and contact a defense attorney as soon as possible. Do not discuss the case with anyone, including on social media. An attorney can review the evidence, evaluate potential defenses, and work to protect your rights throughout the legal process.
Contact Ashley Heaney
If you are facing solicitation charges in Minnesota, early legal counsel can help protect your rights and your future. Call to discuss your case in a confidential consultation.
Call 612‑547‑6053