Public Policy
A firm understanding of the legal definition of human trafficking is important to understand the issue, and helps to create more clarity in the anti-trafficking movement. Since the first human trafficking laws passed in Minnesota in 2005, MNHTTF has been active in providing information that changed Minnesota’s laws and policies. These changes promote victim safety and offender accountability. Please see the Legal Statutes and Definitions page for more information regarding Minnesota’s laws.
Minnesota law defines sex trafficking as:
The “receiving, recruiting, enticing, harboring, providing, or obtaining by any means an individual to aid in the prostitution of the individual” or “ receiving profit or anything of value, knowing or having reason to know it is derived from [sex trafficking].” Minn. Stat. § 609.321, subd. 7a.
Related Statutes:
Minnesota punishes sex trafficking with a maximum of 15 years for an adult, 20 years for an individual under 18, and 25 years where an aggravating factor is involved. Minn. Stat. § 609.322.
Consent or mistake as to age shall not be a defense to prosecutions under section 609.322 or 609.324. Minn. Stat. § 609.325, subd. 2.
The term “prostitution” means engaging or offering or agreeing to engage for hire in sexual penetration or sexual contact. Minn. Stat. § 609.321, subd. 9.
Safe Harbor Law:
In 2011, Minnesota passed the Safe Harbor for Sexually Exploited Youth Law. Safe Harbor went into effect in August 2014, after a three-year planning period called No Wrong Door. Before the Safe Harbor law, sexually exploited and trafficked youth could be considered criminals for trading sex. The Safe Harbor law treats sexually exploited youth as victims who are entitled to services and support. In 2016, the state legislature increased access to Safe Harbor services through age 24. Please see Safe Harbor for more information.
Minnesota law defines labor trafficking as:
The “recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means for the purpose of:
- debt bondage or forced labor or services;
- slavery or practices similar to slavery; or
- the removal of organs through the use of coercion or intimidation; or
- Receiving profit or anything of value, knowing or having reason to know it is derived from [labor trafficking] Minn. Stat. § 609.281.
Related Statutes:
The crime of labor trafficking is a felony punishable by up to 30 years imprisonment and $30,000 fine for trafficking of adults and 40 years/$40,000 for trafficking of minors Minn. Stat. § 609.282.
Additionally, Minn. Stat. § 609.283 criminalized unlawful conduct with respect to documents, and Minn. Stat. § 609.284 defines defenses to labor trafficking and civil corporate liability.
The Minnesota Wage Theft Prevention Act creates additional protections for workers, including adding criminal penalties for employers that commit wage theft. Wage theft happens when employers do not pay their workers the money that is owed them for the work they have provided. Minn. Stat. § 609.52.
Additional Considerations and Resources
Human trafficking is a complex issue. MNHTTF will also compile a list of additional considerations to aid in understanding of the issue and how it presents itself in Minnesota.
Legislative Efforts
MNHTTF connects a network of advocates from around the state to improve Minnesota’s response to human trafficking. Advocates provide support for legislative agendas and policies promoted by community-based nonprofits, survivor advocates, government or tribal agencies, and other partners.