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Subdivision 1.Definitions.
As used in this section:
(a) "child" means a person 15 years of age or younger;
(b) "sexual conduct" means sexual contact of the individual's primary genital area, sexual penetration as defined in section 609.341, or sexual performance as defined in section 617.246; and
(c) "solicit" means commanding, entreating, or attempting to persuade a specific person in person, by telephone, by letter, or by computerized or other electronic means.
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Subd. 2.Prohibited act.
A person 18 years of age or older who solicits a child or someone the person reasonably believes is a child to engage in sexual conduct with intent to engage in sexual conduct is guilty of a felony and may be sentenced as provided in subdivision 4.
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Subd. 2a.Electronic solicitation of children.
A person 18 years of age or older who uses the Internet, a computer, computer program, computer network, computer system, an electronic communications system, or a telecommunications, wire, or radio communications system, or other electronic device capable of electronic data storage or transmission to commit any of the following acts, with the intent to arouse the sexual desire of any person, is guilty of a felony and may be sentenced as provided in subdivision 4:
(1) soliciting a child or someone the person reasonably believes is a child to engage in sexual conduct;
(2) engaging in communication with a child or someone the person reasonably believes is a child, relating to or describing sexual conduct; or
(3) distributing any material, language, or communication, including a photographic or video image, that relates to or describes sexual conduct to a child or someone the person reasonably believes is a child.
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Subd. 2b.Jurisdiction.
A person may be convicted of an offense under subdivision 2a if the transmission that constitutes the offense either originates within this state or is received within this state.
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Subd. 3.Defenses.
(a) Mistake as to age is not a defense to a prosecution under this section.
(b) The fact that an undercover operative or law enforcement officer was involved in the detection or investigation of an offense under this section does not constitute a defense to a prosecution under this section.
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Subd. 4.Penalty.
A person convicted under subdivision 2 or 2a is guilty of a felony and may be sentenced to imprisonment for not more than five years, or to payment of a fine of not more than $10,000, or both.
Notes of Decisions
Cited in
24
cases (
1 in the last 5 years), 1993–2024 · leading case:
State v. Koenig, 666 N.W.2d 366 (Minn. 2003).
State v. Koenig, 666 N.W.2d 366 (Minn. 2003).
· cites it 80× “Koenig was subsequently charged with three counts of sexual misconduct, including child solicitation under Minn.Stat. § 609.352, subd. 2 (2002). The Hennepin County District Court dismissed the solicitation charge for lack of probable cause, finding that the child initiated…”
State v. Muccio, 890 N.W.2d 914 (Minn. 2017).
· cites it 103× “The question presented in this case is whether Minn. Stat. § 609.352 , subd. 2a(2) (2016), violates the First Amendment to the United States Constitution.”
State of Minnesota v. Krista Ann Muccio, 881 N.W.2d 149 (Minn. Ct. App. 2016).
· cites it 66× “Appellant challenges the district court’s order determining that Minn.Stat. § 609.352, subd. 2a(2), is unconstitutionally overbroad on its face and dismissing charge against respondent under the statute.”
State v. Ulrich, 829 N.W.2d 429 (Minn. Ct. App. 2013).
· cites it 48× “lb(a)(2), to Minn.Stat. § 609.352 (2010) is limited to offenses involving “soliciting a minor to engage in sexual conduct,” predatory-offender registration is not required for violations of Minn.”
State v. McGrath, 574 N.W.2d 99 (Minn. Ct. App. 1998).
· cites it 24× “Appellant James Michael McGrath seeks reversal of his conviction for solicitation of a child to engage in sexual conduct in violation of Minn.Stat. § 609.352, subd. 2 (1996), for an incident in which he approached a twelve-year-old boy, D.”
State v. Gundy, 915 N.W.2d 757 (Minn. Ct. App. 2018).
· cites it 30× “You know? I was thinking, are you f-cking out of your mind or what? I mean, who wouldn't?" The state charged Gundy with one count of electronic solicitation of a child in violation of Minn. Stat. § 609.352 , subd. 2a(1), *762 and one count of possession of a controlled substance…”
State v. Koenig, 649 N.W.2d 484 (Minn. Ct. App. 2002).
· cites it 12× “) to engage in sexual conduct under Minn. Stat. § 609.352 , subd. 1, and engaging in lewd conduct in the presence of a minor (J.”
Matter of Welfare of A. J. B., 929 N.W.2d 840 (Minn. 2019).
· cites it 4× “In Muccio , we held that Minn. Stat. § 609.352 , subd. 2a(2) (2018), was not overbroad.”
State v. Levie, 695 N.W.2d 619 (Minn. Ct. App. 2005).
· cites it 12× “1, 4(2) (2002), and two counts of solicitation of a child to engage in sexual conduct, in violation of Minn.Stat. § 609.352 (2002). Appellant waived his right to a jury trial and was convicted on all four counts by the district court.”
State v. Decker, 916 N.W.2d 385 (Minn. 2018).
· cites it 6× “The dissent argues that Minn. Stat. § 609.352 (2016) (criminalizing the electronic communication of sexually explicit materials to minors) and Minn.”
State v. Scott, 501 N.W.2d 608 (Minn. 1993).
· cites it 6× “1(a) (1990) and one charge of solicitation of a minor in violation of Minn.Stat. § 609.352 (1990). As to H.S., the jury convicted Scott of two charges of first degree criminal sexual conduct in violation of Minn.”
State v. Coonrod, 652 N.W.2d 715 (Minn. Ct. App. 2002).
· cites it 3× “Minn.Stat. § 609.352, subd. 1(a), (2) (2000).”
— Minn. Stat. § 609.352(2) — 1 case
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