Three weeks after a budget crisis shutdown Minnesota’s government, the first order of business in the special session was passing into law a public safety bill that included protections for commercially sexually exploited children. Originally running as a stand-alone bill, the Minnesota “safe harbor” law was wrapped into the public safety bill months ago and was held up during the crisis. By signing this bill into law, Governor Dayton demonstrated that the sexual exploitation of children is a bipartisan concern that everyone wishes to address.
With the law now passed, Minnesota continues to prove it is a leader in protecting commercially sexually exploited children. The new law:
- Excludes sexually exploited children under 16 from the definition of delinquent child;
- Includes the definition of sexually exploited youth in Minnesota’s child protection code;
- Creates a mandatory first-time diversion for any 16 or 17 year old who has been exploited in prostitution (where the child meets the criteria);
- Allows prosecutors to continue diversion or to proceed with CHIPS petitions for children coming through the system an additional time;
- Increases penalties against offender “johns” from $250. The new penalty is a minimum of $500 and max of $750. 40% of fees will go to an account to serve child victims; and
- Directs the commissioner of public safety to work with stakeholders to create a victim-centered response to sexually exploited youth.
Minnesota is building upon some excellent, existing efforts in the state. Ramsey County has effective service programs and protocols. The state also boasts strong collaborations between non-profit and government agencies, including an active human trafficking task force. This strength is incredibly important when passing legislation that seeks to change our approach to sexually exploited children. Strong collaboration not only helps a state develop practical and effective policy; it also helps ensure the right relationships are in place to implement the law effectively.
Over a year ago, ECPAT-USA began a partnership with The Advocates for Human Rights and The Family Partnership. We all wanted to build upon existing good practice in the state by passing a law that protects sexually exploited children from criminal sanction. These two organizations lead a fantastic and thoughtful effort to develop strong policy. But passing a law takes a whole community. Breaking Free, Minnesota Indian Women’s Resource Center, the Statewide Human Trafficking Task Force, The Women’s Foundation of Minnesota, the Ramsey County Attorney’s Office, and many in the law enforcement community came together to do what’s right for kids. It also takes champions in the legislature to make things happen. Representatives Steve Smith, Tony Cornish, and Michael Paymar, and Senators Sandra Pappas, John Marty, and Ron Latz were instrumental in leading the bipartisan effort to pass this progressive new law.
ECPAT-USA is very proud to have partnered with such a fantastic group of advocates and civil servants. We hope other states will learn from and build upon their work.