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<br /> I <br /> I. 3 J /S'Z;) <br /> I such as a bank account or yacht) when it is proved that these items are <br /> property actually used in, or derived from, a pattern of violations of the state's - <br /> I obscenity laws. <br /> Id. at 4185. The Working Group believes that a RICO statute which provided for seizure <br /> I of the contents of a sexually oriented business upon proof of RICO violations would <br /> have the potential to significantly curtail the distribution of obscene materials. <br /> . Although Minnesota does not have a RICO statute, it does have a forfeiture statute <br /> permitting the seizure of money and property which are the proceeds of designated <br /> I felony offenses. Minn. Stat. ~ 609.5312 (1988). But, this statute does not permit seizure <br /> of property related to commission of the offenses most likely to be associated with <br /> I sexually oriented businesses. Obscenity crimes are not among the offenses which <br /> justify forfeiture. Although solicitation or inducement of a person under age 13 (Minn. <br /> . Stat. ~ 609.322, subd. 1) or between the ages of 16 and 18 to practice prostitution <br /> (Minn. Stat. ~ 609.322, subd. 2) are included among the offenses which could justify <br /> I- seizure of property, many crimes involving prostitution are outside the reach of the <br /> present Minnesota forfeiture law. <br /> I The following crimes are not included among the crimes which can justify seizure <br /> of property and profits: solicitation, inducement, or promotion of a person between the <br /> I ages of 13 and 16 to practice prostitution (Minn. Stat. ~ 609.322, subd. 1A); solicitation, <br /> inducement or promotion of a person 18 years of age or older to practice prostitution <br /> I (Minn. Stat. ~ 609.322, subd. 3); receiving profit derived from prostitution (Minn. Stat. <br /> ~ 609.323); owning, operating or managing a "disorderly house," in which conduct <br /> habitually occurs in violation of laws pertaining to liquor, gambling, controlled <br /> I substances or prostitution (Minn. Stat. ~ 609,33). <br /> I Although its reach would be much more limited, the legislature should also <br /> consider providing for forfeiture of property used to commit an obscenity offense or <br /> . which represents the proceeds of obscenity offenses. Under the holding in Fort Wayne <br /> Books, Inc. v. Indiana, such forfeiture could not take place, if at all, until it was provec <br /> that the underlying obscenity crimes had been committed. <br /> I <br /> .e <br /> I -27- <br />