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CCP 11-16-1995
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CCP 11-16-1995
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<br /> I 31/s""c <br /> I . <br /> , <br /> .' such as a bank account or yacht) when it is proved that these rtems are <br /> I <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 beiieves 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 /> I Although Minnesota does not have a RICO statute, ft 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 penmft seizure <br /> of property related to commission of the offenses most likely to be associated wfth <br /> . sexually oriented businesses. Obscenity crimes are not among the offenses which <br /> justify forfeiture. Although solicftation 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 /> seizure of property, many crimes involving prostitution are outside the reach of the <br /> .e 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); solicftation, <br /> inducement or promotion of a person 18 years of age or older to practice prostftution <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 /> . 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 /> I 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 ft was provec <br /> that the underlying obscenity crimes had been committed. <br /> I <br /> .~ <br /> I -27- <br /> -------- <br />
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