A Minnesota State Senator who was arrested last week for attempting to solicit a minor has officially been charged by federal prosecutors for his actions.
Sen. Justin Eichorn, R-Grand Rapids, was arrested last Monday after allegedly trying to meet up with a 17-year-old girl for sex. The “girl” he was messaging was actually a law enforcement member from the Bloomington Police Department posing as an underage teen.
According to police, the group had been running an undercover operation targeting underage commercial sex and had posted an online advertisement to which Eichorn, 40, responded to on March 11. Although the original online advertisement featured images of a person claiming to be 18, the undercover officer repeatedly told Eichorn she was actually 17 years old.
“I am 17…like I said don’t want any drama but wanna be upfront cause one guy got hella mad at me,” the officer posing as a teenager said.
“Why was he so mad? I think age of consent is 17 when do ya turn 18?” the senator replied, before saying he believed the age of consent was 16, and only over 18 if it involves a person in a position of authority, according to the federal charges.
Despite this information, Eichorn continued to inquire about pricing for various sex acts before asking to meet in person on Monday evening. The senator arrived in a pickup truck and was arrested by uniformed officers without further incident, according to police. Inside his vehicle, police found $129 in cash, two iPhones and a condom.
Eichorn was initially charged with soliciting prostitution from a minor over the age of 16 but under 18, but the Hennepin County Attorney’s Office dropped the state case now that federal prosecutors are pursuing a charge of attempted coercion and enticement of a minor.
Avery Appelman Breaks It All Down
“State GOP Senator Justin Eichorn was arrested in the usual ‘Brittney sting’ wherein he responded to an online advertisement via text messages. He was initially charged in State Court with solicitation of a prostitute under the age of 18 but older than 16, which is a felony. That case has now been dropped and the Feds have picked this up and charged him with more serious matters. In fact, he is looking at 10 years to life in prison.
This is a serious escalation from the prosecution. The Feds and State law enforcement have been running demand-side sting operations for years, and every one of the previous cases has been prosecuted in state district court. Today, the federal government is speaking very clearly that these types of crimes will not be tolerated and will be prosecuted with the potential for serious consequences. For instance, Eichorn is facing the prospect of 78 to 97 months in prison. This prospect alone should deter many who might otherwise seek to commit these crimes.
Prostitution is an offer or agreement to engage in sexual contact or sexual penetration for hire. The crime becomes enhanced or made more serious when the alleged prostitute is under the age of 18. There is no need to physically touch the prostitute, no need to transfer fluids, all that is required is an offer or agreement to engage in sex of money.
The state constructs these prosecutions with extensive amounts of circumstantial evidence – evidence which allows the jury to draw on their life experiences and intuition to make reasonable conclusions from the evidence presented. To that end, the government will outline a circumstantial case consisting of:
1. The website law enforcement used to post the ads on – normally a website facilitating sex for money transactions, sites such as Tryst.com, EscortMonkey.com, Eros.com. These sites are used by escorts to post ads;
2. The text message conversation – what was communicated, rates for time, agreement to a period of time, discussion of alcohol or drugs, specific requests for clothing to be worn, etc.;
3. Time and place of the agreed upon meeting – where is it? Hotel, apartment, house, city, and what would be the reason for the person to be there if not to meet for sex;
4. What did the person bring with them? Alcohol, drugs, condoms, sex toys, cash to cover the agreed upon rate;
5. How is the person dressed when they arrived?
6. Any additional discussion once they arrive?
These pieces of evidence will be presented and the state will make an argument that examining the totality of the circumstances the person made an offer or agreement to engage in sex for money. Based on the alleged information already presented by federal prosecutors, it’s going to be a very tough case for Eichorn to win. We’ll keep tabs on the case as it plays out.”
In the meantime, if you need help fighting a difference criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
