Are the Police Looking at Me for Child Pornography Charges in Minnesota?
Child pornography cases in Minnesota are easily some of the most aggressively prosecuted in the criminal justice system.. Many wonder how law enforcement targets individuals for possession of child pornography. While every case is a little bit different, investigations can sometimes begin at the national or international level and gradually narrow down to specific individuals. If you are facing child pornography charges in Minnesota, it is crucial to consult an experienced child pornography lawyer. Even better, make sure that they are a Board Certified Criminal Law Specialist.
“It is critical to remember that a child pornography conviction also comes with a sexual predator registration requirement.”
Defining Child Pornography in Minnesota
Child pornography in Minnesota encompasses any depiction, including photos or videos, of a minor engaged in sexual behavior. There are three types of child pornography charges: possession, distribution, and production.
Sentencing in Child Pornography Cases
First-time possession of child pornography is a felony punishable by up to five years in prison and a $5,000 fine. Distribution of child pornography carries a penalty of up to seven years in prison and a $10,000 fine, while profit-driven distribution can lead to up to 10 years in prison and a $20,000 fine. First-time production of child pornography is punishable by up to 10 years in prison and a $20,000 fine.
The Investigation Process
How does law enforcement identify individuals involved in child pornography cases in Minnesota? The process involves multiple stages and organizations:
National Investigations: The National Center for Missing & Exploited Children (NCMEC) plays a significant role in combating child exploitation. The NCMEC operates the Cyber Tipline, which receives reports of exploited children, including those involving child pornography. When suspicious content is identified on the internet, service providers notify the NCMEC, which then shares information with law enforcement agencies.
Minnesota Investigations: When the NCMEC sends a CyberTipline Report to the Minnesota Bureau of Criminal Apprehension, it includes an IP address and encrypted copies of the content. The Bureau then notifies the appropriate county law enforcement agency based on the IP address's location. The county agency reviews the files to determine if they fit the definition of child pornography, considering factors like the age of the individuals depicted and the explicit nature of the content.
Investigators then trace the IP address to identify the person associated with it. They obtain subscriber information from service providers and cross-reference it with databases to update and verify the person's details. Screen names and usernames are also investigated. Once sufficient evidence is compiled, law enforcement seeks search warrants to seize relevant electronics and any other evidence.
Execution of Search Warrants
Law enforcement conducts search warrants at the identified addresses to collect evidence, particularly electronic devices that may contain traces of the downloaded files, even if they have been deleted. An inventory of seized items is prepared, and potential witnesses may be interviewed. The suspect is targeted, arrested, and read their Miranda rights. Law enforcement aims to obtain a confession, so it is crucial to request an attorney immediately and seek the assistance of an experienced child pornography attorney.
“Sex crimes in general and child porn crimes in particular can be extraordinarily difficult. Having an experienced criminal defense attorney your side can make all of the difference.”
Minnesota prosecutors are highly aggressive in pursuing child pornography cases. It is essential to have a skilled criminal defense attorney who handles these kinds of cases. Jack Rice Defense, led by former prosecutor and Board Certified Criminal Law Specialist Jack Rice, has extensive experience in defending clients facing sex crimes and child pornography charges. Contact Jack Rice Defense for a confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line. Jack Rice Defense.