How Does Law Enforcement in Minnesota Decide Who to Target for Possession of Child Pornography?
It shouldn’t be news to anyone that the Twin Cities in Minnesota is one of the hubs in the nation for sex trafficking criminal cases. It has been in social media for years. This can also include those in possession of child pornography. As a result, child pornography cases in Minnesota are some of the most aggressively prosecuted of all criminal cases. Some have wondered how law enforcement is able to zero in and target an individual for possession. While individual facts can vary widely for child pornography cases, there is one general theme to keep in mind. Law enforcement investigations that lead to charges and convictions frequently start at the national or even international level and work their way down to a specific individual. If you are facing serious child pornography charges in Minnesota, make sure you sit down with an experienced child pornography lawyer in Minnesota.
“Law enforcement investigations that lead to charges and convictions frequently start at the national or even international level and work their way down to a specific individual.”
Before we get to how law enforcement identifies people for child pornography charges in Minnesota, lets start with some basics.
So What is Child Pornography in Minnesota?
Child pornography is defined as any depiction, whether in photographs, video, or other forms of expression, of a minor engaging in sexual behavior. There are three different kinds of child pornography charges that you can be prosecuted for in a Minnesota Courtroom:
Possession of Child Pornography; or
Distribution of Child Pornography; or
Production of Child Pornography.
How Harsh are the Sentences in Child Pornography Cases in Minnesota?
According to Minnesota law, a first-time offense for the possession of child pornography is a felony punishable by up to five years in prison and a $5,000 fine. A first-time offense of distribution of child pornography is a felony punishable by up to seven years in prison and a $10,000 fine. It is even worse if the State argues that distribution was for profit. In that cast, it is punishable by up to 10 years in prison and a $20,000 fine. Finally, a first-time offense for the production of child pornography is a felony punishable by up 10 years in prison and a $20,000 fine.
The Investigation
How Does Law Enforcement End Up at My Front Door with a Search Warrant?
Many have wondered how somebody can even get on the radar of law enforcement for child pornography and how the police zero in an a particular person. Well, it is a tangled web with a lot of lines of investigation but it might work like this:
Child pornography is frequently tracked from the internet at both the national and international levels. While multiple law enforcement organizations such as the FBI, Department of Homeland Security, the Postal Service and Department of Justice are involved, one organization that may be heavily involved is the The National Center for Missing & Exploited Children (NCMEC) based out of Alexandria, Virginia. According to the NCMEC:
“It is a is a private, non-profit 501(c)(3) corporation whose mission is to help find missing children, reduce child sexual exploitation, and prevent child victimization. NCMEC works with families, victims, private industry, law enforcement, and the public to assist with preventing child abductions, recovering missing children, and providing services to deter and combat child sexual exploitation.”
National Investigations
At the national level, the NCMEC possesses a national and international clearing house of identified exploited children and then partners with law enforcement to combat sex trafficking, possession of illicit material and more. At the core of this, NCMEC operates something called the Cyber Tipline. Since its inception they have received more than 116 millions reports of exploited children but those numbers are only increasing. They received almost 30 million tips alone in 2021. Most are internet based but not always.
Once they become aware of imagery, they contact the service provider where individuals may have uploaded and downloaded suspected child pornography on the internet. The sites themselves will often police and notify authorities or NCMEC about possible child pornography. Once notified, NCMEC will help determine when the child porn was uploaded or downloaded, acquire some identifying information and then send a CyberTip Report to the state law enforcement for further investigation. If you have been kicked off of site from a service provider, it may be critical that you contact an experienced Minnesota Criminal Defense Attorney immediately. It may be a precursor to what is coming your way. You may strongly want to consider precharge representation.
Minnesota Investigations
Here in Minnesota, when the NCMEC sends a CyberTipline Report to the Minnesota Bureau of Criminal Apprehension - Predatory Crimes section, based in St. Paul, Minnesota, it should include an IP address. The BCA also may receive encrypted copies of the photos or videos. The BCA will then notify law enforcement in the county where the IP address is located about the NCMEC Tipline Report. In Hennepin County, it is the Hennepin County Sheriff’s Office. In Ramsey County, it is the Ramsey County Sheriff’s Office.
The County will receive encrypted copies of the dowloaded files from the BCA and review the files to determine if they fit the definition of child pronography. These include:
Were the images minors? Based upon what? Physical cahracteristics, body shape, voice and underdeveloped breats, etc.
Were they real images or computer generations or manipulations? This is harder to determine by simply glancings at. However, as technology continues to advance, this may become more of an issue.
Do the images meet the definition of pornography? Generally it is of a sexual nature or prurient interests. Dare I use the Supreme Court phrase “I know it when I see it.”
Once the case is assigned to an investigator, the Investigator will determine who the IP address is registered to. This is an electronic fingerprint that absolutely will lead back to a specific person. The Investigator will subpoena, say Google or Verizon or AT&T. This will result in a subscriber name and address and when service started. The Investigator will then search Minnesota Department of Vehicle Services and other sources to cross reference that person found with the address and update and possible changed. They will then search screen and usernames through these sources as well.
The investigator will then compile all of this information and seek search warrants for any and all electronics and anything else that would be relevant to support the investigation and conviction of the target of the investigation.
Law enforcement will then conduct that search warrant at the address or addresses to acquire all of that evidence. They identify and retain all of the evidence while leaving an inventory of all that was taken. Most importantly, they need the electronic devices that are storing traces of the downloaded files they are seeking. These may be present even they were deleted.
“Law enforcement needs the electronic devices that are storing traces of the downloaded files they are seeking in order to prove possession. These may be present even if they were deleted.”
Law enforcement will then start interviewing possible witnesses. Importantly, they will target and arrest the suspect, Mirandize them and confront them with all that they have. They will absolutely seek a confession which puts the nail in the coffin in the investigations. Do not fall for this. Ask for an attorney immediately and contact an experienced Minnesota child pornography attorney immediately.
“If you are facing child pornography charges in Minnesota, make sure you hire the best criminal defense attorney possible. Your future is worth it.”
Here in Minnesota, prosecutors are extraordinarily aggressive in prosecuting all sex crimes including child pornography. It is important to have a criminal defense lawyer with experience handling all aspects of these kinds of cases and has actual success in dealing with them. Jack Rice Defense has been dealing with sex crimes and child pornography charges for decades. Jack is a former prosecutor, a Board Certified Criminal Law Specialist and a sought-after criminal defense lawyer who spends much of his practice handling sex crimes and child pornography charges.
For a free confidential consultation, contact Jack Rice Defense or call 651-447-7650 or 612-227-1339. Jack’s got your back.