Is a Porn Addiction a Legal Defense to Child Porn Charges in Minnesota?

The advent of the internet has changed the world and brought with it some extraordinary advancements. That being said, one of the darker sides on the Net has been the explosion in the amount of child pornography as well as pornography addiction. With that, we have also seen an increase in child pornography prosecutions here in Minnesota and across the country. This article will focus on the merits and challenges of using pornography addiction as a legal defense in child porn cases. If you are being investigated for, or have been charged with possession, distribution or manufacturing of child pornography in Minnesota, make sure you consult with an experienced Child Pornography Criminal Defense Attorney.

“While a porn addiction is not a legal defense to child porn charges but it may help in mitigating the damage.”

What Exactly is a Pornography Addiction?

Maybe the first step is to consider addiction in general. Addiction is a recognized mental health disorder with incredible effects on an individual's behavior and decision-making capabilities. Porn addiction refers to an unhealthy dependency on pornography that negatively impacts an individual's overall well-being and daily life. While there is an ongoing debate in the medical community about whether a pornography addiction should be classified as a disorder, its impact is certainly undeniable and the Courts are starting to recognize this.

Are there any Benefits in Using a Porn Addiction as a Legal Defense?

Let’s be clear, a porn addiction in itself is not a legal defense to possession, distribution or manufacturing of child pornography in Minnesota. However, a true pornography addiction diagnosis may help explain behavior and help the Court understand the involvement and motivation to possess the illicit material in the first place. This can be critical when it comes to potential charges, outcomes, and sentencing. Remember, judges can have extraordinary authority and latitude to sentence some of these kinds of cases as they see fit emphasizing rehabilitation over punitive measures.

Are there Limitations to Using Porn Addiction?

No question about it. There are some prosecutors and Judges who see a true pornography addiction as nothing but an excuse or justification for criminal activity rather than more of an explanation. Simply put, the existence of a pornography addiction does not absolve anybody. Further, linking addiction to criminal behavior may be a tenuous one at best. As a result, the use of this addiction in a criminal case must be handled deftly to make sure that it helps explain without avoiding responsibility in a sentencing context. Further, and let’s be clear, this isn’t easy. However, it is important and can help provide a broader context for the Court to understand what is really going on here.

“Child pornography charges can be some of the most challenging in the criminal justice system. Handling them successfully may be even more difficult.”

If you are facing a child pornography investigation or have been charged in possession, distribution or manufacturing of child pornography, it is critical that you sit down with an experienced Minnesota child pornography defense attorney. Don’t think you can talk your way out of this. The government can be extraordinarily aggressive when it comes to these kinds of charges.

Jack Rice is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm that has successfully handled child porn cases across the state. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.