Navigating Revenge Porn Laws in Minnesota: A Criminal Defense Perspective
In an era dominated by social media where we have a tendency to post even the smallest details about our personal lives on the internet, is it surprising that we are also dealing with allegations of what is frequently called revenge pornography or more accurately according to Minnesota, the nonconsensual dissemination of private sexual images. Minnesota, like many states, has enacted revenge porn laws to address their growing concern. If you are facing possible revenge porn charges here in Minnesota, it is crucial sit down with an experienced Minnesota criminal defense attorney to discuss your rights and your options.
“Revenge porn prosecutions are about consent. At the same time, it is important to remember that regret doesn’t mean there wasn’t consent in the first place.”
What is the Crime?
What exactly is nonconsensual dissemination of private sexual images? Well, according to the statute here in Minnesota, it is a crime to intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed, in whole or in part, when:
1. the person is identifiable:
i. from the image itself, by the person depicted in the image or by another person; or
ii. from personal information displayed in connection with the image;
2. the actor knows or reasonably should know that the person depicted in the image does not consent to the dissemination; and
3. the image was obtained or created under circumstances in which the actor knew or reasonably should have known the person depicted had a reasonable expectation of privacy.
What are the Ramifications of a Conviction for Nonconsensual Dissemination of Private Sexual Images?
The Revenge Porn Law here in Minnesota can be charged out as either a gross misdemeanor or as a felony. In fact, it only takes one of the following elements to increase the charge to a felony.
1. the person depicted in the image suffers financial loss due to the dissemination of the image;
2. the actor disseminates the image with intent to profit from the dissemination;
3. the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the image;
4. the actor posts the image on a website;
5. the actor disseminates the image with intent to harass the person depicted in the image;
6. the actor obtained the image by committing a theft, interference of privacy, computer theft, or unauthorized computer access laws; or
7. the actor has previously been convicted under this statute.
What criminal charges could you face?
If you are charged with a Felony Conviction for Nonconsensual Dissemination of Private Sexual Images, you could face:
A felony criminal conviction;
Up to 3 years in prison;
Up to a $5,000 fine.
If you are charged with a Gross Misdemeanor Conviction for Nonconsensual Dissemination of Private Sexual Images, you could face:
A gross misdemeanor criminal conviction;
Up to 1 year in jail;
Up to a $3000 fine.
Defenses
While consent is absolutely a defense in this case, consent to capturing or possession of the image does not mean distribution. In other words, consent must also include consent to certain uses of the image. This fact is frequently in dispute and is important to clarify.
“This can be an extremely emotional and difficult charge. It can be personal, private and sometimes embarrassing. At the same time, great care must go into handling it.”
If you are facing Revenge Porn charges in Minnesota, make sure that you sit down with an experienced Minnesota criminal defense attorney who is well versed in how to handle these kinds of charges. Understand your rights, possible defenses, and where you go next. This could make all of the difference to your future.
Go with the Best
Jack Rice is a nationally known criminal defense attorney. He is also 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 based in St. Paul, Minnesota. 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.