Minnesota revenge porn laws have gotten lots of news coverage. We battled a revenge porn case that spanned years. The Minnesota Supreme Court recently declared that the state’s laws are not unconstitutional.
So what are Minnesota revenge porn laws? And what can you do if you’ve been charged with the crime?
What Is Revenge Porn?
Sharing an explicit image casually, even without harmful intent, could lead to revenge porn charges. This is also known as Nonconsensual Dissemination of Private Sexual Images. Minnesota law defines the crime of revenge porn as intentionally disseminating an image of another person who is depicted in a sexual act or whose intimate parts are exposed, in whole or in part, when:
- The person is identifiable;
- The actor knows or reasonably should know that the person depicted in the image does not consent to the dissemination; and
- You obtained the image under circumstances when you knew or reasonably should have known the person depicted had a reasonable expectation of privacy.
To define revenge porn, sex revenge porn laws clarify that the person in the photo can be identifiable from the image itself or by someone who looks at the image and identifies the person.
This means that even if you can’t see the person’s face, any other identifying information—including text that might be included in the photo—makes the photo “identifiable” under Minnesota law.
The Minnesota Court of Appeals ruled revenge porn laws in Minnesota unconstitutional in December 2019, but the Minnesota Supreme Court later reversed the decision and upheld the law.
What Are the Penalties for Revenge Porn?
Revenge porn laws in Minnesota classify the act of sharing explicit images without consent as either a gross misdemeanor or a felony, depending on the circumstances.
Minnesota’s legislation regarding revenge porn is stringent. According to state law, it is a criminal offense to knowingly distribute an intimate image of another person without their consent. The law applies when the individual depicted in the image is identifiable and when there’s a reasonable expectation of privacy.
Here’s a summary of Minnesota’s revenge porn law:
- Act Defined: The law encompasses the intentional dissemination of images depicting someone engaged in a sexual act or exposing intimate body parts, either partially or wholly.
- Consent Requirement: It’s essential for the person sharing or posting such images to know or reasonably should know that the depicted individual did not consent to their dissemination.
- Privacy Expectation: The law applies when the image was captured under circumstances where the individual had a reasonable expectation of privacy.
By understanding and adhering to Minnesota’s revenge porn laws, individuals can avoid legal consequences and ensure respect for privacy rights.
Gross Misdemeanor Revenge Porn
Revenge porn is often classified as a gross misdemeanor, with the following penalties:
- Up to a $3,000 fine; and
- Up to a year in jail.
Even this baseline revenge porn charge for the unlawful dissemination of an image can cost you significantly and damage your reputation.
Felony Revenge Porn
Sometimes, sharing explicit images becomes a felony. These factors upgrade revenge porn to a felony:
- The person experiences financial loss because of the photos;
- Images of the photo are posted online;
- Images of the photo are disseminated with the intent to harass the person;
- There’s an intent to profit from the dissemination of the photos;
- The photos are disseminated while committing another crime, such as theft; or
- The current offense is for a second or subsequent revenge porn offense.
A theft charge could result when you send photos from the person’s phone or computer without authorization. This simple act could land you with a felony conviction.
The statute defines harassment as any behavior that has a substantial adverse effect on the safety, security, or privacy of a reasonable person. This broad definition means that almost anyone could claim a violation of privacy when they see their intimate photos online.
Felony revenge porn brings the following penalties:
- Up to a $5,000 fine; and
- Up to three years in prison.
Sharing intimate photos without consent is a crime, even if the person originally agreed to the photos being taken. This applies regardless of whether the images are shared privately or posted online.
Do You Need an Attorney for a Minnesota Revenge Porn Crime?
If you’ve been charged with Minnesota revenge porn, you need an attorney. One click of a keyboard can bring severe consequences, landing you in prison for years.
Our criminal defense attorneys at Arechigo & Stokka have fought Minnesota revenge porn laws in courts, advocated for changes with the legislature, and received media recognition as some of the state’s leading authorities on revenge porn defense. We give every client personalized, skilled defense and will do our best to get your charges reduced or dismissed.
Contact us today for a free consultation on your revenge porn charges.
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