What Are the Revenge Porn Laws in Minnesota?

9 months ago by Justin M. Schiks

Revenge porn is a relatively new term in our society and is becoming increasingly prevalent in today’s digital age. It involves the non-consensual sharing of intimate images or videos, often with the intent to harm, embarrass, extort, or exploit the individual depicted. The impact of revenge porn on victims can be devastating, leading to emotional distress, loss of privacy, and even damage to personal and professional relationships.

State laws have been passed outlawing conduct relating to revenge porn, and the consequences can be serious. If you are arrested, discuss your case with St. Paul, MN sex crime defense lawyer immediately. 

Understanding Minnesota’s Revenge Porn Legislation

Minnesota’s revenge pornography laws are primarily aimed at protecting individuals from having their intimate images or videos shared without their consent. The state defines revenge porn as the dissemination of sexually explicit material with the intent to harass, intimidate, coerce, or defame the depicted person. To be considered revenge porn, the sharing of the material must meet certain criteria:

• The material must depict sexual conduct or show genitals or intimate parts of the individual.
• The material must have been created under circumstances where the person depicted had a reasonable expectation of privacy.
• The dissemination of the material must occur without the individual’s consent.

Simply possessing or storing intimate images or videos without the intent to distribute them is not a crime in Minnesota. 

Implications and Penalties for Revenge Porn in MN

Revenge porn is considered a criminal sex offense in Minnesota, and individuals found guilty can face severe penalties. The severity of the punishment depends on various factors, including the number of offenses committed and the nature of harm caused. Let’s take a closer look at the implications and penalties for revenge porn in Minnesota.

Misdemeanor Revenge Porn Charges

If you are found guilty of a first-time revenge porn offense in Minnesota, it is classified as a gross misdemeanor. A gross misdemeanor offense carries a potential sentence of up to one year in jail and/or a fine of up to $3,000.

Felony Revenge Porn Charges

In certain circumstances, revenge porn offenses can be elevated to a felony, which carries more severe penalties. This includes instances where the offender has prior convictions for similar crimes or the victim is a minor. Felony revenge porn charges can result in imprisonment for up to five years and/or fines of up to $10,000.

Civil Liability

In addition to criminal charges, victims of revenge pornography in Minnesota have the right to pursue civil remedies. This means that victims can file a lawsuit against the offender to seek compensation for any damages suffered, including emotional distress and harm to reputation. A successful civil lawsuit can result in monetary damages awarded to the victim.

If you find yourself facing revenge porn charges, it is critical to consult with a knowledgeable St. Paul criminal defense lawyer who can provide guidance and advocate on your behalf.

Nonconsensual Dissemination of Private Sexual Images – Revenge Porn Laws Minnesota 

Minnesota, Minn. Stat. §609.3451 (prohibits “revenge porn” or nonconsensual dissemination of private sexual images); Under the law, it is a crime if, with intent, a person distributes an image of another person who is identifiable in the image and who had a reasonable expectation of privacy regarding that image.

Revenge porn in Minnesota may bring serious consequences, including misdemeanor or gross misdemeanor charges, and penalties may involve fines, imprisonment, or both.

To constitute a violation under this statute:

• The distributor must know or have reason to know that the person depicted has not consented to the distribution.
• The image may include nudes or explicit sexual conduct.
• The individual must be identifiable either directly or indirectly.

The statute also enumerates exemptions, such as lawful investigations or activities protected under the First Amendment. It is because of these fine lines that the legal expert often draws on the nuances to keep prosecution and defense in balance.

Minnesota Revenge Porn Defense

A strong defense to revenge porn charges in Minnesota is to attack critical elements of the prosecution’s case. For instance, a defendant might argue that the prosecution failed to satisfy their burden or that a particular statutory requirement is not met.

Whether the Person Is “Identifiable”

The prosecution must prove that the subject of the image is identifiable. This requirement centers on the ability to clearly link the image to the individual it depicts. Identification may occur through:

• Direct identification, such as a visible face in the image.
• Indirect clues, including distinctive tattoos, birthmarks, or other unique physical attributes.

If the subject cannot be reasonably identified from the image, this element of the offense can be effectively challenged. Defense strategies might include:

• Highlighting images that obscure the subject’s facial features or key identifiers, making recognition improbable.
• Arguing that vague, ambiguous, or anonymous visuals do not satisfy the statutory criteria of identifiability subject under the law.

Legal teams frequently enlist expert witnesses — be it forensic analysts, digital imaging experts or others — to parse through the evidence and determine whether an identification is viable. The defense also can put forth alternative explanations of the evidence, in particular where the identification of, say, a substance, is by its very nature subjective. By highlighting ambiguities in the prosecution’s argument, counsel can thus raise reasonable doubt about this fundamental aspect of the indictment.

“Knows or Reasonably Should Know”

The law demands that the accused knew or should have reasonably known that the person depicted did not consent to the dissemination. This is an important aspect of proving culpability because it’s all about the knowledge and intent of the disseminator.

A defendant could argue based on the circumstances in which the image was shared that they had a belief in consent, such as that what they were doing in sharing the image was not so out of step with community attitudes to consent as to make it reasonable to have believed in consent. 

Another common line of defense is the absence of direct communication or clear evidence that someone did not consent. This is an important aspect of proving culpability because it’s all about the knowledge and intent of the disseminator.

If the consent is vague, lawyers can provide additional proof in the form of:

• E-mails or text messages proving consensus regarding the use of an image.
• Testimonies of eye-witnesses of the circumstances of the image’s release.
• Patterns of behavior showing no prior malicious intent, no violation of privacy.

“Intent to Harass”

Of the above elements, intent often presents the toughest hurdle that the prosecution must get over. Minnesota’s revenge porn statute specifies that the dissemination must be done with the intent to harass, intimidate, or cause emotional distress to the victim. The case against the defendant may not result in a conviction if this is not proven explicitly.

Important elements consist of:

• The spread’s context: Whether the distribution was carried out in retaliation, for example, following a breakup, may indicate malicious intent. 
• Prior communications or interactions: It may be essential to demonstrate intent to use communications or acts that express animosity or threats before they are disseminated. For example, the prosecution’s case is strengthened by a history of hostile text exchanges or a direct statement about a wish to inflict harm.

A compelling argument could highlight different motivations or the lack of proof showing harassment intent. Sending an image within a closed group without any remarks that show malice, for instance, would suggest that there was no malicious intent. Experts in digital privacy stress that while implementing these regulations, purpose must be carefully considered.

We Are St. Paul Criminal Defense Lawyers

If you or someone you are facing criminal charges relating to revenge porn in St. Paul, Minnesota, hire a skilled and experienced criminal defense lawyer. JS Defense, PA, is a trusted law firm focusing on criminal defense. Our St. Paul criminal defense attorney understands Minnesota’s criminal justice system and is committed to providing exceptional representation. To schedule a free legal consultation, contact our office now.