What You Need to Know about Minnesota’s “Revenge Porn” Law
On August 1, 2016, Minnesota adopted what has become known as the revenge porn law. Currently, about 34 other states have adopted similar laws. The law’s nickname comes from advocates seeking to protect victims of sexual assault and those threatened with explicit photos by ex-lovers. The law’s proper title is “Nonconsensual dissemination of private sexual images,” found under Minnesota Statute section 617.261.
Criminal Penalties
Although revenge is not a necessary ingredient, the law punishes those who intentionally disseminate another’s private sexual images. The law does not require any underlying specific or malicious criminal intent to harass or humiliate. Furthermore, it does not require the actor to know that the person did not consent to the dissemination. Rather, it only requires that the actor purposefully disseminated the image and that under the circumstances the actor reasonably should have known the person expected to keep the images private. It is no defense that the person consented to the actor’s possession of the image.
Anyone who violates the above is guilty of a gross misdemeanor, punishable by up to 1-year in jail or a $3,000 fine, or both. It becomes a felony offense when any one of the aggravating factors are present, punishable by up to 3-years in prison or a $5,000 fine, or both. The aggravating factors include:
- If the person depicted in the image suffers financial loss due to the dissemination of the image;
- Actor disseminates the image with intent to profit from the dissemination;
- Actor maintains an Internet Web site, online service, online application, or mobile application for the purpose of disseminating the image;
- Image is posted on a Web site;
- Actor disseminates the image with intent to harass the person depicted in the image;
- Actor obtained the image through various types of theft: 609.52, 609.746, 609.89, or 609.891; or
- A previously been convicted under this chapter.
Exemptions
The criminal penalties do not apply to certain disseminations, including:
- For the purpose of a criminal investigation or prosecution;
- Reporting of unlawful conduct;
- Made in the course of seeking or receiving medical or mental health treatment and the image is protected from further dissemination;
- Image involves exposure in public or was obtained in a commercial setting for the purpose of the legal sale of goods or services;
- Image relates to a matter of public interest and dissemination serves a lawful public purpose;
- Disseminated for legitimate scientific research or educational purposes; or
- Made for legal proceedings and is consistent with common practice in civil proceedings necessary for the proper functioning of the criminal justice system, or protected by court order which prohibits any further dissemination.
Experienced Criminal Defense Attorney
This is a relatively new law and may already be subject to a number of constitutional challenges. The attorneys at Sieben & Cotter Law office have already helped those charged under this law. We are experienced in all of Minnesota’s various sex crimes. We will work hard to reach the best possible outcome for you.
If you have been charged with revenge porn or another sex crime call Sieben & Cotter at 651-455-1555, or send a request for more information and to arrange your free consultation. We will arrange an in-person meeting at our office, or will meet you wherever is most convenient for you.
If you have been charged with revenge porn or another sex crime, call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.