Minnesota Revenge Porn Lawyer

Under Minnesota law, 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 depicted person is identifiable, 2) the accused knows or should reasonably know that the depicted person does not consent to the dissemination, and 3) the accused knew or should have known that the depicted person had a reasonable expectation of privacy.

The depicted person is considered identifiable from the image itself (i.e., their face or other identifying features are revealed), if another person identifies the individual (even if that person is not the accused), or if personal information of the depicted person is displayed in connection with the image. The question of whether the accused knew or should have known that the depicted person consents to the dissemination and had a reasonable expectation of privacy is based on the circumstances surrounding the creation or receipt of the images.

Notice that while the crime is referred to as “revenge porn,” the basic elements of the crime have no requirement to prove malicious intent or to prove that the accused disseminated to images to inflict revenge on the depicted person.

Are there any defenses?

It is not a defense to the crime if the person in the images knew that the images were being taken or personally gave the images to the accused.  However, if prosecutors fail to prove any of the three above listed elements of the crime, then a conviction can be avoided. For example, one could argue that no one could reasonably identify the depicted person (i.e., the depicted person’s exposed body part was small and had no distinguishing features or the image is so blurry that the individual is unrecognizable). Another defense would be that you were not the individual that disseminated the images but that the images were protected but stolen (i.e. someone hacked into your private server and stole the images). One could also argue that the depicted person consented to the dissemination or that they did not have a reasonable expectation of privacy. These might be proven if the depicted person signed a release or was in a public place at the time of the display (i.e., flashers at Mardi Gras).

What are the consequences of being convicted of revenge porn?

Revenge porn is classified as a gross misdemeanor. Gross misdemeanors in Minnesota are punishable by up to one year in jail, a fine up to $3,000, or both. However, the penalties may increase to imprisonment up to three years and a fine up to $5,000 under some exacerbating circumstances. Such aggravating factors include:

1. A prior conviction for revenge porn;
2. the depicted person suffered financial loss due to the dissemination (i.e., fired from their job);
3. the accused disseminated the image with intent to profit;
4. the accused maintained a website or application for the purpose of disseminating the image;
5. the accused posted the image on a web site;
6. the accused disseminated the image with intent to harass the depicted person;
7. the accused broke the law in obtaining the image by reason of theft, concealing a recording device,

The consequences of being convicted under revenge porn laws have serious and long-term consequences. If you or a loved one has been charged with under revenge porn laws and need an experienced revenge porn defense attorney, please contact us for a consultation.