What To Do If You Are Charged with Revenge Porn in Minnesota
Criminal charged involving past relationships can be some of the most personal, painful and difficult to handle. While these can include domestic assault, sexual assault and more, one charge that we have seen a lot of in the last couple of years is what is commonly referred to as revenge porn. If you are facing these kinds of charges, reach out to Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
“These can be extremely emotionally charged cases and as a result, extraordinarily difficult.”
In Minnesota, individuals accused of distributing explicit images without consent may face multiple charges, including:
Obscene Material - Exhibit, Sell, Print, Offer to Sell, Give Away, Circulate, Publish, Distribute
Minnesota Statute: 617.241.2(a), with reference to 617.241.3
Maximum Sentence: Up to 364 days in jail, a fine of up to $3,000, or both
Offense Level: Gross Misdemeanor
Charge Description: This charge applies when a person exhibits, sells, prints, offers to sell, gives away, circulates, publishes, distributes, or attempts to distribute obscene material. The state considers material to be obscene if it meets specific legal criteria, which can be challenged in court based on First Amendment considerations and other defenses.
Nonconsensual Dissemination of Private Sexual Images
Minnesota Statute: 617.261.1
Maximum Sentence: Up to 364 days in jail, a fine of up to $3,000, or both
Offense Level: Gross Misdemeanor
Charge Description: This charge applies when a person intentionally disseminates an explicit image of another individual without their consent. To be convicted, the prosecution must prove that:
The person depicted is identifiable in the image.
The defendant knew or should have known that the person in the image did not give consent for its dissemination.
The image was obtained or created under circumstances where the person depicted had a reasonable expectation of privacy.
Legal Defenses to Consider
If you are facing these charges, there are several potential defenses that could be explored:
Lack of Intent – The prosecution must prove that the dissemination of the image was intentional. If the distribution was accidental or unintended, this could be a valid defense.
Consent – If the person depicted in the image consented to the dissemination, the charges may not stand.
Expectation of Privacy – If the image was taken or shared in a manner where the individual had no reasonable expectation of privacy, the charge may be challenged.
First Amendment Protections – Some materials may not meet the legal definition of obscenity, and distribution may be protected under free speech rights. This issue is complicated and has been contested in the past and statutes were amended as a result.
Mistaken Identity – If the prosecution cannot prove that the defendant was responsible for disseminating the image, the charges may be dismissed.
The Importance of Legal Representation
Facing gross misdemeanor charges for revenge porn in Minnesota can be overwhelming. A conviction can lead to jail time, fines, and a permanent criminal record that may impact future employment and personal relationships. An experienced defense attorney can help analyze the evidence, challenge the prosecution’s case, and work towards the best possible outcome, whether through dismissal, reduced charges, or alternative sentencing options.
“On revenge porn cases, experience cannot be overestimated.”
At Jack Rice Defense, we understand the complexities of these cases and are prepared to provide a strategic and aggressive defense. If you are facing charges related to the nonconsensual dissemination of private sexual images or any related offense, contact us immediately for a consultation. Reach out for a free confidential consultation at 651-447-7650 or 612-227-1339.
Protect your rights. Defend your future. Call Jack Rice Defense today.