Minnesota become one of many states in which revenge porn is illegal in 2016. Since then, there has been an uptick in the prosecution of cases involving revenge porn.

What happens between two consenting adults is not the business of the law, which is why some people may find revenge porn laws confusing. After all, if the content was made with consent, you can do what you want with it, right? No, you can’t.

It’s important to understand revenge porn laws in Minnesota so you don’t find yourself in legal jeopardy due to confusion or misunderstanding. Read on to find out all you need to know about Minnesota’s revenge porn laws and what penalties can be faced if you are convicted of this crime.

What Is Revenge Porn?

The law in Minnesota defines revenge porn as the publication of explicit content that was thought to be private by a person, who didn’t agree for the content to be shared. It is illegal to circulate these images if all participants do not approve. The images that cannot be distributed include:

• Pictures
• Digital recordings and pictures
• Video recordings
• Film

Content is considered nonconsensual if it was created in circumstances in which a reasonable person would assume that it will remain private.

What Are the Penalties Associated with Revenge Porn?

If you are found guilty of revenge porn, you can face either a misdemeanor or a felony depending on the circumstances of the case. It is considered a gross misdemeanor in some cases, but a felony if any of the following conditions exist:

• The person in the image suffered damage in terms of financial loss due to the image being distributed
• The person who violated the law made the image public with the intent to profit from it
• The person who violated the law has a website, online application, online service, or mobile application for the purpose of making the image public
• The person who violated the law made the image public with the intent to harass the person in the images
• The person who violated the law obtained the image through the act of theft, computer theft, interference with privacy, or the unauthorized access to a computer

If any of these things happened, then a felony can be charged. A felony can result in up to five years behind bars and fines of as much as $10,000. If you are found guilty of a misdemeanor because one of the above situations was not present, then you can spend as long as one year behind bars and be required to pay fines of as much as $3,000.

Are There Any Exceptions?

There are some exceptions to the revenge porn laws in the state. It is not considered revenge porn if the material was used to report a crime – or if it was a designated part of some type of legitimate mental health or medical treatment. It is also not considered revenge porn if the content was made in a commercial setting, or it involved public exposure.

Revenge porn laws in Minnesota can be challenging to understand, which is why, if you’re accused of it, you need an experienced attorney by your side. They will help guide you through the charges and mount a robust defense. You have rights, even when you’re accused of a crime like revenge porn.

About the Author:

Andrew T. Poole is a Minnesota native who has served in the Army for more than 18 years and is currently a JAG lawyer in the Army Reserves in addition to serving as a partner at Olson, Poole & Envall. He has handled thousands of criminal and family law cases over the course of his career and has a firm belief that all hardworking Minnesotans should be entitled to the best possible legal counsel. Mr. Poole boasts a 10/10 Superb rating on Avvo, is Lead Counsel rated, and has been recognized multiple times by SuperLawyers, National Trial Lawyers, and others for his work.