What is Revenge Porn?

Revenge Porn is a new crime in Minnesota and prohibits the sharing of nude images of a person without that person’s consent. A relatable example is the accusation that an ex-lover posted nude pics of their former partner out of anger, retribution, or revenge.

Under this 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 person is identifiable
    1. From the image itself, by the person depicted in the image or by another person or;
    2. from personal information displayed in connection with the image;
  2. The actor knows or reasonably should know that the person is depicted in the image does not consent to the dissemination; and
  3. The image was obtained or created under circumstances in which the actor knew or reasonably should have known the person depicted had a reasonable expectation of privacy.

This offense can be charged as a felony with a maximum prison sentence of up to three years if:

  1. the person depicted in the image suffers financial loss due to the dissemination of the image;
  2. the actor disseminates the image with intent to profit from the dissemination;
  3. the actor maintains an Internet website, online service, online application, or mobile application for the purpose of disseminating the image;
  4. the actor posts the image on a website;
  5. the actor disseminates the image with intent to harass the person depicted in the image;
  6. the actor obtained the image by committing a violation of other criminal laws like computer hacking, theft, or invasion of privacy.
  7. the actor has previously been convicted of this crime before.

The law also prohibits the affirmative defense of consent. That means that if accused, a defendant cannot argue that the images were taken with the consent of the person in the image. It can make defending this charge more complicated, but not impossible. Every case requires its own creative, novel defense.

If you or someone you love has been accused of committing revenge porn, you need the advice of an attorney as soon as possible. Catherine is an experienced female sex crimes defense attorney. She can help. Call today for a free consultation.