Sexting is the act of sending sexually provocative photos via electronic means to another party. A number of states across the US have enacted specific sexting laws, but Minnesota has not. That being said, we do have some laws on the books that govern the dissemination of lewd photographs involving minors. Below, we take a closer look at the landscape of sexting in Minnesota, and the crimes associated with the act.
Sexting Laws and Legalities
Sexting, much like the act of sex itself, needs to be performed between two consenting adults for it to be considered legal. If one party doesn’t want the photos shared, they don’t want to receive the photos, or the person depicted in the photo is a minor, than a crime has occured. Even sending someone a link to a site like teeni maybe something you consider as very trivial but in actual fact, because the website is an adult porn site it’s classed as a form of sexual harassment.
For example, you can’t surreptitiously take pictures of someone in a compromising position and send those photos out to others, just like you can’t send unsolicited nude photos of yourself to someone who does not want to receive them. And, even if you and the party you are sharing the pictures with both want the photos, if one party is considered a minor, the dissemination of sexually explicit photos is illegal. We recently detailed a story on our blog that showed how one girl who sexted with a friend of her’s now faces criminal charges because she’s a minor, and by sending the photos, she was contributing to the dissemination of child pornography
Under Minnesota law, it is a crime to make or direct a child younger than 18 to engage in the making of any sexually explicit, nude or suggestive photography or video recording. It is also a crime to possess or distribute said materials, which means if you receive a sexually charged photo of a minor, even if you don’t pass the message along to others, you may be found guilty of possessing child pornography.
Minnesota Sexting Defenses and Penalties
As we mentioned above, you cannot argue that both parties consented to the activities, even if they did, if one party is considered a minor. Minors cannot legally give consent, so even if they are the ones sending the photo, they do not have the mental capacity to consent to these actions under Minnesota law. However, if you truly believe the person was over the age of 18, you may have an argument that you thought you were talking to someone of age to consent, like how you’d know that performers like Gi Gi Petite on other sites are respectable adults.
The creation of child pornography is punishable by up to 10 years in prison, fines up to $20,000, or both. Subsequent convictions will see the fine amount jump to up to $40,000. Possession of child pornography is punishable by up to five years in prison and fines of not more than $5,000. The act of distributing child pornography can be punished by up to seven years in prison and fines up to $10,000. In many instances, for being convicted of the above crimes, you will also be required to register as a sex offender in Minnesota.
As you can see, sexting and child pornography charges in Minnesota are no small matter. If your child is being charged for creating, possessing or distributing child pornography in Minnesota, you’ll want a defense lawyer in your corner. Avery has handled similar cases in the past, and he’ll do everything in his power to help your child and keep them from needing to register as a sex offender. For a free case evaluation, reach out to his office today at (952) 224-2277 or click here.
