Child pornography charges are some of the most serious criminal offenses in Minnesota. A child porn conviction will lead to a minimum sentence of six years in federal prison, even if it’s an offender’s first criminal offense.
In order to be convicted of a child pornography charge, the prosecution must be able to prove beyond a reasonable doubt that the pornography was viewed, downloaded, or disseminated from your computer, and that you knew the pornographic content included children.
Due to the political nature of these crimes, police and investigators pursue child pornography cases very aggressively, often violating your basic civil rights in the process. Regardless of the nature of one’s charges, everyone is granted their full citizenship rights guaranteed to them by the United States Constitution.
One false mouse click can lead to severe criminal accusations. A child pornography charge can destroy a person’s reputation by leading to felony criminal prosecution, as well as shame and humiliation.
Possession of Child Porn
Under Minnesota law, it is a felony to possess any of the following that present a child engaged in sexually explicit conduct:
- Undeveloped film
- Photographic negative
- Photograph
- Motion picture
- Videotape
- Other recording
- Drawing or Cartoon
- Sculpture
- Painting
For a person to be convicted of possessing one of the above forms of child pornography, the following must also be proven:
- The person knew that he or she possessed the material
- The person knew the character and content of the sexually explicit conduct in the material
- The person knew or reasonably should have known that the child engaged in sexually explicit conduct was under 18 years of age at the time of production
A first-time possession of child pornography charge is a felony punishable by up to five years in jail and/or payment a $5,000 fine. A second offense carries double the penalties: up to 10 years in jail and/or up to a $10,000 fine.
Distribution of Child Porn
A first time distribution charge is also a felony and carries up to a seven year jail term and/or up to a $10,000 fine. A subsequent charge brings double the penalties including prison sentences of up to 15 years in prison and/or fines of $20,000.
In addition to distributing child pornography to adults, it is also a crime to distribute pornographic photos, videos, or other images to children.
For example, if an adult believes he or she is chatting with a minor in an internet chat room and sends the minor pornographic images, the adult could be charged with violating this law. It does not matter if the “minor” is actually an adult, so long as the offender believed they sent the image or video to a child.
The penalties for committing this crime include up to three years in prison and/or up to a $5,000 fine.
Production of Child Porn
Under federal law it is illegal to knowingly produce, distribute, receive, or possess with the intent to distribute, a visual depiction of any kind that depicts:
- A minor engaging in sexually explicit conduct
- An image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, and such depiction lacks serious literary, artistic, political, or scientific value
Minnesota Sex Crimes Lawyer
Child pornography is illegal at both the state and federal levels. This means that anyone convicted of a child porn offense may be tried in either court. Producing pornographic materials involving minors is a severe offense that could lead to decades of prison time. A child porn defense attorney can aggressively defend your case and make sure all of your rights remain intact.
