Assertive Defense Is Necessary In Revenge Porn Cases

Minnesota legislators passed a revenge porn law that took effect in August 2016, making Minnesota the 33rd state to enact a law against intentionally disseminating a private sexual image of another.

Known as the nonconsensual dissemination of private sexual images, the law states that a person who unlawfully disseminates private sexual images or who solicits sex on behalf of another person without consent may be charged with a gross misdemeanor that is punishable by up to one year in jail, a $3,000 fine or both.

A Low Level Of Proof And Aggravating Factors

Although the term "revenge porn" implies that a person disseminates private sexually suggestive images with the intent to cause emotional distress or otherwise harm another person, it is not necessary under the law to prove that images were sent out with intent to inflict harm. The law also does not require the state to prove the subject in the private sexual images that are disseminated and expect those images to remain private.

In addition, charges may be enhanced due to aggravating factors. Aggravating factors can result in a felony charge that is punishable by up to five years in prison and as much as $10,000 in fines. In the event a victim suffers financial loss, the court also may award damages. Aggravating factors include:

  • Posting the image online
  • Disseminating the image with intent to make money
  • Disseminating the image with intent to harass the victim
  • If the image is obtained through theft
  • If the accused has a previous conviction for revenge porn
  • If the victim suffers financial loss as a result of the dissemination of any images

The Alleged Victim May Be The One Seeking Revenge

As with any alleged criminal activity, there can be two sides to the story. In some cases, it may be an alleged victim of revenge porn who is actually seeking revenge by placing the accused at risk of criminal conviction.

The experienced attorneys at Dusek Law provide assertive defense against revenge porn and all other sex crime charges. We represent individuals in North Dakota and Minnesota in the full range of criminal cases from offices in East Grand Forks, Minnesota, as well as Grand Forks and Minot, North Dakota.

Use our online contact form or call 877-387-3524 to schedule a consultation with a lawyer who can assess the facts of your case and recommend a course of action.