Child pornography is any depiction, whether in photographs, video, or other forms of expression, of a minor engaging in sexual behavior. Possessing, distributing or producing child pornography is a serious crime under both Minnesota law and federal law.
Minnesota Child Pornography Law: Possession, Distribution and Production
Under Minnesota law, a first-time offense for the possession of child pornography is a felony punishable by up to five years in prison and a $5,000 fine. Distribution of child pornography, for a first-time offense, is a felony punishable by up to seven years in prison and a $10,000 fine; distribution for profit is punishable by up to 10 years in prison and a $20,000 fine. And production of child pornography is a felony punishable, for a first-time offense, by up 10 years in prison and a $20,000 fine.
Prosecution under federal law results in significantly harsher consequences. Under federal law on sexual exploitation of minors, a conviction for possession usually means an automatic five year minimum sentence — and potentially decades more depending on offense-specific characteristics.
Possible Legal Defenses to Child Pornography Charges
Defending against charges of child pornography is complicated, but legal defenses can be asserted with the assistance of a skilled sex crimes defense attorney. For example, your attorney will consider:
Did you knowingly possess the images?
Are there other possible sources for the image on an electronic device (e.g. malware, virus, etc.)?
Do the images meet the legal definition of pornography?
Were the images of actual minors? Or were they only edited to appear underage?
Consequences of a Minnesota Conviction for Child Pornography
Sexual Predator Registration
Once you have been charged with any form of a child pornography offense, any conviction — even if to an amended charge — will result in a mandatory requirement that you register as a predatory offender for a minimum of 10 years.
Loss of Right to Possess Firearms and Loss of Right to Vote
As with any felony in Minnesota, a conviction will result in the loss of certain civil rights. Convicted felons may not possess a firearm (any type), vote, or serve on a jury.
Forfeiture of Property (Police Can Take Your Computer and Other Property)
The property used to commit any type of child pornography offense may be seized and forfeited — in other words, taken and kept by police. The property may be forfeited even if it is owned by someone other than the person convicted of the crime.
Deportation
A conviction for a child pornography offense will result in automatic deportation of any non-citizen. A legal permanent resident (regardless of time spent in the U.S., or family connections to this country) will be subject to automatic removal proceedings upon a conviction or admission to a child pornography offense.
Contact the Balmer Law Office — Minnesota Sex Crimes Defense Attorney
Defending against sex crime charges is often complicated and emotionally exhausting. The State zealously prosecutes these types of offenses and frequently seeks maximum levels of punishment. Often digital forensic evidence is at issue. The consequences of a conviction are devastating. If you or a loved one has been arrested, charged, or questioned by police in relation to possession, distribution or production of child pornography contact the Balmer Law Office for a free, confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.
David Balmer
David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More
