Minnesota Revenge Porn Laws

Minnesota

 

gross misdemeanor, one year jail time and $1,000 fine unless there are aggravating circumstances

 

Title: Article 5 Section 9 617.261

 

Nonconsensual dissemination of private sexual images

 

Status: In effect, as of August 1st, 2016

 

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:

– the person is identifiable: from the image itself, by the person depicted in the image or by another person; or from personal information displayed with the image
– the person who disseminates the image should know that the person depicted in the image does not consent to the dissemination
– the image was obtained or created when the actor knew or should have known the person depicted had a reasonable expectation of privacy

 

Repercussions:

A person who violates Sec. 9 Nonconsensual dissemination of private sexual images is guilty of a gross misdemeanor. They may also be sentenced to imprisonment for not more than three years or pay a $5,000 fine, or both if one of the following factors is present:

– the person depicted in the image suffers financial loss
– the person disseminated the image with intent to profit from it
– the person disseminates the image with intent to harass the person depicted
– the disseminator posts the image on a website
– the disseminator maintains a website, online service, or app for disseminating the image
– the image was obtained through computer hacking
– they have been previously convicted of this offense

 

“It is not a defense to a prosecution under this section that the person consented to the capture or possession of the image.”

 

Does not apply to: Disseminations made lawfully in investigations, when reporting unlawful conduct, while seeking medical attention, images created in public formats/artistic expressions, or for legal proceeding consistent with common practices civilly

 

(http://www.house.leg.state.mn.us/amend/H1372A16.htm)