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)