What Are Pornography Charges in Minnesota?
There are several different types of pornography crimes in Minnesota, and unfortunately, they all involve minors to some extent. However, that doesn’t mean that all of the pornographic content involved in these offenses is child pornography.
Sharing Pornography with Minors
Both disseminating (selling) and displaying adult porn to minors is illegal under Minnesota law. This could include any pictures, books, films or other materials that contain sexually explicit conduct, nudity or sadomasochistic abuse that may be considered harmful to minors. Even though the pornography is legal for adults to view, it is considered a crime to share with underage consumers.
Child Pornography Charges
The other main type of pornography charge involves child pornography. According to Minnesota Statute 617.246, child pornography is any depiction—whether in photographs, video or any other form of expression—of a minor engaging in sexual behavior.
If you are accused of a child pornography crime, there are three different charges you might face: possession, distribution or production of child pornography. If convicted of a child pornography crime, the severity of your sentence will depend on which specific charge you were found guilty of committing and to what extent.
Penalties for Pornography Charges
If convicted of displaying adult pornography to minors, you will likely be charged with a misdemeanor and may be required to pay a fine up to $1,000. If convicted of disseminating adult porn to minors, you may be charged with a gross misdemeanor, sentenced to up to one year in prison and fined up to $3,000.
The criminal penalties related to child pornography are much more severe than punishments for sharing pornography with minors. Here are the punishments associated with each type of child pornography crime:
- Possession of child pornography. If convicted of possessing child pornography, you could face up to five years in prison and a maximum fine of $5,000 for the first offense, 10 years and a $10,000 fine for the second or subsequent offenses and potentially five to 10 years of conditional release following prison.
- Distribution of child pornography. If convicted of distributing child pornography, you could face up to seven years in prison and a $10,000 fine for the first offense, up to 15 years and a $20,000 fine for the second or subsequent offense and potentially a mandated mental exam that requires a report as to whether treatment is needed.
- Production of child pornography. If convicted of using a child in the production of pornography, you could serve up to 10 years in prison and pay a $20,000 fine for the first offense and $40,000 for the second offense. After prison, you will be subject to conditional release for five years, unless you had a prior sexual or child pornography conviction, in which case conditional release is increased to 10 years.
In addition to criminal penalties, people convicted of pornography charges involving minors or child pornography crimes may be required to join the sex offender registry. Being a registered sex offender not only affects your reputation but also where you live and work.
