Minnesota Child Pornography Laws

Minnesota Statutes Sections:

Minn. Code 617.245 — Use of Minors in Sexual Performance Prohibited

Minn. Code 617.247 — Possession of Pornographic Work Involving Minors

Minn. Code 617.293 — Harmful Materials; Dissemination and Display to Minors Prohibited

Use of Minors in Sexual Performance Prohibited

• Employing or permitting a child under 18 to engage in posing or modeling alone or with others in any sexual performance or pornographic work. This includes pornographic images in photographs, film, drawings, or other visual depictions showing a child in actual or simulated sexual conduct. This conduct may consist of sex, masturbation, S&M, and other sexual acts, giving the impression that a minor is engaging in sexual conduct.
• Owning or operating a business that disseminates or reproduces child pornographic materials to adults or minors
• Knowingly disseminating child porn for money to an adult or minor

Possession of Pornographic Work Involving Minors

• It is a felony to disseminate child porn to an adult or child, knowing that the content is pornographic
• Possessing child porn or a computer with electronic storage of child porn with the knowledge of what it contains

Disseminating or Displaying Porn to Minors

Selling pictures, films, books, or other materials that contain images of minors engaging in sexual conduct, nudity, or sadomasochistic abuse in public without an opaque covering

Criminal Penalties

The above crimes are subject to the following penalties in Minnesota:

• Using a Child in a Porn, Operating a Business Where Child Porn is Disseminated, or Disseminating Child Porn for Profit. Offenders face up to 10 years in prison and a fine of up to $20,000 for the first offense. $40,000 for the second offense. After prison, the law requires conditional release (sex offender treatment, monitoring, etc.) for five years unless a defendant has a prior child porn conviction. In that case, the conditional release will last for 10 years.

• Disseminating Child Porn. This crime carries a penalty of up to seven years and fines of up to $10,000 for the first offense. Up to 15 years and a $20,000 fine for the second or later offense. These penalties also apply if the defendant is already a registered predatory offender (called sex offender in most other states). In these child pornography cases, the court can order a mental exam of the defendant for subsequent violations and require a report about whether they need treatment.

• Possession of Child Porn. Defendants convicted of this crime will face up to five years in prison and a fine of not more than $5,000 for the first offense. For a second offense, the punishment is up to 10 years in prison and a $10,000 fine. Offenders are also subject to five or 10 years of conditional release after serving their prison sentence.

• Disseminating (Adult) Porn to Minors. This offense qualifies as a gross misdemeanor with a penalty of up to one year in jail or prison and a $3,000 fine.

• Displaying Porn to Minors. If law enforcement catches you displaying pornography to minors, the state will charge you with a misdemeanor. This crime carries a maximum penalty of a $1,000 fine.

Civil Penalties

A county attorney or attorney general can request an injunction for the court to stop the dissemination or display of sexual materials to children.

A conviction for using a minor in a sexual performance or possession of child pornography will get you on the sex offender registry (Predatory Offender Registry) for 10 years after your release.

Consent is not a defense to creating or possessing child porn. A child’s parent or guardian does not have a legal right to consent to their child engaging in child pornography. In State v. Canady, a Minnesota Court held that mistake about the minor’s age is no defense to child porn charges.

One valid defense is that you are a member of law enforcement, work for the court, or are an attorney, doctor, psychologist, or social worker handling pornographic material for professional purposes.