Child pornography is illegal in the entire United States, including Minnesota. Minnesota takes this crime very seriously and has a number of laws to address the different ways a person may create, use, or access child pornography.
The following table details the child porn laws in Minnesota.
|Code Sections||Minnesota Statutes Sections 617.245 – Use of Minors in Sexual Performance Prohibited, 617.247 – Possession of Pornographic Work Involving Minors, and 617.293 – Harmful Materials; Dissemination and Display to Minors Prohibited|
Use of Minors in Sexual Performance Prohibited – Any of the following are illegal:
Possession of Pornographic Work Involving Minors – Both of the following are illegal:
The above crimes are subject to the following penalties in Minnesota:
Civil PenaltiesA county attorney or attorney general can request an injunction for the court to stop the dissemination or display of sexual materials to children.
Predatory Offender Registry
Additionally, a conviction for using a minor in a sexual performance or possession of child pornography will get you on the sex offender registry for 10 years (after you’re released from prison). If you’ve had prior or additional sex offenses, lifetime registry may be required. Being a registered sex offender can seriously impact where you can live and work, as well as what people think of you.
It’s not a defense to creating or possessing child porn that the child or the child’s parent or guardian consented. Nor is a mistake to the child’s age a defense to the using a child in a porn. However, it is a defense to using a minor in a porn that all involved in the porn were in fact 18 or older. This isn’t a defense to child pornography possession since a case State v. Canady.
Another defense is that you are a law enforcement, court, attorney, doctor, psychologist, or social worker working on the child porn matter or in a professional treatment or education program.
The child used in a porn can sue the person who hired or assisted the child in the sexual performance in civil court for his or her damages. Consent of the child or his or her parents and mistake as to age of the child are not possible defenses.
The child has 6 years after he or she should've known about the injury to sue, but this six years clock doesn't start until the child turns 18 and isn’t mentally ill. This is called the statute of limitations.
If you are considering suing someone for doing this to you, speak to an experienced Minnesota personal injury attorney.
Note: State laws change frequently, it’s important to verify the laws you're researching by conducting your own legal research or contacting a qualified Minnesota sex crimes attorney.
Research the Law
Minnesota Child Pornography Laws: Related Resources
Contact a qualified attorney.