Forty-six states and the District of Columbia have passed revenge porn laws, but courts are increasingly considering the constitutionality of the statutes on First Amendment grounds. However, there is little cohesion among state revenge porn laws. Two recent cases in Illinois and Texas, People v. Austin and Ex Parte Jordan Bartlett Jones, have challenged revenge porn statutes on First Amendment...
As of August 1, 2019, a handful of new criminal laws went into effect in Minnesota. Below is a shortlist to keep you in the loop: Hands Free: Holding your phone while driving is a crime, unless required for obtaining emergency assistance, if there is a threat to life and safety, or in an authorized emergency vehicle performing official duties....
Those required to register as predatory offenders must provide, among other personal information, their primary and secondary addresses, and any vehicles they own or regularly drive. All information must remain up to date; by not updating, one is deemed “non-compliant.” If a person fails to comply with the registration requirements, information about the offender may be made available to the...
Date: May 2019
Attorney: Nicole Kettwick
Charge: Criminal Sexual Conduct
Result: Nicole was retained on a preliminary basis after her client was contacted by an investigator and CPS. She immediately went to work by contacting the Isanti County Sheriff’s Office, Isanti County Attorney’s Office, and the investigator involved. She conducted her own investigation and ultimately the investigator agreed with Nicole and did not file charges or send the case to a prosecutor for charging.
The Minnesota Court of Appeals published a decision today regarding what now qualifies as a “substantial step” towards the commission of third-degree criminal sexual conduct in In State v. Wilkie, Mr. Wilkie was convicted of attempted third-degree criminal sexual conduct violation of Minn. Stat. §§ 609.17, subd. 1, .344, subd. 1(b) (2016). The factual background of the case is as...
In 2006, in response to several high-profile cases where various victims were abducted and murdered, the US Congress passed a law requiring states to maintain databases of offenders convicted of various offenses. The federal law is entitled the Sex Offender Registration and Notification Act (SORNA). Originally these state databases were referred to as “sex-offender registries” but as the laws changed...
Pursuant to Minn. Stat. § 609.5312, any person charged with a prostitution offense, who allegedly used their vehicle to commit the offense, can have their motor vehicle forfeited. The Minnesota Legislature recently changed the laws to require a conviction in these cases in order for law enforcement to keep the vehicle, but the police can hold a vehicle for months...
It’s that time of year again…Minnesota Pardon Applications are due December 1, 2017, for the spring 2018 hearing. The Minnesota Pardon Board meets twice per year to consider pardon applications. Many people ask whether a criminal sexual conduct conviction can be pardoned. In Minnesota, any offense can be pardoned, however, the Pardon Board has indicated a general hesitancy to pardon...
Yes, possibly. If you possess or disseminate to others pornographic work involving a minor knowing or with reason to know its content and character, you could be guilty of a felony under Minn. Stat. § 617.247. A minor is any person under the age of 18. A nude picture could be considered pornographic work. This could involve any photo or...
On March 8, 2017, the Minnesota Supreme Court ruled that Minnesota’s law against electronic solicitation of children is constitutional. This decision reversed both a Minnesota district court and the Minnesota Court of Appeals, who both said the law was unconstitutionally overbroad in that it restricted a substantial amount of free speech. Krista Muccio was arrested after a father reported that...
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