Is someone you know being investigated for child pornography charges? If so, the criminal attorneys at Brandt Criminal Defense are equipped to help those facing child pornography charges in the Minneapolis, MN Twin Cities metro area. With over 30 years of experience, we know child pornography cases. We understand the havoc these charges can wreak in your life and we stand ready to assist you—whether you are under investigation or already facing charges. We take a very aggressive and proactive approach to child pornography charges and work with you to put together a plan of attack to protect your rights.
Our plan may include consulting with experts in computer forensics to challenge the state’s claims, investigating and researching the law to fight search warrants and police tactics, and taking proactive steps to minimize the consequences of these charges. The state has already started their investigation against you; you should get someone on your side to start building your defense.
What do child pornography charges include?
- Someone who creates or shares a pornographic work involving minors
- Someone who disseminates a pornographic work involving minors
Child pornography charges often start with an investigation on the internet and often involve the police using subpoenas and search warrants to obtain evidence on you. If you’re facing these types of charges it’s important that you get an experienced lawyer on your side as soon as possible. At Brandt Criminal Defense we take our 30 years of experience and put it to work for you challenging the state’s evidence and fighting illegal police tactics. We have successfully challenged these cases in the past and are ready to help you get your life back to normal.
Call 763-421-6366 for a free consultation today.
Child Pornography Information & Guides
All penalties listed below for child pornography are the maximum penalty that can be imposed under Minnesota Law unless otherwise specified.
- Dissemination prohibited
Felony: 7 years and/or a $10,000 fine.
If it is a second or subsequent offense: 15 years and/or a $20,000 fine.
- Possession prohibited
Felony: 5 years and/or a $5,000 fine.
If it is a second or subsequent offense: 10 years and/or a $10,000 fine.
If the violation occurs when a person is a registered predatory offender: 10 years.
Dissemination prohibited (Minn. Stat. § 617.247, subd. 3)
Whoever disseminates pornographic work to an adult or a minor, knowing or with reason to know its content and character is guilty of child pornography.
Possession prohibited (Minn. Stat. § 617.247, subd. 4)
A person who possesses a pornographic work or a computer disk or computer or other electronic, magnetic, or optical storage system or a storage system of any other type, containing a pornographic work, knowing or with reason to know its content and character.
- An original or reproduction of a picture, film, photograph, negative, slide, videotape, videodisc, or drawing of a sexual performance involving a minor; or
- Any visual depiction, including any photograph, film, video, picture, drawing, negative, slide, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means that:
- Uses a minor to depict actual or simulated sexual conduct;
- Has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct; or
- Is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexual conduct.
For the purposes of this paragraph, an identifiable minor is a person who was a minor at the time the depiction was created or altered, whose image is used to create the visual depiction.
Means any of the following:
- an act of sexual intercourse, normal or perverted, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;
- sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed;
- lewd exhibitions of the genitals; or
- physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
What if I am doing my job and am in possession of child pornography?
This section does not apply to the performance of official duties by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists, or social workers or persons acting at the direction of a licensed physician, psychologist, or social worker in the course of a bona fide treatment or professional education program.
What if the parents consent to the sexual performance by their child?
Consent to sexual performance by a minor or the minor’s parent, guardian, or custodian is NOT a defense to a charge of violation of this section.
What if the pornographic work only involved people over 18 years of age?
It shall be an affirmative defense to a charge of violating this section that the pornographic work was produced using only persons who were 18 years or older.
If you are facing charges involving child pornography possession, production or distribution, you should do two things:
1. Contact a criminal defense attorney; and,
2. Do NOT talk to the cops.
Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney that has experience in child pornography charges present.