New Revenge Porn Law in Minnesota

On August 1, 2016 a new law will go into effect in the state of Minnesota that is designed to crack down on individuals who disseminate private sexual images or attempt to solicit sex for another person without consent. According to Minneapolis felony lawyer Max Keller, “The bill creates long overdue remedies to protect victims of revenge porn while more effectively defining the terms of the crime itself.”

In recent years, revenge porn has developed into a growing crime that has affected the lives of innocent victims throughout the United States. Advances in technology and the expansion of the internet have enabled perpetrators to easily spread sexual photos, videos and even solicitations for sexual encounters all over the world in just a matter of days. Under the new law, anyone who is convicted of revenge porn can face gross misdemeanor charges that could result in up to $3,000 in fines, one year behind bars, or both.

When aggravating factors are present, the crime can be upgraded to a felony, which could result in a convicted individual spending up to five years in prison and facing up to $10,000 in fines. Depending on the circumstances surrounding the crime, the courts may also award compensation to the victim for other damages that are linked to revenge porn. Since these charges can include court costs, reasonable attorney fees, financial losses and up to an additional $10,000 in civil penalties, the costs involved with a conviction can add up quickly.

While the new law is a positive step to protect the rights of revenge porn victims, it is important to remember that many of these cases involve innocent defendants who are in fact victims of angry revenge themselves. According to attorney Max Keller, “It is hoped that the clearer definitions that are provided in the bill will also protect defendants who are wrongfully accused.”

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.