Arrested? I Can Help 612-333-8001
Arrested? I Can Help 612-333-8001
Open/Close Menu Just another WordPress site
Arrested? I Can Help 612-333-8001

Blackmail Porn and the Law in Minnesota

Minnesota Criminal Defense Lawyer

Forming a relationship with someone can be a thrilling adventure. However, all relationships come with an expiration date. For some, it may be the until death do they part of marriage, but for others it just means a messy breakup some years, months, or even days down the line. Often when someone has their heart broken, it can lead them to take rash action. In this modern age, one act of revenge they can enact on an ex-lover is to upload their shared sexual exploits to the internet. This can be used to embarrass a previous lover and hurt their reputation, but it also serves as a form of blackmail. Yet, there is more to it than just embarrassing someone, it isn’t harmless. In fact, it is a crime.

It used to be that the area regarding the uploading of revenge or blackmail porn was very grey in Minnesota and other states. One could argue that the filming of sexual encounters was consensual and the video was shared by both parties, so they had equal right to do with it as they pleased. However, the law is quickly catching up with modern technology.

As of August 1st, 2016, Minnesota joined 34 other states with their new laws that detail the state’s stance on revenge porn. Although uploading private sexual encounters with an ex-lover need not be motivated by revenge or blackmail, it is now illegal to place sexual images or video online without the consent of the other party involved.

This means if you uploaded revenge porn, your ex-lover can seek a wide array of damages from you, including:

  • Financial losses cause by the images – Lost employment opportunity, termination due to morality clauses, ect.
  • Pain and suffering compensation
  • Any profit made by distributing the images
  • Court and attorney fees accrued by the damaged party

On top of this, your ex-lover may be entitled to an addition $10,000 in civil penalties and has the right to file a restraining order against you.

How to Fight Blackmail Porn Charges

Needless to say, this new law comes down hard on those who are responsible for uploading revenge porn. It also makes the old criminal defense strategies for this type of case much harder to argue. However, all is not lost.

By choosing the right defense attorney, they can help work out a specific and effective strategy for your case. In some cases, your defense may rely on the fact that you were so damaged by the breakup that you were not in a good state of mind when you uploaded the content. Previously, the best strategy was to prove that you uploaded the content and were negligent of the effect it would have on your ex-lover. Unfortunately, this new revenge porn law criminalizes negligence and that defense is no longer particularly effective.

There are some that believe that this new blackmail porn law walks dangerously close to impeding your first amendment right to free speech. Depending on the circumstances, arguing that may also be an effective strategy.

There is no cut and dry defense strategy for blackmail porn in Minnesota anymore, but that doesn’t mean your case is hopeless. Even the smallest loophole can help you come out with a win, or at least a reduced punishment. The key to finding it is to invest in a skilled defense attorney. If you are being charged under the new blackmail porn laws, contact us today. The Law Office of Judith Samson is dedicated to fighting for the rights of Minnesota citizens. Even if your case sounds hopeless, let us give you a free consultation to look over the unique facts.

Please contact our attorney for the most up to date information regarding the current laws. This article does not constitute an attorney-client relationship.

She made us feel relaxed, and did not try to scare us into hiring her. She was accurate in her estimation of the final charges that were filed. Her fees were reasonable. We got a great result – one we could not have even hoped for, likely due to her connections. Would definitely recommend her!

Read all testimonials

Latest News

- - Judith A. Samson, Minnesota Criminal Defense Lawyer, provides aggressive criminal defense services to clients in the Twin Cities and Western Suburbs of Minneapolis and St. Paul, such as Chaska, Hopkins, Plymouth, Minnetonka, St. Louis Park, Chanhassen, Wayzata, Shakopee, Maple Grove, Edina, Eden Prairie, Columbia Heights, Crystal, Golden Valley, Richfield, St. Paul, Bloomington, Shorewood, Edina, Brooklyn Center, and Excelsior, Roseville, Minnesota. Hennepin County • Carver County • Wright County • Scott County • Dakota County • Anoka County • Washington County • Ramsey County. Providing criminal defense to Minnetonka Criminal Lawyer, Eden Prairie, Edina, Bloomington, Eagan, Burnsville, Bloomington, Farmington, Hastings, Maplewood, St. Paul, Arden Hills, Anoka, Criminal Defense Minnetonka Colombia Heights and throughout the Twin Cities. Scott County, Carver County, Chaska, Savage, Prior Lake - - Disclaimer·

Mankato Web Design