Computer-Based Sex Offenses

In Minnesota, computer-based sex offenses typically involve the use of technology—such as the internet, computers, or mobile devices—to commit criminal acts related to sex. These offenses can range from online solicitation and child pornography to exploitation and cyberstalking. Below are some of the key computer-based sex offenses in Minnesota law:

1. Online Solicitation of a Minor (Minn. Stat. § 609.352)

• Definition: It is illegal to communicate or solicit a minor (under 18) for sexual purposes using the internet, phone, or any other electronic means.
• Key elements:
  • The defendant knowingly communicates with a minor or someone they believe is a minor.
  • The communication is for the purpose of engaging in illegal sexual conduct or arranging a meeting for sex.
• Penalties:
  • Felony charge
  • Up to 5 years in prison and/or fine up to $10,000
• Example: A person communicates with a 15-year-old via social media, attempting to meet in person for sexual purposes.

2. Child Pornography (Minn. Stat. § 617.246)

• Definition: Possessing, producing, distributing, or accessing child pornography is illegal in Minnesota.
• Key elements:
  • The defendant knowingly possesses or distributes images or videos of minors engaged in sexually explicit conduct.
  • Includes accessing child pornography via the internet or other digital means.
• Penalties:
  • Felony charge
  • Possessing child pornography: Up to 5 years in prison and/or fine up to $10,000
  • Producing or distributing: Up to 20 years in prison and/or fine up to $35,000
• Example: A person downloads explicit images of minors from an illegal website.

3. Exploitation of a Minor (Minn. Stat. § 609.324)

• Definition: Using a minor in any form of sexual exploitation (such as creating explicit content or using them in sex trafficking) via electronic means.
• Key elements:
  • The defendant involves a minor in sexual exploitation by using technology to create, distribute, or profit from sexually explicit material or exploitation.
• Penalties:
  • Felony charge
  • Up to 20 years in prison and/or fine up to $35,000
• Example: An individual coerces a minor into creating explicit videos, which are shared online.

4. Indecent Exposure (Via Technology) (Minn. Stat. § 617.23)

• Definition: It is illegal to send or share explicit sexual images or videos of oneself or others without consent, commonly referred to as “sexting” or cyberflashing.
• Key elements:
  • The defendant knowingly shares sexually explicit material or images via the internet, text messages, or other electronic platforms without consent.
• Penalties:
  • Depending on the severity and context, the offense can be treated as a gross misdemeanor or felony.
  • Penalties vary based on the offense but can include jail time, probation, and/or fines.
• Example: Sending unsolicited explicit pictures of oneself to a person via social media or messaging apps.

5. Cyberstalking and Online Harassment (Minn. Stat. § 609.749)

• Definition: Using electronic communication to harass, intimidate, or threaten someone, including online actions related to sexual assault or coercion.
• Key elements:
  • The defendant uses the internet or other electronic means to repeatedly harass or threaten someone, potentially with the intention of sexual coercion or exploitation.
• Penalties:
  • Gross misdemeanor
  • Up to 1 year in jail and/or fine up to $3,000
  • If the offense involves threats of sexual violence, it may be elevated to a felony.
• Example: Sending repeated sexual threats to someone via social media or email.

6. Sexting and Sharing Nude Images of Minors (Minn. Stat. § 617.247)

• Definition: Sending or receiving explicit photos or videos of minors is illegal, even if the minor consents to sending the images.
• Key elements:
  • The defendant knowingly distributes or possesses sexually explicit images or videos of a minor, even if the minor was a willing participant.
• Penalties:
  • Felony
  • Up to 5 years in prison and/or fine up to $10,000
• Example: A 16-year-old sends nude photos to a friend, and the friend shares the photos with others, leading to criminal charges.

Defenses to Computer-Based Sex Offenses in Minnesota

Possible defenses against computer-based sex offenses might include:

• Mistaken identity – The defendant was falsely accused of committing the offense.
• Lack of intent – The defendant may argue that the actions were accidental or unintentional.
• Involuntary actions – The defendant was coerced, under duress, or unknowingly involved in illegal activity.
• Insufficient evidence – The prosecution fails to prove that the defendant knowingly participated in the illegal activity.
• Free speech or parody – The defendant can argue that their actions were protected under the First Amendment (though this is limited when it comes to illegal content).

These are serious offenses that can have life-altering consequences, including long prison sentences, fines, and mandatory registration as a sex offender. If you or someone you know is facing a charge related to a computer-based sex offense, it’s essential to seek legal counsel immediately.