(4) the actor posts the image on a Web site;
(5) the actor disseminates the image with intent to
harass the person depicted in the image;
(6) the actor obtained the image by committing a
violation of section 609.52, 609.746, 609.89, or 609.891; or
(7) the actor has previously been convicted under this
chapter.
Id., subd. 2(b) (emphasis added). “‘Harass’ means an act that would cause a substantial
adverse effect on the safety, security, or privacy of a reasonable person.” Id., subd. 7(c).
Minn. Stat. § 617.261 is not violated if
(1) the dissemination is made for the purpose of a
criminal investigation or prosecution that is otherwise lawful;
(2) the dissemination is for the purpose of, or in
connection with, the reporting of unlawful conduct;
(3) the dissemination is made in the course of seeking
or receiving medical or mental health treatment and the image
is protected from further dissemination;
(4) the image involves exposure in public or was
obtained in a commercial setting for the purpose of the legal
sale of goods or services, including the creation of artistic
products for sale or display;
(5) the image relates to a matter of public interest and
dissemination serves a lawful public purpose;
(6) the dissemination is for legitimate scientific research
or educational purposes; or
(7) the dissemination is made for legal proceedings and
is consistent with common practice in civil proceedings
necessary for the proper functioning of the criminal justice
system, or protected by court order which prohibits any further
dissemination.
Id., subd. 5.
In sum, Minn. Stat. § 617.261 applies to a single intentional dissemination of an
image of “another person who is depicted in a sexual act or whose intimate parts are
exposed” if certain requirements are met. Id., subd. 1. Those requirements are based in
9
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات