OPINION
LARKIN, Judge
Appellant challenges his conviction of felony nonconsensual dissemination of
private sexual images under Minn. Stat. § 617.261, arguing that the statute is
constitutionally overbroad and therefore facially invalid under the First Amendment to the
United States Constitution. We conclude that Minn. Stat. § 617.261 is facially overbroad
in violation of the First Amendment as a result of its lack of an intent-to-harm requirement
and its use of a negligence mens rea.
Because it is not possible to remedy those
constitutional defects through application of a narrowing construction or by severing
problematic language from the statute, we invalidate the statute and reverse appellant’s
conviction and sentence.
FACTS
In 2017, respondent State of Minnesota charged appellant Michael Anthony Casillas
with felony nonconsensual dissemination of private sexual images under Minn. Stat.
§ 617.261, after A.K.M. reported that Casillas had obtained and disseminated, without her
consent, private sexual images of her. The complaint alleged that Casillas obtained
A.K.M.’s account log-in information for her wireless and television provider accounts
while they were in a relationship and that after their relationship ended, Casillas accessed
those accounts and obtained photos and videos containing sexual images of A.K.M.
Casillas told A.K.M. that he planned to release the photos and videos. A.K.M. objected.
She later received a screenshot of one of the videos that had been sent to 44 recipients and
posted online. The video showed A.K.M. engaging in a sexual act with another individual.
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