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. 2

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