It is a crime to intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed, in whole or in part, when: (1) the person is identifiable: (i) from the image itself, by the person depicted in the image or by another person; or (ii) from personal information displayed in connection with the image; (2) the actor knows or reasonably should know that the person depicted in the image does not consent to the dissemination; and (3) the image was obtained or created under circumstances in which the actor knew or reasonably should have known the person depicted had a reasonable expectation of privacy. Minn. Stat. § 617.261, subd. 1 (emphasis added). “‘Dissemination’ means distribution to one or more persons, other than the person depicted in the image, or publication by any publicly available medium.” Id., subd. 7(b). “‘Image’ means a photograph, film, video recording, or digital photograph or recording.” Id., subd. 7(d). “‘Intimate parts’ means the genitals, pubic area, or anus of an individual, or if the individual is female, a partially or fully exposed nipple.” Id., subd. 7(e). As to penalties, the statute provides that normally, whoever violates Minn. Stat. § 617.261, subd. 1, is guilty of a gross misdemeanor. Id., subd. 2(a). However, a person who violates subdivision 1 is guilty of a felony and may be sentenced to imprisonment for up to three years if one of the following factors is present: (1) the person depicted in the image suffers financial loss due to the dissemination of the image; (2) the actor disseminates the image with intent to profit from the dissemination; (3) the actor maintains an Internet Web site, online service, online application, or mobile application for the purpose of disseminating the image; 8