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617.247
Statute ID:
1842
Statute Function ID:
18773
Possess Pornographic Work of Minors-Sexual Conduct
In Effect
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Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
617.247
Enactment Date:
Jan 1, 1859
Effective Date:
Jan 1, 1859
Expiration Date:
Repealed?:
No
Summary Text:
Possess Pornographic Work of Minors-Sexual Conduct
Statute ID:
1842
Created:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 1, 2006 by mnjis.legal.analyst@state.mn.us
Last Update Action:
System
Legal Analyst Comment:
Summary Text:
Possess Pornographic Work of Minors-Sexual Conduct
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/617/247.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
Jun 4, 2025
Subdivision 1. It is the policy of the legislature in enacting this section to protect minors from the physical and psychological damage caused by their being used in pornographic work depicting sexual conduct which involves minors. It is therefore the intent of the legislature to penalize possession of pornographic work depicting sexual conduct which involve minors or appears to involve minors in order to protect the identity of minors who are victimized by involvement in the pornographic work, and to protect minors from future involvement in pornographic work depicting sexual conduct. Subdivision 1. It is the policy of the legislature in enacting this section to protect minors from the physical and psychological damage caused by their being used in child sexual abuse material pornographic work depicting sexual conduct which involves minors. It is therefore the intent of the legislature to penalize possession of child sexual abuse material depicting sexual conduct which involve minors or appears to involve minors in order to protect the identity of minors who are victimized by involvement in the child sexual abuse material, and to protect minors from future involvement in child sexual abuse material depicting sexual conduct. Subd. 2. For purposes of this section, the following terms have the meanings given them: (a) "Pornographic work" has the meaning given to it in section 617.246. (b) "Sexual conduct" has the meaning given to it in section 617.246. Subd. 2. For purposes of this section, the following terms have the meanings given: (a) "Child sexual abuse material" has the meaning given in section 617.246. (b) "Sexual conduct" has the meaning given in section 617.246. Subd. 3. (a) A person who disseminates pornographic work to an adult or a minor, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $10,000, or both. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $20,000, or both, if: (1) the person has a prior conviction or delinquency adjudication for violating this section or section 617.246; (2) the violation occurs when the person is a registered predatory offender under section 243.166; or (3) the violation involved a minor under the age of 14 years. Subd. 3. (a) A person who disseminates child sexual abuse material to an adult or a minor, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $10,000, or both. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $20,000, or both, if: (1) the person has a prior conviction or delinquency adjudication for violating this section or section 617.246; (2) the violation occurs when the person is a registered predatory offender under section 243.166; or (3) the violation involved a minor under the age of 14 years. Subd. 4. (a) A person who possesses a pornographic work or a computer disk or computer or other electronic, magnetic, or optical storage system or a storage system of any other type, containing a pornographic work, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than five years and or to payment of a fine of not more than $5,000, or both. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $10,000, or both, if: (1) the person has a prior conviction or delinquency adjudication for violating this section or section 617.246; (2) the violation occurs when the person is a registered predatory offender under section 243.166; or (3) the violation involved a minor under the age of 14 years. Subd. 4. (a) A person who possesses a child sexual abuse material or a computer disk or computer or other electronic, magnetic, or optical storage system or a storage system of any other type, containing child sexual abuse material, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than five years and or to payment of a fine of not more than $5,000, or both. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $10,000, or both, if: (1) the person has a prior conviction or delinquency adjudication for violating this section or section 617.246; (2) the violation occurs when the person is a registered predatory offender under section 243.166; or (3) the violation involved a minor under the age of 14 years. Subd. 7. If a person is convicted of a second or subsequent violation of this section within 15 years of the prior conviction, the court shall order a mental examination of the person. The examiner shall report to the court whether treatment of the person is necessary.
