Child Pornography Defense in St. Paul
Case-Specific Defense for Digital Evidence Allegations
Allegations involving pornographic work depicting minors require careful examination of the electronic evidence, the accused person’s knowledge, and how investigators obtained the material. At Rogosheske, Rogosheske & Atkins, PLLC, we defend people in St. Paul who are under investigation or charged with possession or dissemination of pornographic work involving minors.
Our attorneys have more than 80 years of combined sex-crimes defense experience. We have handled tens of thousands of cases and tried hundreds of jury trials. We draw on that background to evaluate each allegation and develop a tailored defense rather than relying solely on what investigators claim they found.
Our firm has practiced law in South St. Paul for over 70 years and handles criminal defense matters throughout Minnesota and Wisconsin. We provide straightforward communication, compassionate guidance, and clear updates so clients remain informed and involved throughout the proceedings.
Call (651) 413-9004 to discuss a child pornography investigation or criminal charge with our defense attorneys.
Minnesota Possession & Dissemination Charges
Minn. Stat. §617.247 addresses possession and dissemination of pornographic work involving minors. Both offenses include a knowledge element, so the prosecution must address whether the accused knew or had reason to know the content and character of the work. The presence of material alone doesn’t resolve every issue in the case.
Possession of Pornographic Work
Possession of a pornographic work involving a minor is a felony. A conviction carries a maximum of five years in prison, a $5,000 fine, or both.
When statutory aggravating circumstances apply, the maximum increases to 10 years in prison and a $10,000 fine. Those circumstances include a qualifying prior conviction, predatory offender status, or material involving a victim younger than 14.
Dissemination of Pornographic Work
Dissemination generally means distributing, transmitting, exhibiting, or otherwise making prohibited material available. A first offense is a felony carrying up to seven years in prison, a fine of up to $10,000, or both.
An aggravating circumstance can raise the maximums to 15 years in prison and a $20,000 fine. Relevant circumstances include a prior conviction, predatory offender status, or a victim under age 14.
Statutory Affirmative Defense
An affirmative defense allows an accused person to present facts that can defeat criminal liability even when the prosecution alleges the offense’s elements. The statute provides this defense when every person used to produce the work was at least 18 years old. Consent from a minor or the minor’s parent, guardian, or custodian isn’t a defense under the statute.
What Sets Us Apart
Our team of skilled and understanding professionals proudly provides comprehensive and efficient services for all Clients.
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Serving St. Paul Since 1948
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Over 50 Years of Collective Experience
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Tens of Thousands of People Helped
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Hundreds of Jury Trials Handled
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Highly Involved in the Local Legal Community
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Prepare Every Case for Trial
Evidence Issues in a St. Paul Investigation
An investigation can begin well before prosecutors file a formal charge. Law enforcement may examine devices, online accounts, stored communications, account records, and other digital material while trying to identify who possessed or shared particular files.
Our assessment can address whether material was knowingly possessed or disseminated, whether another person accessed the device or account, and whether investigators obtained the evidence lawfully. Mistaken identity and false allegations may also require close investigation. Because the statute includes a knowledge element, proof that a file existed on a device doesn’t end the legal analysis.
Important questions can include:
- Access: Who used or controlled the relevant device, account, network, or storage location?
- Knowledge: What allegedly shows that the accused knew the content and character of the material?
- Acquisition: Did investigators comply with the terms and legal limits of applicable search warrants?
- Forensics: What methods were used to identify, recover, attribute, and interpret the files?
Our sex-crimes defense work includes detailed evidence review, consultation with qualified professionals, and challenges to forensic techniques. We evaluate seizures, search warrants, account records, and forensic analysis against the facts and procedures of the specific investigation.
Consequences Beyond the Initial Sentence
A person committed to prison for violating Minn. Stat. §617.247 is generally subject to five years of conditional release after completing the prison term. Conditional release is a period of supervision following incarceration, and certain repeat offenses may result in longer periods.
For a second or subsequent violation within 15 years of a prior conviction, Minnesota law requires a mental examination and a report to the court addressing whether treatment is necessary. Potential collateral consequences, including predatory offender registration obligations, depend on the exact disposition, the offense of conviction, and the Minnesota law in effect at that time. We review these issues based on the particular charge rather than assuming every case has identical consequences.
Venue, or the legally proper location for prosecution, can also be important in a digital case. A prosecution may be filed where the alleged offense occurred or where the accused or alleged victim resides. If venue can’t be established on those grounds, the statute also addresses locations where the material was produced, reproduced, found, stored, received, promoted, disseminated, or possessed.
Representation Through Each Stage of the Criminal Case
Our representation begins with the client’s circumstances and the case’s procedural posture. The case may involve an active investigation, filed charges, criminal arraignment, pretrial hearings, or trial. Each stage presents different decisions, evidentiary questions, and opportunities to examine the prosecution’s allegations.
We use our legal resources and established professional connections to navigate complex criminal matters. Our attorneys analyze the available evidence, consider relevant forensic and legal issues, and develop a strategy based on the facts. We explain developments directly so the client can understand the case and participate in important decisions.
Discuss an Investigation or Charge with Our Attorneys
People facing an investigation or charge involving pornographic work depicting minors can contact us for a case-specific review. A prompt consultation allows our attorneys to assess the known allegations, available information, and current stage of the proceeding without predicting an outcome.
We represent people facing criminal investigations and charges throughout Minnesota, including St. Paul residents. Family members can also contact us for guidance on connecting a loved one with our defense attorneys.
Call (651) 413-9004 to speak with Rogosheske, Rogosheske & Atkins, PLLC about child pornography defense in St. Paul.
