1997 Minnesota Statutes

     617.247 Possession of pictorial representations of 
  minors. 

    Subdivision 1.    Policy; purpose.  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 photographic representations of sexual conduct which involves 
 minors.  It is therefore the intent of the legislature to 
 penalize possession of photographic representations of sexual 
 conduct which involve minors in order to protect the identity of 
 minors who are victimized by involvement in the photographic 
 representations, and to protect minors from future involvement 
 in photographic representations of sexual conduct.  

    Subd. 2.    Definitions.  For purposes of this section, 
 the following terms have the meanings given them:  

    (a) "Photographic representation" means an original or 
 reproduction of a film, videotape, videodisc, photograph, 
 negative, or slide.  

    (b) "Sexual conduct" has the meaning given to it in section 
 617.246.  

    Subd. 3.    Dissemination prohibited.  A person who 
 disseminates a photographic representation of sexual conduct 
 which involves a minor, knowing or with reason to know its 
 content and character and that an actual minor is an actor or 
 photographic subject in it, is guilty of a gross misdemeanor. 

    Subd. 4.    Possession prohibited.  A person who has in 
 possession a photographic representation of sexual conduct which 
 involves a minor, knowing or with reason to know its content and 
 character and that an actual minor is an actor or photographic 
 subject in it, is guilty of a gross misdemeanor. 

    Subd. 5.    Exception.  This section does not apply to 
 the performance of official duties by peace officers, court 
 personnel, or attorneys, nor to licensed physicians, 
 psychologists, or social workers or persons acting at the 
 direction of a licensed physician, psychologist, or social 
 worker in the course of a bona fide treatment or professional 
 education program.  

    Subd. 6.    Consent.  Consent to sexual performance by a 
 minor or the minor's parent, guardian, or custodian is not a 
 defense to a charge of violation of this section.  

    Subd. 7.    Second offense.  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.  

    HIST: 1982 c 604 s 3; 1983 c 204 s 12; 1986 c 444