St. Paul Child Porn Defense Attorney
Facing Child Pornography Accusations in St. Paul, MN?
Being accused of a child pornography offense in Minnesota is one of the most serious and stigmatizing sex crimes a person can face. Whether the allegations involve possession, distribution, or production, the consequences can include prison time, mandatory sex offender registration, and a lifelong impact on your reputation, employment, and relationships.
At Tamburino Law Group, we understand how overwhelming and terrifying these charges can be. If you or a loved one is under investigation or has been arrested for a child pornography offense in St. Paul, MN, it is critical to speak with a skilled and discreet St. Paul child porn defense lawyer as soon as possible. Early intervention by experienced counsel can often make a significant difference in how your case unfolds.
Call (612) 444-5020 or fill out our online contact form today for a free, confidential consultation with our team.
What is Considered Child Pornography?
Under Minnesota law, child pornography refers to any visual representation—including photographs, videos, or digital images—of a minor engaged in sexual conduct. According to Minnesota Statutes § 617.246, a “minor” is any person under the age of 18, and “sexual conduct” includes a broad range of acts, from actual or simulated sexual intercourse to lewd exhibition of the genitals.
Importantly, even if the person depicted appears older, or even if the accused believed the person was over 18, those facts may not prevent prosecution. Federal law also criminalizes the possession, distribution, and production of child pornography, meaning that many cases can lead to both state and federal charges.
Child pornography cases often begin with digital evidence—such as internet downloads, file sharing, cloud storage, or email transmissions—identified by law enforcement or federal task forces. Investigators may seize computers, cell phones, or other electronic devices during a search.
Types of Child Pornography Charges & Penalties
Minnesota law distinguishes between several types of child pornography-related offenses. Each carries different penalties depending on the nature of the conduct and whether there are aggravating factors.
Possession of Child Pornography
Possession of child pornography is a felony offense in Minnesota. Penalties include:
- Up to 5 years in prison
- Up to $5,000 in fines
- Mandatory registration as a sex offender in some cases
If the material involves victims under age 13, or if the accused has prior convictions, enhanced penalties may apply.
Distribution or Dissemination
If the accused is alleged to have shared, emailed, or otherwise distributed illicit material, the penalties are significantly more severe:
- Up to 7–15 years in prison (depending on the number of images and nature of the content)
- Substantial fines
- Mandatory sex offender registration
This includes sharing content through peer-to-peer networks, even if done unknowingly through auto-syncing or file-sharing apps.
Production or Creation
Producing or directing the creation of child pornography is among the most serious charges:
- Up to 20 years or more in prison
- High fines and lifetime supervision
- Automatic sex offender registration
Federal charges may apply and can result in mandatory minimums under federal sentencing guidelines.
Legal Defenses to Child Pornography Charges
At Tamburino Law Group, we meticulously analyze the facts of each case to build the strongest possible defense. Some of the potential legal defenses to child pornography charges include:
- Lack of Knowledge or Intent: In some cases, files may have been downloaded unknowingly or stored in hidden folders without the accused’s awareness. Proving lack of intent or knowledge can be a strong defense, particularly in cases involving peer-to-peer sharing programs or viruses.
- Illegal Search and Seizure: Evidence obtained through an unlawful search or seizure can often be suppressed. If law enforcement failed to obtain a valid warrant or violated your Fourth Amendment rights, we can file motions to exclude that evidence.
- Mistaken Identity or Hacked Accounts: If someone else accessed your IP address or device—such as a roommate, hacker, or former partner—it could lead to false accusations. We work with forensic computer experts to trace the origin and access history of any illicit material.
- Age Dispute: In some cases, individuals may appear older than they are or lie about their age online. While this may not be a full defense under Minnesota law, it can impact sentencing or help negotiate a plea deal.
- Entrapment: If law enforcement induced someone to commit an offense they otherwise would not have committed, entrapment may be a valid defense, particularly in sting operations or undercover scenarios.
Child Pornography FAQs
What should I do if I’m contacted by police about a child pornography investigation?
Do not answer questions, make statements, or attempt to explain the situation without legal counsel. Politely inform investigators that you wish to speak with your attorney. Then contact a St. Paul child porn defense lawyer immediately.
Can I be charged for images I didn’t know were on my device?
Yes, but proving lack of knowledge is often central to the defense. Devices that auto-download files, viruses, or shared networks can be grounds for a strong legal argument.
Will I have to register as a sex offender if convicted?
In many cases, yes. However, certain charges—particularly first-time offenses involving possession—may offer alternatives through plea negotiations or sentencing strategies. Our firm will fight to avoid registration when possible.
Can federal charges apply in addition to state charges?
Yes. If the alleged conduct involved crossing state lines, the internet, or interstate communication, federal law may apply, which often carries harsher mandatory minimums.
Is there any way to resolve these charges discreetly?
Yes. While no resolution is guaranteed, our firm prioritizes protecting your reputation and privacy. In certain cases, it may be possible to negotiate a resolution without public trial.
Speak with a St. Paul Child Porn Defense Lawyer Today
If you or someone you love is facing child pornography charges in Minnesota, your future is at risk. These charges carry not only severe criminal penalties but also lasting social consequences. At Tamburino Law Group, we take these cases extremely seriously. Our top priority is to protect your rights, your freedom, and your reputation.
Our team has the experience, discretion, and knowledge to mount a vigorous defense and challenge both the prosecution’s evidence and the legality of the investigation. We work closely with digital forensic experts, handle each case confidentially, and fight aggressively for favorable outcomes.
Contact us at (612) 444-5020 to discuss your case and find out how we can assist you.
Have Questions?
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1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
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2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Tamburino Law Group is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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Case Dismissed Possession of Drugs in Vehicle
Attorney Hannah Martin represented a client who was charged with drug possession after officers searched her friend’s vehicle when she was a passenger.
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Case Dismissal Assault ChargesAttorney Joe Tamburino represented a client in Anoka County on multiple assault charges involving multiple alleged victims. Joe litigated the matter for almost a year, and on the day of trial he got the case dismissed. His client was very happy.
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