March 14, 2018

Rice County District Court dismisses child pornography charges against 14-year-old teenager for sending an explicit Snapchat of herself. 

Contact: Jana Kooren, jkooren@aclu-mn.org, 651-529-1693, 651-485-5925 (cell)

Rice County District Court Judge Cajacob dismissed the child pornography charges against a 14-year-old Rice County girl for sending an explicit Snapchat of herself. She was charged with one count of felony dissemination of pornographic work. The American Civil Liberties Union of Minnesota filed a brief in defense of the teen, arguing that the prosecutor was abusing the intent of the law by prosecuting this girl, identified only as Jane Doe.

“This victory sends a message to prosecutors across Minnesota, prosecuting teens for sharing explicit content of themselves is not the intent of Minnesota’s child pornography law,” stated ACLU Legal Director, Teresa Nelson.

In his decision, Judge Cajacob asserts that the purpose and intent of Minnesota’s child pornography statute does not support punishing Jane Doe for explicit images of herself and doing so “produces an absurd, unreasonable, and unjust result that utterly confounds the statue’s stated purpose.” Judge Cajacob went on to say, “[t]his Court cannot see how subjecting [the juvenile] t0 registering as a sexual offender would protect her or teach her anything but that the justice system is cruel and unjust.”

Attorney John Hamer of Hoffman Hamer Law Office represented Jane Doe in her court case. “We are absolutely thrilled that the judge put an end to the unabashed state-sponsored victim-shaming the prosecution engaged in. I could not be any prouder of my client and her family who showed incredible strength and resolve throughout. Doe’s courage stemmed from her drive to help other victims who feel afraid to speak up. It is our sincere hope that victims can feel empowered to come forward and seek out assistance from authority without fear of felony charges.” 

ACLU’s amicus curiae brief was written by: Lousene Hoppe, Fredrikson & Byron, P.A. and Teresa Nelson, ACLU of Minnesota.

Link to brief