Minnesota Statutes

Minn. Stat. § 617.247 (2026)

Possession Of Child Sexual Abuse Material

✓ current as of May 2026

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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 child sexual abuse material 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.Definitions.

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.Dissemination prohibited.

(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.Possession prohibited.

(a) A person who possesses 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 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. 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.

Subd. 8.Affirmative defense.

It shall be an affirmative defense to a charge of violating this section that the child sexual abuse material was produced using only persons who were 18 years or older.

[See Note.]

Subd. 9.Conditional release term.

Notwithstanding the statutory maximum sentence otherwise applicable to the offense or any provision of the sentencing guidelines, when a court commits a person to the custody of the commissioner of corrections for violating this section, the court shall provide that after the person has been released from prison, the commissioner shall place the person on conditional release for five years. If the person has previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this state, or any state, the commissioner shall place the person on conditional release for 15 years. The terms of conditional release are governed by section 609.3455, subdivision 8.

Notes of Decisions

Cited in 53 cases (11 in the last 5 years), 1987–2026 · leading case: State v. Cannady, 727 N.W.2d 403 (Minn. 2007).

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State v. Cannady, 727 N.W.2d 403 (Minn. 2007). · cites it 44× “After a court trial in Ramsey County District Court, appellant Scott Edward Cannady was convicted of 23 counts of possessing child pornography in violation of Minn.Stat. § 617.247, subd. 4(a) (2006), based on photographic images found on his computer.”

Kaiser v. State, 641 N.W.2d 900 (Minn. 2002). · cites it 20× “Pursuant to an agreement, he pleaded guilty to gross misdemeanor possession of pictorial representations of minors as defined by Minn.Stat. § 617.247, subd. 4 (1996). At the plea hearing the court stayed imposition of sentence and placed appellant on supervised probation for two…”

State v. Mauer, 741 N.W.2d 107 (Minn. 2007). · cites it 18× “We are asked to decide whether the provision within Minn.Stat. § 617.247, subd. 4(a) (2006) (the “child pornography statute”), making it a crime to possess child pornography if the possessor has “reason to know” that the work involves a minor, requires proof of a…”

State v. Fingal, 666 N.W.2d 420 (Minn. Ct. App. 2003). · cites it 28× “Appellants were tried separately on stipulated facts and convicted separately under Minn.Stat. § 617.247 (1999) of possession of pictorial representations of minors.”

State of Minnesota v. Timothy John Bakken, 883 N.W.2d 264 (Minn. 2016). · cites it 10× “After police seized Bakken’s computer and discovered the images, he was charged with seven counts of Possession of Pornographic Work Involving Minors, in violation of Minn.Stat. § 617.247, subd. 4(a) (2014). Bakken pleaded guilty to all seven counts.”

State v. Overweg, 922 N.W.2d 179 (Minn. 2019). · cites it 23× “This case requires that we decide whether the two-tier conditional-release term contained in the child-pornography statute, Minn. Stat. § 617.247 , subd. 9 (2010), is *181 ambiguous.”

State v. McCauley, 820 N.W.2d 577 (Minn. Ct. App. 2012). · cites it 24× “A jury found appellant Timothy McCau-ley guilty of two counts of dissemination of child pornography and 22 counts of possession of child pornography in violation of Minn.Stat. § 617.247, subds. 3(a), 4(a) (2010).”

State v. Bertsch, 707 N.W.2d 660 (Minn. 2006). · cites it 5× “Bertsch was convicted and sentenced on one count of dissemination of pornographic work involving minors, Minn.Stat. § 617.247, subd. 3 (2004), and 19 counts of possession of such works, id.”

State v. Overweg, 914 N.W.2d 410 (Minn. Ct. App. 2018). · cites it 36× “9, motion to correct his sentence, arguing that the sentencing court imposed an unlawful ten-year conditional-release term under Minn. Stat. § 617.247 , subd. 9. We agree, and we reverse and remand.”

State v. Johnson, 831 N.W.2d 917 (Minn. Ct. App. 2013). · cites it 4× “On appeal from his conviction of five counts of possessing a pornographic work involving minors, in violation of Minn.Stat. § 617.247, subd. 4(a) (2008), following a trial on stipulated evidence conducted pursuant to Minn.”

State v. Myrland, 644 N.W.2d 847 (Minn. Ct. App. 2002). · cites it 18× “The state contends that the district court erred in finding that the affirmative defense in Minn.Stat. § 617.247, subd. 8 (2000), unconstitutionally requires defendants to prove the age of the person *849 in the pornographic work.”

Osborne v. Ohio, 495 U.S. 103 (1990). · cites it 2× “1989); Minn. Stat. § 617.247 (1988); Mo. Rev. Stat.”

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