Minnesota Supreme Court Could Increase Severity of Child Porn Charges

SAINT PAUL, Minn. — Sentencing guidelines for the possession of child pornography could drastically change due to a case that entered the Minnesota Supreme Court this week.

The state’s high court currently is hearing arguments stemming from the conviction of Joshua Bertsch two years ago, when the then-Macalester College student plead guilty to 19 counts of child porn possession.

Police had discovered that Bertsch, 22, had been running an online exchange service for child porn from his dorm room. Bertsch’s computer reportedly held several thousand illegal pictures at the time of his arrest.

Now the Minnesota Supreme Court is trying to decide how to sentence Berstch, whether for multiple accounts of child porn based on the number of images found or on one single count for the act itself.

Bertsch's attorney Theodora Gaitas has begun arguments that, due to the number of pictures on his client’s computer, sentencing based on the number of photographs would land Bertsch in prison for an excessive duration.

“We're talking about an age where these images can be very easily downloaded, thousands at a time,” Gaitas said in his argument. “Treating the images of particular children as victims opens the door to very dramatic sentences, such as the sentence in this case where Mr. Bertsch is serving six-and-half years.”

However Justice Helen was not immediately convinced.

“The fact that it's easy to buy something doesn't make it less criminal,” she said.

Gaitas responded that his client did not actually create the pictures in question, an important distinction he said the court should not forget.

“The court must focus on what the actual conduct was in determining what is an appropriate sentence,” Gaitas said. “Is it really appropriate to permit a separate sentence for each of the offenses, merely by virtue of the fact that a different child is portrayed in each image?”

Assistant Ramsey County Attorney Jeanne Schleh has argued that it is.

“The mere existence of an image invades the privacy of that child,” she said. “It's an ongoing event, perpetuated every time it's passed on to a new possessor.”

The Minnesota Supreme Court is expected to rule on the case before the end of the current term.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

FSC Releases Updated Age Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems to prevent access by users under 18.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

Show More