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

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Show More