Finding out you are under investigation for internet pornography crimes is one of the most disorienting moments a person can experience. The fear sets in fast. You may not even be sure what the investigation covers, who is running it, or how serious the situation actually is. We have worked with people across North Dakota who were caught completely off guard when law enforcement came knocking. The one thing that separates clients who navigate this well from those who make things significantly worse is this: getting qualified criminal defense representation before saying a single word to investigators.
What These Investigations Actually Look Like
Online pornography investigations in North Dakota rarely begin with a knock on the door. They tend to start quietly, sometimes months before you are ever aware of them. Law enforcement agencies in this state operate through coordinated networks. The North Dakota Bureau of Criminal Investigation operates the North Dakota Internet Crimes Against Children Task Force, commonly called the ICAC Task Force, which includes state and local investigators, prosecutors, and forensic specialists all working together. Federal agencies like Homeland Security Investigations also operate actively in this state, and cases across North Dakota can resulted in federal charges.
The ICAC Task Force conducts both proactive and reactive investigations, meaning investigators may be monitoring online activity well before any contact with a suspect. Digital evidence can be gathered from IP addresses, email accounts, peer-to-peer file sharing networks, and cloud storage. By the time investigators execute a search warrant at a residence, they have often already spent considerable time building a case. We have seen situations where clients had no idea anything was happening until agents arrived at the door with a warrant and seized every electronic device in the home.
When investigators arrive with a warrant and start asking questions, the natural human instinct is to explain, to clarify, to prove you are cooperative. That instinct can cause serious harm to your case. You have the right to remain silent.
State Law and Federal Law Both Apply Here
North Dakota law addresses possession, distribution, and creation of illegal sexual content involving minors. The state’s criminal code treats possession of child pornography as a serious felony offense carrying significant prison time and substantial fines. And the North Dakota Legislature has continued to expand this legal landscape. During the 2025 session, lawmakers passed new regulations addressing deepfake pornographic content and non-consensual sexually explicit images, adding both criminal and civil liability for that conduct.
But state charges are only part of the picture. Federal law also covers receipt, possession, distribution, and production of child sexual abuse material, and federal penalties can be severe. Federal penalties can include years in federal prison and supervised release.
This overlap between state and federal jurisdiction creates genuine complexity. In some situations, a person may face charges in both systems. In others, federal prosecutors may take the lead entirely. Which direction a case goes can depend on factors like the volume of material involved, whether distribution occurred, and which agencies conducted the investigation.
Sex Offender Registration Is a Long-Term Consequence
Conviction for certain internet pornography offenses in North Dakota carries a consequence that extends well beyond any prison sentence. North Dakota law requires registration as a sex offender for convictions of qualifying offenses. The length of that registration depends on a risk level assigned by the state’s Sex Offender Risk Assessment Committee, which reviews criminal history, psychological evaluations, and other records.
Registration affects where a person can live, how often they must report to law enforcement, and how much information becomes publicly available. High-risk offenders, for example, are prohibited from residing within 500 feet of a school. Registration requirements apply regardless of whether the conviction was at the state or federal level, and failure to comply with registration requirements is itself a criminal offense carrying mandatory jail time under North Dakota law.
What You Should Do Right Now
If investigators have contacted you, executed a search warrant at your home or workplace, seized your devices, or if you have any reason to believe you are under investigation, a few things matter immediately.
Do not speak with investigators without an attorney present. This applies even if you feel the situation is a misunderstanding, even if you believe you have nothing to hide, and even if investigators suggest that cooperation will help you. Statements made during an investigation can be used against you, and the framing of those statements matters in ways that are not always obvious in the moment.
Do not attempt to delete files, accounts, or communications. Destruction or alteration of potential evidence can result in additional criminal charges that are separate from the underlying investigation. This is a mistake we have seen create serious complications for people who were otherwise in a defensible position.
Contact an attorney as soon as possible. The earlier in the process you have legal guidance, the more options remain available. Waiting until charges are formally filed narrows the range of potential strategies considerably. In our experience, clients who reach out early give their defense team the most room to work.
The Investigation Phase Is Not the End
Being investigated is not the same as being charged. Being charged is not the same as being convicted. These are distinct stages, and each one presents different opportunities for an effective defense. Digital evidence in internet pornography cases can be challenged on multiple grounds, including questions about how evidence was obtained, whether search warrants were properly issued and executed, chain of custody issues with seized devices, and whether the material in question meets the legal definitions required for prosecution.
The legal standards for digital evidence are still developing, and courts continue to wrestle with questions about what law enforcement can and cannot do in online investigations. More precisely, the strength of a digital evidence challenge depends heavily on the specific facts of how the investigation was conducted, which is another reason why early legal involvement makes a difference.
North Dakota cases involving internet pornography charges are handled in both state district courts and the U.S. District Court for the District of North Dakota. The procedural landscape varies between those venues, and strategy in one may look different from strategy in the other.
Facing This Situation Is Hard. You Do Not Have to Navigate It Alone.
We understand that people facing these investigations are often dealing with enormous stress, uncertainty, and fear about what comes next. We also understand that the legal process in these cases moves on its own timeline, often much faster than people expect once formal charges are filed. Getting informed and getting represented early is the most protective step available to you right now.
At Bolinske Law Firm, we serve clients across North Dakota facing serious criminal charges, including internet-based offenses. If you or someone you care about is under investigation or has been contacted by law enforcement regarding online activity, we encourage you to reach out to us as soon as possible. Early consultation can make a meaningful difference in how a case develops, and we are here to help you understand your options.