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David Martinez arrested, jailed for revenge porn

David Martinez was arrested somewhere near to his office in downtown St. Paul on Monday.

David Martinez was arrested somewhere near to his office in downtown St. Paul on Monday. Youtube

Those wondering (or worried) about David Martinez's whereabouts following his bizarre public behavior this month have their answer

He's in jail.

The St. Paul City Council candidate was arrested "without incident" by St. Paul Police on Monday morning, according to department spokesman Steve Linders, who gave the time and location of Linders' arrest as 7:30 a.m. on the "80 block of East Seventh Place." That would put Martinez near the Minnesota Department of Health building in downtown St. Paul.

Martinez worked out of that building, as does his wife, who filed a restraining order against the city council candidate last week, alleging he'd physically assaulted her on July 4.  In response to that order for protection -- which mandated that he stay away from his wife and their home -- Martinez published a topless photo of his wife on his campaign website.

The campaign site has since been removed by Wordpress, a move the publishing company made at the behest of St. Paul Police, according to Linders, who says an investigator contacted Wordpress about the photo after learning of the blog on Saturday.

"Investigators are working to determine whether there are other images on the internet," Linders says, "and will be working to have them removed if they are found."

Martinez has accumulated a file of St. Paul police reports featuring his name during this month: the alleged domestic assault against his wife occurred on July 4; the following day, Martinez was kicked out of the St. Paul Public Library, and cops received a complaint of a "disorderly conduct," which described Martinez, 38, repeatedly yelling "fuck you" at two library employees.

The day after that, Martinez's actions extended to Minneapolis, with a similar incident at Target Field.

Then, over this past weekend, came complaints that Martinez had both violated his wife's order for protection "via the Internet," and committed the "nonconsensual dissemination of private sexual images."

It's the latter offense that Martinez has been arrested and held for in Ramsey County Jail. Minnesota's revenge porn statute comes with a maximum penalty of three years in prison and/or a $3,000 fine. 

The statute explicitly says it is not a defense against the law to claim the subject of the sexual material consented to the image(s) being recorded or possessed in the first place.