Sounds like one is a lesser included offense.
So unless I'm misreading the statute, the prosecution is pleading in the alternative. (And I could be, I literally just read it now without even thinking about it. But it seems the misdemeanor variant and the felony variant have exactly the same elements shared, but the felony requires some others.)
Aaron may have to do probation for a year or so, but Nick is FOREVER a SELF-CONFESSED CUCK AND A *SNITCH BITCH*.
That might apply if you're a member of the general public, encountered the picture in public, and then reshared it, much as we have the gunting of Faith on here somewhere, I think, but if you're the person who actually took it in supposed confidence, that might not matter. I'm not going to say for sure because Minnesota's statute seems extremely broad and I don't know if courts have established its outer limits yet.