Wisconsin’s Child Pornography Laws

Under Wisconsin law, possession of any kind of child pornography is a crime. The exact wording of the law states that it is illegal “possesses, or access in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances…”

There are three circumstances that define this crime, as laid out by Wisconsin code 948.12(1m)a – c:

(a) The person knows that he or she possesses or has accessed the material. This simply states that the person must physically possess the recording, be on a computer, smartphone or other device. It could also be a physical item like a photo or a negative of a photo.

(b) The person knows, or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct. Beyond possessing the recording, this circumstance posits that the person was aware of what type of content they possessed.

(c) The person knows or reasonably should know, that the child depicted in the material who is engaged in sexually explicit conduct has not attained the age of 18 years. Adding to the previous circumstance, this leaves little doubt as to the type of content in question.

What’s important to know is that the prosecution needs to prove each of those three circumstances beyond a reasonable doubt to convict someone of breaking child pornography laws. The highest standard of proof that exists in the legal system, beyond a reasonable doubt requires the utmost proof and the strongest evidence to alleviate any doubt and ensure total certainty in jurors’ minds of the defendant’s guilt.

The Consequences of a Child Pornography Conviction

There are essentially three ways that a person convicted of child pornography will be punished. There will be the initial prison time, but beyond that there will be a permanent mark on their criminal record and mandatory registration as a sex offender.

Prison Time: Under Wisconsin law, possession of child pornography is considered a Class D felony. As such, it carries a prison sentence that includes 15 years of initial confinement followed by 10 years of extended supervision. The length of that initial confinement will be determined partially by the circumstances of the case and partially by the number of counts. Wisconsin law requires a three-year prison sentence for each count.

Criminal Record: Even after finishing a prison sentence, those convicted of possession of child pornography will have a mark on their criminal record that will last for life. This can have a massive impact on their ability to secure employment or housing, pursue an education or professional licensure or maintain custody of children. In addition, certain civil rights will be forfeited and they will carry a social stigma within their community.

Registration as a Sex Offender: Wisconsin law requires anyone convicted of possession of child pornography to register as a sex offender. As a registered sex offender, they will be ineligible for certain types of employment and disqualified from living in certain areas.   You will also be required to inform the government where you live, the characteristics of your appearance, and other personal information that will be made public.

From there, it’s a matter of determining the best defense for your situation. One possible defense, “unintended possession,” posits that you didn’t intend to come into the material in question and may not have been aware of its presence. This defense proves your innocence by exploring the myriad ways a file could have made its way onto your device without your knowledge or consent, either through an unsecured or shared network or through the work of computer hackers or as a malicious act of extortion.

This is one of the more common defenses, but it is far from the only one. You may have been falsely accused. You may have been lured by undercover law enforcement; a tactic known as entrapment. You may have unknowingly or unintentionally downloaded the material in question. In some cases, it can be shown that the subjects depicted were over the age of 18.  In addition, our firm often challenges the warrants or warrant procedure in these cases. There are numerous ways to do so, and if a suppression motion is granted, these cases can be dismissed or amended.

Schedule a Consultation Today

There are numerous ways to prove your innocence in a court of law, but they all start with an investment in yourself. By scheduling a no-obligation consultation, you begin a process that puts you under the protection of Tracey Woods and Associates. Under the tenets of attorney-client privilege, you will enjoy confidentiality in strategizing your defense, ensuring a rock-solid approach that increases the likelihood of a favorable verdict.

At Tracey Wood and Associates, we put our focus on your freedom. Your freedom from spending years of your life incarcerated. Your freedom from a lifetime on the sex offender registry. Your freedom from the major challenges that a child pornography conviction leaves on your criminal record. It’s a focus that has helped us amass a track record of case wins and a wealth of satisfied clients. Look at our case wins and our positive reviews online, then call today to schedule a free no-obligation consultation.