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Consequences for Possession of Child Pornography in Wisconsin
Wisconsin takes child pornography charges seriously and does not often grant leniency to those who have been accused of these types of crimes. A conviction of this nature can affect every aspect of your life, including where you live, who will hire you, and who will associate with you. It is important to fight these charges as aggressively as possible.
The Wisconsin Child Pornography Possession Law
Under Wisconsin law, possession of child pornography is defined as possessing or accessing any material depicting a child engaging in sexually explicit conduct. The law requires that the accused have the intent to view such an image. The law applies to any developed or undeveloped film, photographic negatives, photographs, motion pictures, videotapes, or other recordings.
The law specifies that the accused must:
- Know that he or she possesses or has accessed the material;
- Know, or reasonably should know, that the material contains depictions of sexually explicit conduct; and
- Know, or reasonably should know, that the child depicted in the material who is engaged in sexually explicit conduct is under the age of 18.
Possible Sentences for Child Pornography Possession in Wisconsin
If the person convicted is 18 or older at the time of the offense, he or she is guilty of a Class D Felony, which is punishable by imprisonment of up to 25 years, a fine of up to $100,000 or both.
If the person convicted is under the age of 18, he or she is guilty of a Class I felony, which is punishable by imprisonment of up to three years and six months, a fine of up to $10,000 or both.
A person convicted of child pornography possession may also be required to join the sex offender registry.
Defenses to Child Pornography Accusations
If you have been charged with possession of child pornography, you may have more options for defense than you realize. First, there may be an issue with how police came to know that you were in possession of the contraband material. Perhaps the search that the officers conducted or the questions they asked you were unconstitutional.
In addition, the law requires that the accused know that they were in possession of the pornography that contained minors. The state must prove this element beyond a reasonable doubt, which is a very high standard under the law. This may not always be apparent in every case, and where appropriate, a defense attorney will set forth facts and arguments that may cause a jury to doubt that the accused had the requisite knowledge. Any possible defense will be best presented by a lawyer with a thorough understanding of the Wisconsin child pornography laws as well as general criminal law principles.
Retain a Milwaukee Child Porn Possession Attorney
Being accused of child pornography possession is something you should take seriously. The attorneys at Gimbel, Reilly, Guerin & Brown, LLP provide individualized representation for our clients, ensuring that you always understand the status of your case and your best options at any point in time.
Our team of accomplished Milwaukee, WI criminal defense lawyers will fight hard to protect your constitutional rights and advocate for you in court. Call us today at 414-271-1440.
Source:
https://docs.legis.wisconsin.gov/statutes/statutes/948/12
