What Are Child Pornography Offenses in Wisconsin?

 Posted on November 16, 2023 in Criminal Defense

In the state of Wisconsin, child pornography offenses are taken very seriously, and they carry severe penalties for people who are convicted. The possession, distribution, or production of child pornography is considered a sex crime, and in addition to facing criminal penalties such as jail time and fines, an alleged offender may also experience other serious consequences, including damage to their reputation, difficulty finding employment or housing, the requirement to register as a sex offender, and more. In situations involving accusations of child pornography offenses, you will need an experienced attorney on your side as you defend against criminal charges.

Definition of Child Pornography

Under Wisconsin law, child pornography refers to any visual depiction of a child in which the child is engaging in conduct that is considered to be sexually explicit. These materials can include photographs, videos, digital images, or any other form of media. Conduct committed by a child that may lead to child pornography charges may include various acts such as actual or simulated sexual intercourse, masturbation, sadistic or masochistic abuse, or nudity.

A person may be charged with this offense if they knowingly possess this type of explicit material or access it on a computer or other device. If the person knew or reasonably should have had reason to know that the material involved depictions of one or more children engaging in sexual conduct and that the child engaging in this conduct was younger than 18 years old, they may face child pornography charges.

Possession, Production, and Distribution of Child Pornography

In Wisconsin, it is illegal to possess child pornography in any form. Possession refers to having control over any material containing child pornography on one's computer hard drive, an external storage device (such as a USB drive), or any other electronic device capable of storing data. The same penalties may apply if a person has accessed child pornography in the past, even if they did not store copies of images or videos.

Production and distribution of child pornography will result in more serious charges. In Wisconsin, the offense of sexual exploitation of a child involves persuading, coercing, enticing, or otherwise causing a child to participate in sexual conduct for the purpose of recording or displaying this conduct. This offense may also apply if a person reproduces, sells, distributes, promotes, or profits from child pornography or possesses child pornography with the intent of distributing it to others.

Penalties for Child Pornography Offenses

The penalties for child pornography offenses in Wisconsin are severe due to the nature of these crimes and the potential harm inflicted on minors. The severity of the penalties may depend on whether an offense involved the possession or distribution of child pornography, and the age of the alleged perpetrator may also be a factor.

Generally, charges related to child pornography are felony offenses in Wisconsin. Possession of child pornography is a Class D felony, and a person may face a sentence of up to 25 years in prison, as well as up to $100,000 in fines. However, if a person was below the age of 18 when they allegedly possessed child pornography, they may be charged with a Class I felony, and they could be sentenced to up to 3.5 years in prison and fined up to $10,000. 

Sexual exploitation of a child is classified as a Class C felony, with a prison sentence of up to 40 years and a fine of up to $100,000. If a person was under the age of 18 at the time of the alleged offense, they may be charged with a Class F felony, and they may face a sentence of up to 12.5 years and fines of up to $25,000.

Contact Our Waukesha County Child Pornography Charges Lawyer

Few things are more worrying than an accusation that you have committed a child pornography offense. In a situation such as this, Bucher Law Group, LLC can help you understand the steps you can take to defend against accusations that you have possessed or distributed these types of materials. Our experienced Ozaukee County sex crime defense attorney understands the seriousness of these allegations, and we will provide you with the strong legal representation you need, ensuring that your rights are protected. Contact us at 262-303-4916 to schedule a free consultation and receive effective, compassionate legal help.