Madison WI Possession of Child Pornography Lawyer Attorney

Possession of child pornography is either a Class D or I felony in Wisconsin, depending on the age of the accused.  If the accused is an adult, possession of child pornography in Wisconsin is a Class D felony, punishable by 25 years prison or up to a $25,000 fine.  If the accused is under age 18, possession of child pornography is a Class I felony under Wisconsin law, punishable by up to 3 years 6 months prison and up to a $10,000 fine.  Keep in mind that possession of child pornography also violates the federal criminal law and subjects a person to federal criminal prosecution as well.  The crime of possession of child pornography is defined under the Wisconsin law as follows: 

(1m) Whoever possesses 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 may be penalized under sub. (3):

(a) The person knows that he or she possesses the material.

(b) The person knows the character and content of the sexually explicit conduct in the material.

(c) The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.

(2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, may be penalized under sub. (3):

(a) The person knows that he or she has exhibited or played the recording.

(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.

(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.

(3)(a) Except as provided in par. (b), a person who violates sub. (1m) or (2m) is guilty of a Class D felony.

(b) A person who violates sub. (1m) or (2m) is guilty of a Class I felony if the person is under 18 years of age when the offense occurs.

Where any sex crime is alleged, it is not unusual for a law enforcement officer to attempt to speak with the accused without an attorney.  You might think that there is no harm in answering a few questions, but you will likely live to regret it if you talk about the case without first consulting a qualified sex crime defense attorney.  Remember, anything that you say or write may be used against you.  The stakes are almost always very high in this sort of case, so it is not a good time to test your luck.  Many sex crime cases end up as “your word against her word,” particularly on the question of consent.  In this situation you need a law firm willing to investigate the alleged victim’s background and motive to lie.  You also need a sexual assault defense lawyer experienced in cross-examination.  Criminal defense lawyer Robert T. Ruth has almost 20 years of experience in these matters.