Child Pornography Charges in Wisconsin – What You Need to Know

Arrest for burglary charges in Wisconsin can affect every part of your life, including your freedom, finances, and reputation. Burglary convictions can bring severe penalties under Wisconsin law, and even an accusation can cause lasting personal and professional harm.

Knowing your rights and acting quickly after an arrest can affect the outcome of your case. It's important to understand burglary laws in Wisconsin and the imporantance of securing skilled legal defense.

In Wisconsin, child pornography offenses are found in the chapter that covers crimes against children. It is illegal to possess or access, with intent to view, any type of recording or depiction of a child under the age of 18 engaged in sexually explicit conduct. The law requires that the person:

• Know they have possessed or accessed the material
• Know (or should reasonably know) that the material contains sexually explicit conduct
• and know (or should reasonably know) that the person in the material is younger than 18 years old. 

The law also prohibits exhibiting or playing any type of recording of child pornography. 

Potentially, yes. Wisconsin has a law making the possession of Virtual Child Pornography illegal. Virtual Child Pornography is defined as possessing obscene material that includes a depiction of a “purported child” engaging in sexually explicit conduct. The term “purported child” means that it appears to be a real child but may not actually be real. This would include images generated by Artificial Intelligence or other methods. 

What Are the Penalties Related to Child Pornography?

The penalties for possessing Child Pornography are harsh. Prison is mandatory, and the requirement to register as a sex offender can significantly impact a person’s life.  Penalties can also increase for distributing child pornography or engaging in child exploitation, which includes creating child pornography. Beyond the criminal penalties, the collateral consequences of a conviction can be life-altering. Losing standing in the community and among family and friends can be devastating.

At Nelson Defense Group, we understand how overwhelming a charge of Child Pornography can be. We are here to listen to your story and work with you to defend your life and reputation.

Why Are Child Pornography Cases Complicated?

Child Pornography cases can be complex and regularly require experts to look at the material in question to determine whether it meets the requirements of the statute. 

Child pornography cases frequently begin because material is flagged by an agency looking for specific files across the internet. When they seize and search devices for prohibited files, they often download enormous amounts of material. Going through these downloads can be a difficult and time-consuming process, and sometimes requires technical assistance to make sure they have been reviewed correctly.

Experts are also frequently needed to determine whether someone has accessed or possessed the material. Computer experts can give opinions about whether someone took any steps to view, download, save, or send files.

It is critical to hire a criminal defense attorney who not only has experience defending child pornography cases, but also has access to the experts you need to make sure the material in question has been thoroughly reviewed and examined, and all possible defenses considered.

What Are Possible Defenses to Possessing Child Pornography?

When determining a strong defense for Child Pornography cases, an attorney might ask:

• Was the Material Accessed? Once the alleged child pornography materials are reviewed, it often takes an expert to determine whether the material was accessed or manipulated by the person in possession of the device. 

• Is it a Child?  Appearance alone is not a totally accurate way to determine the age of an individual. This is especially difficult if the child is created virtually. 

• Is it Sexually Explicit? Nudity alone is not enough; the law requires that the child be engaged in sexually explicit conduct. Whether an image shows a child engaged in sexually explicit conduct should be questioned and challenged in every case.

• Was the Search Conducted Legally?  Privacy in our personal devices is more critical than ever in today’s world. We rely on devices in every facet of our life and a search is an incredible intrusion on our privacy and security. Every effort must be made to challenge cases where a search was conducted in a way that violates rights to privacy.

At Nelson Defense Group, we have a team of experienced attorneys prepared to listen to your story and get to work for you. We have handled many Child Pornography cases across the state of Wisconsin and have the experience and experts you need to build the best defense possible. We know the stakes are high, and we will work with you to defend your life and reputation. 

Any arrest or charging of Child Pornagraphy in Wisconsin can impact your freedom, career, and reputation. This article explains how Wisconsin law defines Child Pornography, what the possible penalties are, the implications of virtual and AI child pornography, and how a skilled attorney can help protect you. By remaining silent, securing prompt legal representation, and working with a knowledgeable defense lawyer, you can defend against allegations and seek the best possible resolution.

Contact Nelson Defense Group today for a free consultation and start building a strong defense. Our team is here to stand up for your rights and advocate for your future.