Defining Child Pornography in Wisconsin
Under Wisconsin law, child pornography is any film, negative, photo, movie, videotape or other recording of a child engaged in sexually explicit conduct.
The term child refers to any person under the age of 18 at the time the recording was made.
Can You Get in Trouble if You Don’t Know?
In order for you to be found guilty of a child pornography offense in Wisconsin, you must know that you have (or that you’ve accessed) the material. You must also know – or you should reasonably know – that the material depicts a minor engaging in sexually explicit conduct.
The prosecution must prove that you knew what you had in your possession; if they can prove that, you can be convicted of possession or distribution of child pornography.
What Should You Do if You’re Caught With Child Pornography in Wisconsin?
Your lawyer will ask you several questions, and it’s important that you answer specifically. That’s because your attorney will begin building your defense based on the answers you give; he or she will evaluate your entire case and create a strategy that helps you get the best possible outcome under Wisconsin law.
Law enforcement all over the state, as well as those on a national level, have been known to set up “stings” in which they attempt to catch people involved in possession or distribution of child pornography. The number of cases the FBI opened between 1996 and 2005 increased more than 2,000 percent – so it’s not uncommon for people to be caught in these types of operations.