Possession of Child Pornography
Section 948.12(1m) of the Wisconsin Criminal Code provides that the Possession of Child
Pornography is a Felony. In recent years, due to the explosion of the internet, there has been a
significant increase in the number of Wisconsin Criminal charges pursuant to this statute. The
elements that the State would need to prove to convict a person under this section are:
- The Defendant possessed a recording.
- The recording showed a child engaged in sexually explicit conduct.
- The Defendant knew that the recording showed a person engaged in actual or simulated
sexually explicit conduct.
- The Defendant knew or reasonably should have known that the person in the recording
engaged in sexually explicit conduct was under the age of 18.
These charges can be very serious. There are many issues to explore and investigate including
prior ownership of a computer, and the actually user of the computer. It is important to
investigate these cases thoroughly and defend them aggressively.