Criminal accusations of child pornography are frequently made in Wisconsin, but proving Birdsall's clients are guilty of possession is quite another matter. Attorney John Birdsall has spent years studying sexual assault and child pornography laws, defending people accused of sex crimes and strategically mastering defenses resulting in acquittals (not guilty verdicts).
If you have been accused of possessing child pornography, please contact Birdsall Law Offices immediately for a free initial consultation to discuss your case.
Child Pornography Laws in Wisconsin
Wisconsin law prohibits the possession of child pornography. Unfortunately, people who view pornographic websites are often unaware of the ages of the models. Even a quick view will result in images being saved to the viewer's computer in an area called "temporary Internet files" and on the computer's scratch disk (the unallocated portion of a hard drive). Consequently, the files remain even after the temporary files are deleted. If those types of files exist, the prosecuting attorney is sure to enter them into evidence at a criminal trial.
A successful defense to charges for possession of child pornography rests with the passionate commitment of your criminal defense attorney to go after the complex constitutional challenges, as well as the defenses often used in these cases. At Birdsall Law Offices, you can count on the attorneys to take on the immense challenges presented by the prosecuting government.
Proving the crime of possession of child pornography
In order for the prosecution to obtain a conviction (guilty verdict) in a child pornography case, the prosecuting attorney must prove each element of the crime of possession of child pornography beyond a reasonable doubt. The elements of the crime are listed below.
That the accused knowingly possessed an article of child pornography (video film, photographs, pictures, etc.), as it is defined in § 948.12 of Wisconsin Criminal Code.
That the article of child pornography showed a child engaged in sexually explicit conduct. A child is a person who has not attained the age of 18 years.
That the accused knew that this article of child pornography showed actual or simulated sexual act.
That the accused knew, or reasonably should have known, that the person shown in this article of child pornography, who is engaged in a sexually explicit conduct, had not attained the age of 18 years.
Attorney John Birdsall has become one of the leading criminal defense attorneys that represents people against criminal child pornography charges. Wisconsin criminal defense and trial lawyer, Attorney John A. Birdsall, and the criminal defense team at Birdsall Law Offices stand ready to protect your rights and defend you against accusations and charges involving possession of child pornography.
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
