Possession of Child Pornography Lawyers | Wisconsin Defense Attorneys

Accusations of possession of child pornography are very serious.  The consequences that can follow a conviction for this sort of crime can stay with you for life.  In addition, charges involving the possession of child pornography can often lead to a requirement to register as a sex offender.  If you are accused or charged with possession of child pornography it is important that you contact an attorney immediately to discuss your situation as the consequences can be very serious if the situation is not approached responsibly.  Due to the fact that possession of child pornography cases are often linked in some way to the internet, it should be considered whether or not some sort of internet crime is involved.  Internet crime or "cyber crime" can involve the addition of any number of charges if the internet is involved in a possession of child pornography case.  

If you've been charged with a sex crime the attorneys at the Birdsall Law Offices located in both Milwaukee, WI and Green Bay, WI are ready to defend and protect you. Sometimes, what may be considered by one person to be consensual sex results in a criminal charge for date rape. Or, viewing a particular website – no matter a person's knowledge or intentions – leads to multiple charges for possession of child pornography. Sex crimes carry a lifetime of consequences and ruin more than just your reputation In addition to your liberty, you can lose your job, marriage, and children. People convicted of sex crimes can be publicly identified as a sex offender and, in most communities, can be forced to move. The criminal defense lawyers at Birdsall Law Offices defend people facing the fear and uncertainty that comes with being accused of any type of sex crime. Please contact us to call or email our law office in either Milwaukee or Green Bay today for a free consultation to learn how we can defend and protect you.

See our notable cases for just a few of the results we have gained for our clients at Birdsall Law Offices.

The State must prove 2 elements:

1. That you possessed a "recording" (which includes undeveloped film, photographic negatives, photographs, motion pictures, videotapes, images on a harddrive or computer printouts)

2. The recording showed a "child" engaged in "sexually explicit conduct"

In addition, the statute requires that the following elements be met:

1. That you knew you possessed the materials

2. That you know the "character and content" of the material

3. That you "knew or reasonably should have known" that the person in the material was under 18.

There are many defenses to such a charge, particularly with regard to digital images because they are so easily manipulated that even experts are unable to determine if the images have been altered. For example, what appears to be a child could be an adult whose breasts have been reduced/eliminated, hips slimmed and facial features altered (which can all be done with commercially available software).

Another defense is that the image does not show "sexually explicit conduct." Even in Wisconsin, "mere nudity" is not enough. There must be an unnatural focus on sexual regions and it must appeal to sexual tendencies. This is difficult to get past judges and juries who view any pictures of naked children as "explicit."Often, the defense of this charge hinges on the 4th Amendment to the United States Constitution questioning whether the search and seizure of the items in question was lawful. This is because the images are often contained on computers or found as hard copies in storage spaces.

> Wisconsin penalties for Possession of Child Pornography:

• 15 months prison maximum

• 3 years mandatory minimum (unless the court finds the public will not be harmed)