Possession of Child Pornography in Madison WI
Contact a Criminal Defense Attorney if you’re charged with possession of Child Pornography
Wisconsin has strict laws regarding the possession of child pornography that can entangle those accused in a difficult situation. It is crucial that anyone charged with possession of child pornography seek legal counsel immediately.
Wisconsin requires that the person charged knowingly possess the pornography. Possession includes physical possession, like having actual photographs, and it also includes more transitory states like viewing the pornography online. But the access and possession must be known.
So, if someone steals your WiFi and leaves cookies from unsavory sites on your ISP’s records, that would not necessarily mean you’d be charged if you could prove you didn’t know. However, if you did know — maybe a houseguest accessed the sites and you did nothing to stop him or her because you were unsure what to do — that would complicate matters.
The law is not very forgiving at all. For example, in 2016 Wisconsin authorities charged a 17-year-old teen with possession of child pornography because he had explicit photos and a video of his 15-year-old girlfriend on his phone. His girlfriend had sent them to him and knew about the video, and her parents were also supportive of the relationship and knew what was going on. Yet the mere presence of the material and the fact that he knowingly had it placed him squarely in the crosshairs of Wisconsin law.
What’s worse is that Wisconsin allows 17-year-olds to be charged as adults, so this teen may face much more severe sentencing. But even if the teen were not charged as an adult, he could face serious penalties. Possession of child pornography is considered a felony no matter the age of the accused.
If you have been accused of possessing child pornography in Wisconsin, contact Eisenberg Law Offices immediately. You need sound legal representation as your case proceeds.