The Internet continues to be an ever-evolving space where people go to get things done. Pay bills, seek entertainment, and chat with friends. However, there are dark corners of the Internet that harbor illegal material. Increasingly, state and federal law enforcement agencies are employing cybercrime detectives to track down individuals who seek and distribute this material, especially child pornography.
You may be worried about what comes next if you have been arrested for or charged with possessing or distributing child pornography. Is your freedom at stake? What about your reputation and livelihood? Almost nothing is as stigmatizing as being saddled with the label “sex offender” or “child pornographer.”
At Hart Powell, S.C., our dedicated Milwaukee internet sex crimes attorneys want to help you defend your name and protect your rights. Now is not the time to try to explain yourself or argue your case to the police. Now is the time to get immediate and effective legal representation on your side. Internet sex crimes involving minors carry severe criminal penalties. They are also incredibly damaging to a person’s personal and professional reputation.
For help building a strategic defense plan, call Hart Powell, S.C. at (414) 271-9595 for a confidential consultation today.
Wisconsin Child Pornography Laws
Possession or distribution of child pornography is prohibited under Wisconsin law. What constitutes child pornography? Technically, the state considers any material that depicts children or minors engaged in sexual or explicit acts as child pornography. Common examples of illegal material include:
- Undeveloped film
- Photographs
- Videos
- Photographic negatives
- Movies
- Other recordings
Prosecuting an individual for possessing or distributing child pornography takes evidence. It must be established that the individual:
- Knowingly possesses or has accessed the illegal material
- Knows or should have reasonably known that the material contained graphic depictions of explicit sexual content
- Knows or should have reasonably known that the individual depicted engaging in the sexually explicit conduct depicted in the material was under the age of 18
Wisconsin’s child pornography laws also prohibit the exhibition or distribution of explicit materials depicting children or minors in sexual situations. To potentially face serious legal consequences, an individual must:
- Know that they exhibited or played a sexually explicit recording
- Know before playing the recording that the content of the recording was sexually explicit
- Know or should have reasonably known that it was a minor or child under 18 depicted engaging in sexually explicit conduct in the recording before it was played
Penalties for Possession or Distribution of Child Pornography
The criminal penalties for child pornography vary depending on the age of the convicted individual. A person may face a Class D felony charge or a Class I felony charge. If an individual is 18 years or older when they allegedly committed the offense, they will generally face the more significant Class D felony charge. If an individual is under 18, they can be charged with a Class I felony. The penalties for each offense are:
Class I Felony
- Fines up to $10,000
- Prison time up to 3 years
Class D Felony
- Fines up to $100,000
- Prison time up to 25 years
Individuals convicted of serious sex crimes and child sex offenses face a minimum mandatory sentence of three years behind bars. Convicted individuals may also be required to enroll in the Wisconsin sex offender registry.
Beyond the criminal penalties, many individuals convicted of sex crimes will have tremendous difficulty securing employment, housing, and regaining their financial stability. Individuals may also find it challenging to mend their personal and professional relationships. Close bonds can be destroyed by mere sex crime allegations, let alone a criminal conviction.
Do You Need an Internet Sex Crimes Attorney?
Yes. You need the help and resources that only a skilled internet sex crimes attorney can provide. Individuals facing child pornography charges face stigmatization like no other group. Under the law, everyone is innocent until proven guilty. However, people charged with internet sex crimes like child pornography can be vilified and judged before the facts of their case ever come to light. In the blink of an eye, you may feel like you have lost your friends, family, career, and financial stability.
An experienced child pornography defense attorney can help you reclaim a measure of control and fight the charges against you. Several defense strategies are viable. An experienced attorney can pursue the tactics that offer the best chance at protecting your freedom.
What Does an Internet Sex Crimes Defense Attorney Do?
First and foremost, a seasoned internet sex crimes defense attorney is supposed to protect your rights. An arrest is not the same as a conviction. You deserve powerful representation and to be treated fairly throughout the legal process.
As your attorney works to protect you, they will also be forging ahead with building a compelling defense strategy. Generally, an attorney will begin by investigating the circumstances of your unique situation. They will also closely examine how evidence was collected and how law enforcement treated you during your arrest. Scrutinizing these interactions can help a defense attorney build a strong case for getting the charges against you dismissed if your rights have been violated. A seasoned defense attorney will also craft a defense plan tailored to the unique merits of your case.
For over 20 years, the team at Hart Powell, S.C. has been aggressively fighting to protect the rights of individuals accused of criminal offenses. We know how damaging a child pornography accusation can be to your future. No matter how significant the allegations are, our legal team provides you with the advice you need to achieve the most favorable outcome possible for your situation.
Contact an Experienced Milwaukee Child Pornography Defense Attorney Now
Are you facing possession or distribution of child pornography charges? We understand it may be tempting to try and clear your name yourself. Before you talk to the police, speak with a skilled internet sex crimes defense attorney at Hart Powell, S.C.. Our criminal defense team is dedicated to standing up for you.
Call our Milwaukee office at (414) 271-9595 for a confidential consultation. We will walk you through what to expect from the process ahead and defend you in your time of need.