Charged With Possession of Child Pornography in Wisconsin?
In order to be found guilty of possession of child pornography, the state must prove three elements beyond a reasonable doubt. First, that you know you possess or have access to the material. Second, that you know or reasonably should know that the material contains depictions of sexually explicit conduct. Third, that you know or reasonably should know that the child depicted in the material engaging in the sexually explicit conduct is under the age of 18. In Wisconsin, possession of child pornography is a class D felony; however, if you are under the age of 18 when you engage in the conduct, the offense is dropped to a class I felony. One way to defend against a possession of child pornography charge is to prove that you did not know that you were in possession of the material. A second defense is that it was not reasonable for you to know and you did not know that the materials contained sexually explicit conduct. A third defense is that it was not reasonable for you to know and you did not know that the child depicted in the material engaging in the sexually explicit conduct was under the age of 18.
