Possession of Virtual Child Pornography Lawyer in Wisconsin
Charged under Wis. Stat. § 948.125 for possession of virtual child pornography? Call today for a free, confidential consultation.
What the Law Says About Possession of Virtual Child Pornography in Wisconsin
Wisconsin criminalizes possession of virtual child pornography under Wis. Stat. § 948.125, a statute that applies to obscene material depicting a purported child engaged in sexually explicit conduct. Unlike traditional child pornography cases, this law does not require proof that an actual child was involved. Instead, the statute focuses on whether the image appears to depict a minor and whether it qualifies as legally obscene.
Virtual child pornography cases frequently involve computer-generated images, altered photographs, digital artwork, or other synthetic media. As a result, these cases often raise complex legal questions about how images are classified, how obscenity is determined under constitutional standards, and how digital material is interpreted by law enforcement and forensic examiners. The distinction between lawful expression and criminal conduct is often highly fact-specific.
At Chirafisi Anderson, S.C., we represent individuals charged with sex crimes including under § 948.125 throughout Wisconsin. Our work in these cases centers on careful statutory interpretation, constitutional limits on obscenity prosecutions, and close scrutiny of how digital images are identified, analyzed, and characterized during an investigation.
What the State Must Prove for Possession of Virtual Child Pornography in Wisconsin
To convict a person of possession of virtual child pornography under Wis. Stat. § 948.125, the State must prove each required element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 2146C.
Under Wisconsin law, the State must prove the following:
- The defendant knowingly received, distributed, produced, possessed, or accessed with intent to view the material.
- The material qualifies as obscene under Wisconsin law, meaning it appeals to the prurient interest, is patently offensive under contemporary community standards, and lacks serious literary, artistic, political, educational, or scientific value.
- The material contained a depiction of a purported child engaged in sexually explicit conduct.
- The defendant knew or reasonably should have known both the nature of the material and that it depicted a purported child.
Each of these elements presents distinct legal and factual issues. Disputes often arise over whether material is truly obscene, whether it depicts a “purported child” as defined by statute, and whether the State can prove the defendant’s knowledge and intent. These requirements make § 948.125 cases highly technical and frequently defensible when examined carefully.
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Penalties and Sentencing for Possession of Virtual Child Pornography in Wisconsin
Possession of virtual child pornography under Wis. Stat. § 948.125 is a felony offense under Wisconsin law.
- Class D Felony (adult defendants):
- Up to 25 years imprisonment
- Up to $100,000 fine
- Class I Felony (defendants under 18 at the time of the offense):
- Up to 3.5 years imprisonment
- Up to $10,000 fine
Mandatory Minimum Incarceration
Wisconsin law also imposes a mandatory minimum sentence for this offense. Under Wis. Stat. § 939.617, a conviction for possession of virtual child pornography carries a mandatory minimum of three years of initial confinement, unless a narrow statutory age-difference exception applies. Whether that mandatory minimum applies is determined at sentencing based on the specific facts of the case.
$500 Per-Image Surcharge Applies to § 948.125
A conviction for Possession of Virtual Child Pornography under Wis. Stat. § 948.125 is subject to the mandatory $500 surcharge per image imposed by Wis. Stat. § 973.045(1r).
In addition to incarceration and fines, a conviction may result in sex offender registration and other long-term collateral consequences under Wisconsin law.
Common Scenarios Leading to Virtual Child Pornography Charges
Charges under Wis. Stat. § 948.125 often arise from how digital material is discovered, categorized, or interpreted during an investigation rather than from traditional possession of photographs involving real children. Common scenarios include:
- Computer-generated or AI-created images discovered during a forensic review of a computer, phone, or cloud account.
- Digitally altered or manipulated images where the State alleges a real image was modified to appear to depict a minor.
- Animated, illustrated, or graphic artwork that law enforcement claims meets the statutory definition of obscene material.
- Cached or automatically stored files identified during execution of a search warrant, even when the user did not intentionally save them.
- Shared devices or accounts, including family computers or cloud storage, where ownership or control of the material is disputed.
- Online browsing activity interpreted as “accessing with intent to view,” based on browser history, thumbnails, or temporary files.
These cases frequently turn on how images are classified and whether the defendant knowingly accessed or possessed material that meets the statute’s narrow definitions. Context, intent, and digital forensic interpretation often play a central role in determining whether criminal liability exists.
Defenses and Legal Strategies in Virtual Child Pornography Cases
Defending a charge of virtual child pornography requires careful attention to statutory definitions, constitutional limits, and the technical details of how digital material is identified and analyzed. These cases are often defensible because the law applies only to a narrow category of material and conduct.
Common defense strategies include:
Virtual child pornography prosecutions often depend on technical assumptions and forensic interpretation, early defense involvement is critical to identifying weaknesses and limiting exposure.
Why Hiring a Virtual Child Pornography Defense Lawyer Matters
Charges under Wis. Stat. § 948.125 turn on narrow statutory definitions, constitutional limits on obscenity prosecutions, and highly technical digital evidence. How images are classified, how they were accessed or stored, and what the State claims a defendant knew at the time are often the central issues in these cases, not assumptions about wrongdoing.
Early defense involvement is critical to challenging overbroad interpretations of digital material, disputing claims of knowledge or intent, and addressing search-and-seizure issues before they drive charging decisions. Focused legal analysis at the outset can significantly affect exposure, resolution options, and long-term consequences.
Contact Chirafisi Anderson, S.C.
A virtual child pornography charge is a felony offense that carries mandatory minimum sentencing exposure and long-term consequences. These cases turn on technical legal definitions, obscenity standards, and digital evidence—issues that must be addressed early. Contact Chirafisi Anderson, S.C. to schedule a free, confidential consultation. We will review the charge, explain your exposure, and begin protecting your rights.