Possession of Child Pornography Lawyer in Wisconsin

Charged under Wis. Stat. § 948.12 for possession of child pornography? These cases involve serious felony exposure, mandatory minimum sentencing issues, and complex digital evidence. Call today for a free, confidential consultation.

(608) 250-3500

What the Law Says About Possession of Child Pornography in Wisconsin

Wisconsin law criminalizes the knowing possession of, or accessing with intent to view, recordings that depict a child engaged in sexually explicit conduct. Under Wis. Stat. § 948.12(1m), a person may be charged even if no image is permanently saved, downloaded, or printed, so long as the State alleges the person knowingly possessed or intentionally accessed the material.

The statute is focused on intentional conduct and does not criminalize accidental or passive exposure. Courts examine how possession or access is established, particularly in cases involving digital devices, shared accounts, or internet activity. Wisconsin law defines “recording” broadly, and disputes frequently arise over whether a person exercised control over the material or intentionally accessed it in a way that satisfies the statute.

At Chirafisi Anderson, S.C., we represent individuals charged with serious sex crimes including possession of child pornography throughout Wisconsin. These cases are often driven by technical interpretations of digital activity, device access, and knowledge, making early and precise legal analysis essential. Our defense focuses on testing whether the State can actually meet the strict statutory and evidentiary requirements imposed by § 948.12.

What the State Must Prove to Convict for Possession of Child Pornography

To convict a person of Possession of Child Pornography under Wis. Stat. § 948.12(1m), the State must prove each element beyond a reasonable doubt, as set forth in  Wisconsin Jury Instruction – Criminal 2146A.

Specifically, the State must establish that:

  • Knowing possession or access with intent to view: The defendant knowingly possessed a recording or accessed a recording in any way with the intent to view it.
  • Sexually explicit content involving a child: The recording depicted a child engaged in sexually explicit conduct as defined by statute.
  • Knowledge of content: The defendant knew or reasonably should have known that the recording contained sexually explicit material.
  • Knowledge of the child’s age: The defendant knew or reasonably should have known that the child depicted was under the age of 18.

Each element must be proven independently. Failure to prove any one of these elements requires acquittal.

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Penalties and Sentencing for Possession of Child Pornography in Wisconsin

Possession of Child Pornography under Wis. Stat. § 948.12(1m) is treated as a serious felony offense under Wisconsin law and carries mandatory sentencing consequences that are not present in many other criminal cases.

Felony Classification

  • Class D Felony
    • Applies when the defendant was 18 years of age or older at the time of offense.
  • Class I Felony
    • Applies when the defendant was under 18 years of age at the time of the offense.

Each image or recording may be charged as a separate count, and courts are permitted to impose multiple punishments when images are compiled or stored over time.

Maximum Penalties

For a Class D felony, a conviction carries exposure of:

  • Up to 25 years in prison
    • Potential mandatory minimum of 3 years of incarceration
    • Extended supervision following any term of confinement
  • Up to $100,000 in fines

For a Class I felony, the maximum exposure is lower, but still includes prison, extended supervision, and significant collateral consequences.

Mandatory Minimum Sentence Considerations

Wisconsin law imposes a mandatory minimum sentence for certain child sex offenses, including violations of § 948.12, unless a narrow statutory exception applies. Whether a mandatory minimum sentence must be imposed depends on factors such as:

  • The defendant’s age relative to the child depicted
  • The specific charging theory used by the State
  • Whether statutory exceptions under Wis. Stat. § 939.617 apply

These issues are highly technical and must be evaluated early, as they can substantially affect sentencing exposure and plea negotiations.

$500 Per-Image Surcharge Applies

A conviction for Possession of Child Pornography under Wis. Stat. § 948.12 is subject to the mandatory $500 surcharge per image imposed by Wis. Stat. § 973.045(1r).

Collateral and Long-Term Consequences

Beyond incarceration, a conviction for possession of child pornography typically carries:

  • Mandatory sex offender registration
  • Severe restrictions on employment, housing, and internet
  • Long-term supervision conditions imposed by the Department of Corrections
  • Permanent reputational and professional consequences

In some cases, qualifying convictions may also expose a defendant to lifetime supervision under Wisconsin law, depending on how the offense is charged and sentenced.

Common Scenarios Leading to Possession of Child Pornography Charges

Possession of child pornography charges often arise from digital evidence and investigative assumptions, rather than from direct observation or admissions. Many cases begin long before an individual realizes they are under investigation.

Common Scenarios include:

  • Possession of child pornography charges often arise from digital evidence and investigative assumptions, rather than from direct observation or admissions. Many cases begin long before an individual realizes they are under investigation.
  • Search warrants executed on computers, phones, or storage devices, sometimes following unrelated investigations
  • Cached or temporary internet files, where images are alleged to have been automatically stored by a browser
  • Access-based allegations, where the State claims images were viewed online even if no files were saved
  • Shared or multi-user devices, including family computers, work laptops, or shared cloud accounts
  • Old or inherited devices, where images predate the current user’s ownership or control
  • Recovered or deleted files, reconstructed through forensic software
  • Third-party access, including roommates, partners, guests, or unauthorized remote access

In many cases, the central dispute is not whether an image exists, but whether the State can prove knowing possession or intentional access under the statute.

Defenses and Legal Strategies for Possession of Child Pornography Charges

Possession of child pornography cases under Wis. Stat. § 948.12 frequently turn on knowledge, control, and intent, particularly in cases involving digital evidence. The State must prove far more than the mere existence of an image – it must establish that the defendant knowingly possessed or intentionally accessed the material while knowing its content and the age of the person depicted.

Common defense strategies include:

  • Lack of knowing possession – Automatic downloads, cached files, thumbnails, or temporary internet files may exist without a user’s knowledge or control.
  • No intent to view – Access-based allegations require proof that the defendant intentionally sought out and viewed the material, not that an image merely appeared on a screen.
  • Shared or unsecured devices – Multiple users, shared logins, family computers, or workplace devices can undermine claims of exclusive possession or control.
  • Control and dominion issues – The State must prove the defendant exercised control over the files or data, not just proximity to a device where images were found.
  • Knowledge of content – The statute requires proof that the defendant knew or reasonably should have known the material depicted sexually explicit conduct.
  • Age knowledge disputes – The State must also prove knowledge (or reasonable knowledge) that the person depicted was under 18.
  • Forensic reliability challenges – Digital evidence reconstruction, timestamps, file paths, and attribution errors can raise reasonable doubt.
  • Search and seizure violations – Invalid warrants, overbroad searches, or improper forensic examinations may support suppression of evidence.

These cases are often decided not by volume of evidence, but by whether the State can meet its burden on each statutory element, particularly scienter and control.

Why Hiring a Possession of Child Pornography Defense Lawyer Matters

Possession of child pornography charges carry some of the most severe consequences in Wisconsin criminal law, including felony exposure, mandatory minimum sentencing issues, sex offender registration, and long-term supervision implications. These cases are driven by technical statutory requirements and highly complex digital evidence, where early assumptions by law enforcement can significantly shape charging decisions and sentencing exposure. Prompt legal analysis is critical to identifying weaknesses in the State’s proof before those assumptions harden into permanent outcomes.

At Chirafisi Anderson, S.C., we provide focused criminal defense representation in possession of child pornography cases, including:

Local Experience Matters. We defend § 948.12 cases throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. We understand how local prosecutors approach digital forensic evidence, charging decisions, and sentencing recommendations in these cases.

Proven Track Record of Results. Our attorneys have successfully challenged allegations involving cached files, access-based claims, shared devices, and disputed knowledge or control, resulting in dismissals, reductions, and negotiated outcomes that limit long-term consequences.

Recognized Criminal Defense Advocacy. Attorneys at Chirafisi Anderson, S.C. are regularly recognized by Super Lawyers® and remain active in state and national criminal defense organizations, reflecting respected advocacy in complex felony cases.

Child Pornography Case Results

  • Possession of Child Pornography – Marathon County (February 2025)
    Result: Not Guilty by Reason of Mental Disease or Defect (NGI)

  • Child Pornography – Dane County (August 2022)
    Result: No Jail on Mandatory-Minimum Case

View Criminal Case Results from the Attorneys at Chirafisi Anderson, S.C.

Contact a Wisconsin Child Pornography Defense Lawyer Today

If you are under investigation or charged with possession of child pornography under Wis. Stat. § 948.12, the steps you take early can have a lasting impact on your case. These investigations often begin long before formal charges are filed and may involve search warrants, digital forensic analysis, and allegations based on how files were accessed or stored.

Do not speak with law enforcement or attempt to explain your situation without legal guidance. Early defense involvement allows for careful review of digital evidence, evaluation of statutory requirements, and strategic decisions that can limit charges, challenge assumptions, and protect your future. Call today to schedule a free, confidential consultation.

(608) 250-3500 Schedule a Free Consultation

Frequently Asked Questions – Possession of Child Pornography in Wisconsin

Yes. Possession or accessing child pornography under Wis. Stat. § 948.12 is a felony. For adults, the offense is generally charged as a Class D felony, which also carries a mandatory minimum prison sentence unless a narrow statutory exception applies.

Can I be charged if the images were only viewed online and not saved?
No. Some first degree charges are based on allegations of great bodily harm, while others are based on the use or threat of a dangerous weapon, even if no injury ultimately occurs.

Yes. The State must prove the material depicted an actual child under the age of 18 engaged in sexually explicit conduct. Virtual or computer-generated images are charged under a different statute and require separate proof.

Yes. Wisconsin law allows each image or file to be charged as a separate count, even if the images were found on the same device or obtained during a single investigation. This often drives charging decisions and sentencing exposure.

Yes. Possession of child pornography is subject to Wisconsin’s mandatory minimum sentencing statute for certain child sex offenses. Whether an exception applies depends on very specific statutory criteria and must be evaluated early.