Possession of Virtual Child Pornography a Crime in WI

 Posted on January 30, 2025 in Criminal Defense

In 2023, Wisconsin Act 224 (Senate Bill 314), Possession of Virtual Child Pornography was introduced. The law went into effect on March 29, 2024. The Act defines "obscene" material as a photograph, computer-generated image or picture, motion picture, film, or photograph, whether produced electronically or mechanically that the "average" person would find appeals to the sexual nature of human beings.

While Wisconsin state law already prohibited the possession of child pornography, the new law prohibits possession of child pornography that may be generated through AI, meaning it might or might not show an actual child. Possession of child pornography is a very serious crime with serious penalties. If you have been charged with child pornography or another sex crime, it is extremely important that you contact an experienced Racine County, WI criminal defense attorney as soon as possible.

What Does the Possession of Virtual Pornography Law State?

A "child" in the state of Wisconsin is a person who has not yet reached the age of 18. Since child pornography created by AI may not depict an actual child, the law specifies that the possession of obscene material that contains a depiction of a "purported" child is illegal. The person charged must have known or reasonably should have known that he or she accessed the material and that the material contained a depiction of a purported child.

In other words, whether the photos are or are not photos of an actual child, if a reasonable person would have known the depicted individual was younger than 18, then he or she is guilty of possession of child pornography. Under the new law, a violation of Virtual Child Pornography is punishable as a Class D felony. If the defendant is under the age of 18 at the time the offense occurs, it is punishable as a Class I felony.

The punishments and consequences are very similar to those that apply to a "regular" conviction for possession of child pornography. These penalties include a mandatory three-year minimum period of confinement in prison and a potential sentence that includes 15 years of initial confinement followed by 10 years of extended supervision. The length of the initial incarceration will be determined by the number of counts; Wisconsin requires a three-year prison sentence for each count.

 A person with a felony criminal record – especially one for a sex crime – will see a massive adverse impact on the ability to obtain employment or housing, obtain a professional license, pursue higher education, or maintain custody of his or her own children. Certain civil rights, like voting and owning a firearm, may also be adversely impacted, and the social stigma can affect every area of a person’s life.

Does a Conviction for Possession of Child Pornography Require Sex Offender Registry?

A person who is convicted of possession of child pornography must register as a sex offender. Sex offender registration makes the individual ineligible for certain types of employment and unable to live in certain areas. Registration for sex offenses requires the individual to inform the government where he or she resides and any time there is a move. The characteristics of the person’s appearance, along with other personal details, will be available to the public for those who must register as a sex offender.

Are There Defenses to Possession of Virtual Child Pornography?

While every situation is unique, there are certain defenses that are often used for those charged with possession of virtual child pornography. Most specifically, the photos or videos in question may have been placed on the defendant’s computer maliciously or as a form of blackmail or could have been uploaded by hackers. There may not have been a valid search warrant, or there may not have been probable cause for a search and seizure. Other defenses may also be available.

Contact a Waukesha County, WI Sex Crimes Attorney

If you have been charged with possession of child pornography or another sex crime, contact a Jefferson County, WI sex crimes lawyer from Bucher Law Group, LLC. Attorney Bucher spent 20 years as the Waukesha County District Attorney, which affords his clients additional benefits. He has also successfully litigated thousands of cases. Call 262-303-4916 to schedule your free consultation.