Top Columbus, WI Child Pornography Lawyers Near You
101 Dempsey Rd, Madison, WI 53714
Eastbridge Law Group, LLP, a local Child Pornography firm with years of experience helping clients in the Columbus, Wisconsin area.
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33 East Main Street, Suite 300, Madison, WI 53701-1379
Two East Mifflin Street, Suite 600, Madison, WI 53703
6405 Century Avenue, Suite 102, Middleton, WI 53562
33 E Main St, Suite 500, Madison, WI 53703
33 E. Main St., Suite 610, Madison, WI 53703
5610 Medical Circle, Suite 34, Madison, WI 53719
30 W Mifflin St, Suite 404, Madison, WI 53703
2810 Crossroads Dr., Suite 4000, Madison, WI 53718
6441 Enterprise Lane, Suite 109, Madison, WI 53719
122 West Washington Avenue, Suite 600, Madison, WI 53703
122 West Washington Avenue, Suite 900, Madison, WI 53703
2 East Mifflin Street, Suite 200, Madison, WI 53703
213 North Main Street, Suite 200, PO Box 128, Poynette, WI 53955
110 West Fountain Street, PO Box 139, Dodgeville, WI 53533
301 North Broom Street, Madison, WI 53703
306 East Wilson Street, PO Box 2095, Madison, WI 53701
131 West Wilson Street, Suite 300, Madison, WI 53703
33 East Main Street, Suite 400, Madison, WI 53701
26 Schroeder Court, Suite 300, Madison, WI 53711
145 West Wilson Street, Madison, WI 53703
30 W. Muffin St, Suite 1001, Madison, WI 53703
308 East Washington Avenue, PO Box 1069, Madison, WI 53701
613 Williamson St, Suite 204, Madison, WI 53703
507 Bruce Street, #201, Verona, WI 53593
Columbus Child Pornography Information
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What Is Considered Child Pornography?
Under federal law, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under the age of 18). Sexually explicit conduct means actual or simulated:
- Sexual intercourse
- Bestiality
- Masturbation
- Sadistic or masochistic abuse
- Lascivious exhibition of the genitals or pubic area
Child pornography may also include images or videos of child sexual abuse. In the past, pornography generally involved videos or photos. However, visual depictions of sexual activity may take many other forms, including any undeveloped film, data stored on a computer disk, data capable of conversion into visual imagery, peer-to-peer file sharing, or computer-generated child porn images.
Laws against child pornography make it a crime to be involved in the material in any way, including:
- Possession
- Receiving
- Trading and distribution
- Reproduction
- Production
- Solicitation
What Are the Elements of Child Pornography Charges?
When someone is accused of possession of child pornography, the prosecutor has the burden of proof to prove every element of the criminal charges beyond a reasonable doubt. The elements vary by jurisdiction but generally include the prosecutor proving the defendant knowingly possessed or controlled material containing a visual depiction of a minor involved in sexually explicit conduct.
What Are the Penalties for Child Pornography in Wisconsin?
Child pornography is a form of child exploitation. The courts take sexual exploitation of a child charges very seriously. There are harsh penalties for possession, distribution, or receipt of child porn material, even if the individual was not involved in direct abuse. In general, any child pornography charge is a felony. Penalties depend on a number of factors, including the amount of material involved, age of the victim, participation in abuse, and prior child pornography convictions.
For example, under federal child pornography laws, a first-time offender convicted of production of child pornography can face a minimum of 15-year prison sentence. A second offense is punishable by imprisonment from 25 years to 50 years. A third conviction includes a maximum of life in federal prison.
When a judge uses sentencing guidelines, they may take into account a number of factors. Aggravating factors can involve harsher penalties, up to the maximum sentence. Aggravating factors in child pornography cases may include:
- Explicit depictions of a minor under the age of 12
- Distribution of material to a minor
- Sadistic, masochistic, or violent depictions
- Number of images of child pornography
Will I Have to Register as a Sex Offender in Wisconsin?
After release from imprisonment or serving out probation, someone convicted of possession or distribution of child pornography may have to register as a sex offender. Mandatory sex offender registration is a continuing obligation to notify and update law enforcement agencies annually and whenever the offender moves. Depending on the child pornography offense and the state, registration may be a lifetime duty. Failure to register or moving without notifying law enforcement may result in criminal charges.
Sex offender registration is generally publicly available. Most states have a searchable website where individuals can search for a registered sex offender by name or location. The online sex offender registry generally includes the offender’s:
- Name
- Photograph
- Age
- Criminal offense
- Identifying information
Do I Need a Lawyer If I Am Facing Charges for Child Pornography?
With such serious criminal penalties involved in sex crimes, you may want to contact an experienced criminal defense lawyer for advice. A child pornography lawyer will be able to explain your legal options, evaluate every viable defense, and can challenge the prosecutor’s evidence. After formal charges are filed, your options are generally to plead guilty or take your case to court. Skilled attorneys can also help you negotiate a plea agreement to reduce the charges, try and get the minimum sentence, or have some charges dismissed. Talk to a defense attorney about your strongest defense options.
Are There Legal Defenses to Child Pornography Charges?
When law enforcement agencies conduct a law enforcement investigation, their evidence may only consist of the evidence of pornographic materials on someone’s computer or an IP address using file-sharing programs to exchange digital images. They may not have direct evidence that the defendant accessed or shared the information. It may be an effective defense to show the computer was shared with a roommate or others. Other common defense strategies may include:
- Wireless router was not secured and accessible to others
- Defendant did not know a shared file contained illegal images
- Images were artistic depictions with serious artistic, political, or scientific value
- Individual portrayed was 18 years old or older at the time
Was the Search of My Computer Legal?
Law enforcement cannot just search anyone’s computer for illegal material. Generally, the police need to have search warrants to conduct a search of computers, homes, vehicles, or other private areas. However, there may be several exceptions where the police do not need a warrant, including when the owner gives consent to search.
If the police conducted an unlawful search, it may be a violation of your constitutional rights against unreasonable search and seizure. Your attorney may be able to file a motion to suppress any unlawfully obtained evidence to keep it out of court. Without evidence of child pornography, the prosecutor may not have a strong enough case to move forward.