Possession of Child Pornography Defense

We defend possession of child pornography cases.  Contact Meyer Van Severen, S.C. at (414) 270-0202.

Possession of child pornography is an aggressively prosecuted crime in Wisconsin.  Individuals convicted of this crime face a mandatory minimum penalty of 3 years incarceration in prison, as required by Section 939.617 of the Wisconsin Statutes.  Criminal defense attorney Matthew Meyer has argued that this section is not mandatory based upon its plain language.  He believes this aggressive approach to defending this serious crime is absolutely necessary.  In a recent case in Fond du Lac, Attorney Meyer successfully argued that the mandatory minimums do not apply.

Considering the serious penalties an individual facing a possession of child pornography case must address, hiring a skilled and aggressive criminal law attorney is a smart decision.  Meyer Van Severen, S.C. defends child porn cases.  Contact our skilled defense lawyers at (414) 270-0202 to begin working on your case.

What is possession of child pornography?

Possession of child pornography is shown when the defendant “possesses, or accesses in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances…” Those circumstances require:

• The person knows that he or she possesses or has accessed the material;
• The person knows, or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct; and
• The person knows or reasonably should know, that the child depicted in the material who is engaged in sexually explicit conduct has not attained the age of 18 years.Possession of child pornography is banned in section 948.12 of the Wisconsin Statutes.

Possession of child pornography is a Class D felony if the defendant is over 18 years old, otherwise it’s a Class I felony.

Defending child pornography cases effectively requires expertise in this area of law.  Generally police don’t just pull an individual over and find child pornography.  There are search warrants for email addresses, subpoenas for internet records, and lots of background investigation.  If the police screw up, it’s up to your attorney to find that mistake.  A police error may lead to suppression (exclusion) of all the evidence against you.

Finally, there are more specialized motions to defeat child pornography charges.  For example, the images may have not depicted “sexually explicit conduct.”  The child may not have appeared to be under 18 years old.  Or the images may have been placed on your computer by a computer virus.  These are all issues to consider in a possession of child pornography case.

Meyer Van Severen, S.C. aggressively defends Possession of Child Pornography cases

Possession of child pornography is a serious crime and it requires serious defense.  Our smart criminal defense attorneys have defended child pornography cases.  If you’re facing this crime contact criminal defense lawyers Meyer or Van Severen to set up a free consultation.  Phones are answered 24/7 at (414) 270-0202.