Contact Meyer Van Severen, S.C. to discuss your use of a computer to facilitate a child sex crime defense. (414) 270-0202
Use of a computer to facilitate a child sex crime is a serious felony in Wisconsin. Prohibited by section 948.075 of the Wisconsin Statutes, this crime is a Class Cfelony. It carries with it a penalty of 40 years in prison and a $100,000.00 fine. Our criminal defense attorneys have worked on cases involving use of a computer to facilitate a child sex crime. Contact Meyer Van Severen, S.C. to discuss your criminal case.
Our sexual assault defense attorneys focus on providing the very best criminal defense representation throughout Wisconsin. Prosecutors aggressively pursue sex cases involving children. Certainly you need an equally aggressive and intelligent defense attorney. Call Ben Van Severen or Matt Meyer today.
What is use of a computer to facilitate a child sex crime?
Use of a computer to facilitate a child sex crime is committed when the defendant “uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse...” Wis. Stat. sec. 948.075(1r)
When the defendant reasonably believes the age of the victim is no more than 24 months less than the defendant’s age, this is not a crime. Wis. Stat. sec. 948.075(2). So it’s not a crime if the defendant thinks the victim is within 2 years of his/her age.
Further, it must be shown that the defendant used the computer system for more than just mere communication. Some kind of action, or attempt to further the communication must have occurred.
How do I win my use of a computer to facilitate a child sex crime case?
Police and alleged victims aren’t always honest. While we can’t say how to win your specific case (we don’t know the details), there are methods to attack a child sex crime. The kids could be lying. The police could be lying. The police may have violated your constitutional rights. All of these are things that your criminal defense attorney should look into. Most importantly, you might be innocent.
At your free initial consultation, one of our criminal defense attorneys will discuss your case with you. We’ll begin to figure out how to defend your case. At that point we’ll be able to begin figuring out your options and how to proceed.
What kind of a computer is “computerized communication system”?
Does a cell phone count? A laptop? iPad? Section 948.075 certainly doesn’t define the term. However, section 943.70 of the Wisconsin Statutes provides a definition:
Firstly, “computer” means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related to a computer in a computer system or computer network.
Secondly, a “computer system” means a set of related computer equipment, hardware, or software.
These definitions are not helpful. Certainly not everyone knows what that means.
Unfortunately courts haven’t been very helpful. In a case involving a cellphone (indicating a cell phone qualifies), the Wisconsin Supreme Court simply recited the above definitions. State v. McKellips, 2016 WI 51, 369 Wis.2d 437, 881 N.W.2d 258. However, they went on to indicate the definition, “while not perfect,” accurately stated the law. What does this tell us? Cell phones count. Secondly, iPads count. Thirdly, laptops count. Lastly, regular desktop computers count. A creative prosecutor certainly easily satisfies this definition.
Mandatory minimum prison penalties
Mandatory prison penalties are scary. They’re why we believe you should hire a defense attorney who specializes in sex crime defense. The criminal attorneys at Meyer Van Severen, S.C. certainly do.
In 2005, Wisconsin Act 433 created certain minimum sentences for child sex offenses. In 2011, Act 272 amended the law to include this crime. Individuals convicted of use of a computer to facilitate a child sex crime must serve at least 5 years initial confinement. This doesn’t apply if the defendant was under 18 years old at the time of the offense. This means that if you’re convicted of this crime, you’re required to sit in prison for at least 5 years.
How do we avoid the minimum penalties?
Certainly you maintain your right to force the government to prove its case at trial. All of our defense lawyers have gone to trial. And all of them have won cases. If you’re innocent, we’ll put the government to their burden in your defense.
Secondly, the government may agree to amend charges to something like child enticement, which doesn’t require a mandatory sentence.
Meyer Van Severen, S.C. defends use of a computer to facilitate a child sex crime cases
Maybe you were caught in a sting. Likewise, maybe the individual you spoke to was a child, and her parents turned you in. No matter the situation, our sexual assault defense attorneys aggressively defend use of a computer to facilitate a child sex crime cases. We regularly defend this charge throughout Wisconsin. And we certainly work hard to achieve successful results.
Finally, if you’ve been charged with this crime you know it’s serious. The aggressive criminal defense lawyers at Meyer Van Severen, S.C. emphatically defend all criminal cases. If you’re facing a use of a computer to facilitate a child sex crime case, certainly contact our law firm for a free consultation. (414) 270-0202.