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Child Pornography Charges in Milwaukee

Picture: Child Pornography Charges in Milwaukee - Milwaukee Sex Crime Lawyers

According to the Post Crescent, Milwaukee County has the highest number of child pornography “flags” out of all the cities in Wisconsin—and a video from the state Department of Justice is causing more lawmakers to sway toward easing subpoena restrictions to speed up investigations.

Because a child pornography conviction can change the course of your life—in many cases, these convictions result in lengthy prison sentences, supervision and sex offender registration—it’s probably a good idea to talk to a Wisconsin sensitive crime attorney if you’re accused this type of offense.

What Would Administrative Subpoenas Do?

An administrative subpoena is nothing new. However, in Internet child pornography investigations, these types of subpoenas allow law enforcement officials to have access to what Representative Joel Kleefisch calls the “phone book for sexual predators.”

This “phone book” gives law enforcement agents the information they need to determine an Internet user’s location, cutting down on investigation time.

While administrative subpoenas in Internet child pornography cases can speed up the investigation process, law enforcement officers must still obtain search warrants to seize property or gather other information.

What Should You Do if You’re Accused of a Child Pornography Crime?

As with most criminal accusations, you shouldn’t answer investigators’ questions or admit to anything—even if you’re completely innocent—without talking to your attorney first.

Your lawyer will need to evaluate your case, including the circumstances surrounding your arrest if you’ve been arrested, and determine the best course of action before he or she gives you case-specific advice.

What Are the Consequences of a Child Pornography Charge?

There are varying degrees of child pornography charges in Wisconsin. According to state law, being in possession of child pornography can range from a Class I to a Class D felony.

If you’ve been accused of any type of child pornography crime, it’s essential that you talk to a Wisconsin child pornography defense lawyer as soon as possible. Call us at 414-383-6700, or if it’s easier, contact us online.

By |2021-07-27T20:28:52-05:00November 23rd, 2019|Criminal Law|Comments Off on Child Pornography Charges in Milwaukee

What to Do if You’re Facing Child Pornography Charges

What to Do if You're Facing Child Pornography Charges - Wisconsin Child Pornography Defense Attorneys

By Carlos Gamino

Wisconsin law forbids anyone from possessing, making or distributing child pornography, but what does that mean?

Defining Child Pornography in Wisconsin

Under Wisconsin law, child pornography is any film, negative, photo, movie, videotape or other recording of a child engaged in sexually explicit conduct.

The term child refers to any person under the age of 18 at the time the recording was made.

Can You Get in Trouble if You Don’t Know?

In order for you to be found guilty of a child pornography offense in Wisconsin, you must know that you have (or that you’ve accessed) the material. You must also know – or you should reasonably know – that the material depicts a minor engaging in sexually explicit conduct.

The prosecution must prove that you knew what you had in your possession; if they can prove that, you can be convicted of possession or distribution of child pornography.

What Should You Do if You’re Caught With Child Pornography in Wisconsin?

If you’re caught with any type of child pornography, the consequences can be extremely severe. Most people find that it’s a good idea to contact a Milwaukee child pornography defense lawyer right away.

Your lawyer will ask you several questions, and it’s important that you answer specifically. That’s because your attorney will begin building your defense based on the answers you give; he or she will evaluate your entire case and create a strategy that helps you get the best possible outcome under Wisconsin law.

Law enforcement all over the state, as well as those on a national level, have been known to set up “stings” in which they attempt to catch people involved in possession or distribution of child pornography. The number of cases the FBI opened between 1996 and 2005 increased more than 2,000 percent – so it’s not uncommon for people to be caught in these types of operations.

If you’ve been accused of any type of child pornography, or if you’re currently facing child pornography charges in Wisconsin, call us at 414-383-6700; you can also contact us online for help. Our team of Milwaukee child pornography defense attorneys will evaluate your case right away.

Carlos Gamino, Wisconsin attorney

By |2021-07-27T21:02:45-05:00November 21st, 2019|Criminal Law|Comments Off on What to Do if You’re Facing Child Pornography Charges

Police and Child Pornography Stings

Police and Child Pornography Stings - Milwaukee Criminal Defense Lawyer

By Carlos Gamino

With news of Jared Fogle’s involvement with child pornography dominating the news, Subway has severed all ties with their former weight-loss hero. While the FBI won’t divulge many details about how they caught Fogle, he was part of a much larger sting operation.

The woman who recorded Fogle’s conversations about his involvement with child pornography was the first to report him to authorities. Rochelle Herman, a reporter who met Fogle at a school health event in Florida nearly a decade ago, was extremely disturbed by the way he referred to children – and that led her to contact the FBI, who then asked her to wear a wire when she communicated with him.

“He told me that he thought middle school girls were so hot,” said Herman. “I was in shock, I actually was questioning, ‘Did I really just hear what I think I heard?’ I looked over at my cameraman and he was just astounded.”

Fogle’s situation is far from unusual, though. Police and other law enforcement officials have long been known for staging complicated child pornography sting operations, and in many cases, people with only remote ties to the crime are arrested.

A conviction involving any type of child pornography can be devastating. In many cases, the alleged perpetrator is charged with one or more felonies, which become permanent additions to criminal records. Further, people convicted of child pornography charges must register as sex offenders – usually for life – and must disclose their addresses to authorities each time they move.

If you are convicted of any sex crime involving a child, you could be permanently prohibited from:

  • Living within a certain distance of a school, park or day care center
  • Visiting any location within a certain distance of a school, park or day care center
  • Working with children
  • Volunteering in organizations that serve children

Further, you’ll almost certainly face imprisonment.

What to Do if Police Arrest You in Connection with a Child Pornography Sting

The first thing you should do if police arrest you in connection with a child pornography sting is contact a Milwaukee sex crime lawyer who understands Wisconsin laws and how they’ll impact your case. Your attorney will be able to preserve your rights during questioning, while you’re incarcerated and when you appear in court.

Child pornography charges are extremely serious, and you could be taking a gamble with your future if you don’t work with an attorney who has experience in these matters.

If you need help, call us at 414-383-6700 or contact us online right away. Time is not on your side when you’re facing these types of charges, so the sooner you get in touch with a lawyer, the more prepared he or she will be to defend you in court.

By |2021-07-27T21:44:54-05:00November 21st, 2019|Criminal Law|Comments Off on Police and Child Pornography Stings

What Constitutes Child Pornography under Wisconsin Law

What Constitutes Child Pornography under Wisconsin Law - Milwaukee Sex Crime Defense Lawyer

Wisconsin law considers any material that records or displays, in any way, a child engaged in sexually explicit conduct to be “child pornography.” Being in possession of child pornography is a Class D felony in Wisconsin. So is showing it to others.

What Exactly Is Child Pornography?

For the purposes of Wisconsin pornography law, a child is anyone under the age of 18. In order to convict you of possession of child pornography, the prosecution has to show that you knew, or reasonably should have known, that the person depicted is a child.

The material can be written, photographic, drawn, filmed, or any other kind of recording.

Content that counts as sexually explicit conduct can be acts simulated or actually performed by minors.

Under Wisconsin’s child pornography law, sexually explicit acts include:

  • Sexual intercourse, no matter how slight the penetration or whether with an object or body part
  • Bestiality
  • Masturbation
  • Sexual sadism or sexual masochistic abuse
  • Lewd exhibition of intimate body parts.

What Are the Penalties for Possessing Child Pornography?

In April 2012, Wisconsin legislators set a mandatory minimum prison sentence of 3 years for possession of child pornography. A conviction carries a fine of up to $100,000 or 25 years of jail time, or a combination of both. For a repeat offender, the imprisonment time can be extended up to 6 years.

If you are a minor and no more than 4 years older than the victim, you may fall into a special category for sentencing. Your Milwaukee criminal defense attorney will be able to explain if this applies to you.

What to Tell Your Lawyer

A child pornography conviction can leave an ugly mark on your record. Your attorney will do his or her best to build a solid defense if you are charged with possession of child pornography.

If you didn’t know the person depicted the pornography was a minor, you need to make that clear to the courts. Perhaps you didn’t even know you were in possession of the material, or you knew you had it, but you didn’t know what it was. That information can help build your case.

By |2021-07-30T17:31:14-05:00November 20th, 2019|Criminal Law|Comments Off on What Constitutes Child Pornography under Wisconsin Law

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