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Possession of child pornography in Racine or Kenosha is a class D felony, for which you can be sentenced up to 25 years in prison, fined $100,000 or both.
Glenn Gaskill
OWI & Criminal Defense Attorney
Child Pornography Attorneys Racine office (near the Village Center Strip Mall)
Possession of Child Pornography in Racine or Kenosha
To be convicted of possession of child pornography in Racine or Kenosha, the prosecutor must prove all four elements of the charge:
- You knowingly possessed a recording (defined as “a reproduction of an image…or the storage of data representing an image…”).
- The recording showed a child engaged in sexually explicit conduct.
- You knew or should have known that it showed a person engaged in real or simulated explicit conduct.
- You knew or should have known that the people engaging in sexually explicit conduct were under 18 years old.
If you’ve been accused of possessing child pornography, you need an attorney with a proven history of success. The law defines this offense as “anyone who knowingly possesses photograph(s) of a child engaging in sexually explicit conduct and reasonably should have known that the child was under the age of 18.” The charge has an extremely high maximum penalty, and even the minimum penalty is severe.
Because the elements of this charge require you to know things it can lead to scenarios where a mistake was made that the prosecutor believes was not a mistake.
Child Pornography Penalties
Possession of child pornography in Racine or Kenosha is a class D felony, for which you can be sentenced up to 25 years in prison, fined $100,000 or both. Unlike most criminal charges, possession of child pornography has a mandatory minimum penalty of 3 years in prison before you can be released. The maximum and minimum sentences are for each count of possession of child pornography. So, for four counts you could be facing up to 100 years in prison. If the sentences are run consecutively, a minimum of 12 years in prison is required.
Contact a Racine or Kenosha County criminal defense attorney at Grieve Law LLC for help throughout the legal process involved with a possession of child pornography charge. To get started building your defense, schedule a free initial case consult now.
How long is a child pornography charge on your record?
If you are convicted of possession of child pornography, that conviction will stay on your record permanently. On top of the prison time and fines, the court may order mandatory counseling, along with other requirements such as restricting your access to the internet. You will be required to register as a sex offender. The only way to remove a possession of child pornography charge from your record is to be granted a pardon by the Governor of Wisconsin. You must hire the right lawyer to fight your charges so that you do not have to answer for this charge for the rest of your life.
How to beat child pornography accusations
To be convicted of possession of child pornography the prosecutor must be able to prove all four elements of the crime. When fighting a charge that requires you to specifically know something (know that you were in possession and know or should have known person was under 18), typically, that is where your best chance at defending the against the charge is. Beating a possession of child pornography charge in Racine or Kenosha, ultimately comes down to being able to challenge that you knew, or should have known, that the people depicted were under 18 and that you knew you possessed it (for example, do you know that you possess pictures on your phone that are left behind from websites?).
Facing charges for possession of child pornography can make you feel like your life is over and there is nothing that can be done. If you are facing these charges, you must hire a lawyer who is knowledgeable in these types of cases and who has experience defending against these charges. Our team of award-winning Racine and Kenosha lawyers can help you fight the uphill battle that comes with child pornography charges to reach your best outcome.
