WISCONSIN PORNOGRAPHY LAWSSEXUAL EXPLOITATION OF A CHILD. (1) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child is guilty of a Class C felony: (a) Employs, uses, persuades, induces, entices or coerces any child to engage in sexually explicit conduct for the purpose of photographing, filming, videotaping, recording the sounds of or displaying in any way the conduct. (b) Photographs, films, videotapes, records the sounds of or displays in any way a child engaged in sexually explicit conduct. Produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes or possesses with intent to sell or distribute, any undeveloped film, photographic negative, photograph, motion picture, videotape, sound recording or other reproduction of a child engaging in sexually explicit conduct. (2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub.(1)(a), (b) or is guilty of a Class C felony.(s. 948.05) [For more information regarding an affirmative defense to prosecution if the defendant has reasonable cause to believe that the child had attained the age of 18 years, see s.948.05 (3)].
EXPOSING A CHILD TO HARMFUL MATERIAL. (1)(a) "Harmful material" means: 1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or 2. Any book, pamphlet, magazine, printed matter however reproduced or sound recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children. (b) "Harmful to children" means that quality of any description or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it: 1. Predominately appeals to the prurient, shameful or morbid interest of children; 2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and 3. Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.(s. 948.11(1)) [For additional definitions see section s.948.11 (c-f)].
Criminal Penalties. (2)(a) Whoever, with knowledge of the nature of the material, sells, rents, exhibits, transfers or loans to a child any material which is harmful to children, with or without monetary consideration, is guilty of a Class E felony. (b) Whoever, with knowledge of the nature of the material, possesses material which is harmful to children with the intent to sell, rent, exhibit, transfer or loan the material to a child is guilty of a Class A misdemeanor.(s. 948.11(2)) [For more information regarding affirmative defense and extradition see s.948.11 (2)(c), (3).]
POSSESSION OF CHILD PORNOGRAPHY. Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape or other pictorial reproduction or audio recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E felony: (1) The person knows that he or she possesses the material. (2) The person knows the character and content of the sexually explicit conduct shown in the material. (3) The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.(s. 948.12))
Penalties for a Class C felony (s. 939.50(3)(c)) = a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.
Penalties for a Class E felony (s. 939.50(3)(e)) = a fine not to exceed $10,000 or imprisonment not to exceed 2 years, or both. Penalties for a Class A misdemeanor (s. 939.51(3)(a)) = a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
DEFINITIONS: "Child" means a person who has not attained the age of 18 years. "Sexually explicit conduct" means actual or simulated: (a) Sexual intercourse, meaning vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by a person or upon the person's instruction. The emission of semen is not required. (b) Bestiality; Masturbation; (d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or (e) Lewd exhibition of intimate parts. "Sadomasochistic abuse" means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.(s. 948.01)
Sources: Chapter 948 and s.939.50-51 of the Wisconsin Statutes
This information sheet was revised in 1997 by the Wisconsin Coalition Against Sexual Assault (WCASA). WCASA is a membership organization of sexual assault centers and other organizations and individuals throughout Wisconsin who are working to end sexual violence. For information sheets on additional topics or for membership information, contact WCASA, 123 East Main Street, Madison, WI 53703 (608) 257-1516. For more information about sexual assault or to receive support around a sexual assault experience, contact your local sexual assault program. This sheet may be reproduced with acknowledgment to WCASA.
