Wisconsin Statutes
Wis. Stat. § 939.617 (2026)
Minimum sentence for certain child sex offenses
✓ current as of July 2026
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939.617(1)(1) Except as provided in subs. (2) and (3), if a person is convicted of a violation of s. 948.05, 948.075, 948.12, or 948.125, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12 or 948.125. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
939.617(2)(2) If the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record, the court may impose a sentence that is less than the sentence required under sub. (1) or may place the person on probation under any of the following circumstances:
939.617(2)(a)(a) If the person is convicted of a violation of s. 948.05, the person is no more than 48 months older than the child who is the victim of the violation.
939.617(2)(b)(b) If the person is convicted of a violation of s. 948.12, the person is no more than 48 months older than the child who engaged in the sexually explicit conduct.
939.617(3)(3) This section does not apply if the offender was under 18 years of age when the violation occurred.
939.617 AnnotationThe legislature had reasonable and practical grounds for making a conviction for using a computer to facilitate a child sex crime under s. 948.075 (1r) subject to a mandatory minimum sentence. Thus, there was a rational basis for the penalty enhancer in sub. (1), and sub. (1) was not unconstitutional as applied to the defendant. State v. Heidke, 2016 WI App 55, 370 Wis. 2d 771, 883 N.W.2d 162, 15-1420.
939.617 AnnotationThis section has a plain and unambiguous meaning. When faced with a conviction for possessing child pornography, sub. (1) requires the court to impose a bifurcated sentence with at least three years’ initial confinement. Sub. (2) allows the court to depart from this minimum and impose less initial confinement or probation only if the defendant is not more than 48 months older than the child-victim. State v. Holcomb, 2016 WI App 70, 371 Wis. 2d 647, 886 N.W.2d 100, 15-0996.
939.617 AnnotationThis section and s. 948.12 work harmoniously together in setting the parameters for the punishment for the crime of possession of child pornography: s. 948.12 sets forth the maximum allowable sentence based on the applicable felony classification, and this section sets forth the minimum allowable sentence. State v. Brott, 2023 WI App 45, 409 Wis. 2d 96, 996 N.W.2d 78, 21-2001.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 2012–2025 · leading case: State v. John R. Brott, 2023 WI App 45 (Wis. Ct. App. 2023).
State v. John R. Brott, 2023 WI App 45 (Wis. Ct. App. 2023). “He further contends that § 939.617’s mandatory minimum has not been consistently applied throughout the state, thereby violating his constitutional right to equal protection.”
State v. Holcomb, 2016 WI App 70 (Wis. Ct. App. 2016). “This case requires us to interpret Wis. Stat. § 939.617 (2013-14), 1 which prescribes minimum sentences for certain child sex offenses.”
State v. Silverstein, 2017 WI App 64 (Wis. Ct. App. 2017). “He argues that Wis. Stat. § 939.617 (2015-16) 1 violated due process requirements of fair notice because it failed to provide clear guidance for those who enforce and apply the law and created uncertainty about whether he would be subject to a mandatory minimum three-year…”
State v. Thompson, 2012 WI 90 (Wis. 2012). “616 and no Wis. Stat. § 939.617 . ¶ 30. The 2005 legislature passed 2005 Assembly Bill 784.”
State v. Lalicata, 2012 WI App 138 (Wis. Ct. App. 2012). “What's more, this statute expressly allows probation for certain crimes 3 : "[T]he court may impose a sentence that is less than the [minimum], or may place the person on probation, only if the court finds that the best interests of the community will be served and the public…”
State v. Alan M. Johnson, 2020 WI App 50 (Wis. Ct. App. 2020). “§ 939.617(1). 3 K.M. was shot five times: three in the front, once in the back, and once in the head.”
State v. Heidke, 2016 WI App 55 (Wis. Ct. App. 2016). “The issue on appeal relates to the order denying his motion to dismiss the penalty enhancer found in Wis. Stat. § 939.617 (1) (2013-14) 1 and denying his request to declare § 939.”
State v. John R. Walton (Wis. Ct. App. 2025). “§ 939.617 (requiring a minimum of three years initial confinement for violations of WIS.”
State v. Daniel T. Fesko (Wis. Ct. App. 2024). “§§ 939.617(1); 948.12(3)(a); 973.01(2)(b)4.”
State v. Adam Michael Christopher (Wis. Ct. App. 2025). “§ 939.617(1) (2015-16).1 Pursuant to a plea agreement, Christopher entered guilty pleas to all eleven charges.”
— Wis. Stat. § 939.617(1) — 6 cases
State v. John R. Brott, 2023 WI App 45 (Wis. Ct. App. 2023). “He further contends that § 939.617’s mandatory minimum has not been consistently applied throughout the state, thereby violating his constitutional right to equal protection.”
State v. Holcomb, 2016 WI App 70 (Wis. Ct. App. 2016). “This case requires us to interpret Wis. Stat. § 939.617 (2013-14), 1 which prescribes minimum sentences for certain child sex offenses.”
State v. Alan M. Johnson, 2020 WI App 50 (Wis. Ct. App. 2020). “§ 939.617(1). 3 K.M. was shot five times: three in the front, once in the back, and once in the head.”
State v. Heidke, 2016 WI App 55 (Wis. Ct. App. 2016). “The issue on appeal relates to the order denying his motion to dismiss the penalty enhancer found in Wis. Stat. § 939.617 (1) (2013-14) 1 and denying his request to declare § 939.”
State v. Daniel T. Fesko (Wis. Ct. App. 2024). “§§ 939.617(1); 948.12(3)(a); 973.01(2)(b)4.”
— Wis. Stat. § 939.617(2) — 2 cases
State v. Holcomb, 2016 WI App 70 (Wis. Ct. App. 2016). “This case requires us to interpret Wis. Stat. § 939.617 (2013-14), 1 which prescribes minimum sentences for certain child sex offenses.”
State v. Silverstein, 2017 WI App 64 (Wis. Ct. App. 2017). “He argues that Wis. Stat. § 939.617 (2015-16) 1 violated due process requirements of fair notice because it failed to provide clear guidance for those who enforce and apply the law and created uncertainty about whether he would be subject to a mandatory minimum three-year…”
— Wis. Stat. § 939.617(2)(a) — 1 case
State v. Holcomb, 2016 WI App 70 (Wis. Ct. App. 2016). “This case requires us to interpret Wis. Stat. § 939.617 (2013-14), 1 which prescribes minimum sentences for certain child sex offenses.”
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