Wisconsin Statutes
Wis. Stat. § 948.12 (2026)
Possession of child pornography
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
948.12(1m)(1m) Whoever possesses, or accesses in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances may be penalized under sub. (3):
948.12(1m)(b)(b) The person knows, or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct.
948.12(1m)(c)(c) The person knows or reasonably should know that the child depicted in the material who is engaged in sexually explicit conduct has not attained the age of 18 years.
948.12(2m)(2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, may be penalized under sub. (3):
948.12(2m)(b)(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.
948.12(2m)(c)(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.
948.12(3)(a)(a) Except as provided in par. (b), a person who violates sub. (1m) or (2m) is guilty of a Class D felony.
948.12(3)(b)(b) A person who violates sub. (1m) or (2m) is guilty of a Class I felony if the person is under 18 years of age when the offense occurs.
948.12 AnnotationA violation of this section must be based on the content of the photograph and how it was produced. Evidence of the location and manner of storing the photo are not properly considered. State v. A.H., 211 Wis. 2d 561, 566 N.W.2d 858 (Ct. App. 1997), 96-2311.
948.12 AnnotationFor purposes of multiplicity analysis, each image possessed can be prosecuted separately. Prosecution is not based upon the medium of reproduction. Multiple punishment is appropriate for a defendant who compiled and stored multiple images over time. State v. Multaler, 2002 WI 35, 252 Wis. 2d 54, 643 N.W.2d 437, 00-1846.
948.12 AnnotationCriminalizing child pornography presents the risk of self-censorship of constitutionally protected material. Criminal responsibility may not be imposed without some element of scienter, the degree of knowledge that makes a person legally responsible for the consequences of the person’s act or omission. In this section, “reasonably should know” is less than actual knowledge but still requires more than the standard used in civil negligence actions, which is constitutionally sufficient. State v. Schaefer, 2003 WI App 164, 266 Wis. 2d 719, 668 N.W.2d 760, 01-2691.
948.12 AnnotationThere was sufficient evidence in the record to demonstrate that the defendant knowingly possessed the child pornography images on the defendant’s computer because the defendant repeatedly visited child pornography websites, clicked on thumbnail images to create larger pictures for viewing, accessed five images twice, and saved at least one image to the defendant’s personal folder. State v. Lindgren, 2004 WI App 159, 275 Wis. 2d 851, 687 N.W.2d 60, 03-1868.
948.12 AnnotationSub. (1m) forbids only depictions of real children engaged in sexually explicit activity. Sub. (1m) (c) specifies that to be convicted under the statute, the person possessing the pornography must know or have reason to know that the child engaged in sexually explicit conduct has not attained the age of 18 years. This element does not speak of depictions at all, but rather of a child who has not attained the age of 18 years. State v. Van Buren, 2008 WI App 26, 307 Wis. 2d 447, 746 N.W.2d 545, 06-3025.
948.12 AnnotationSub. (1m) criminalizes the knowing possession of any photograph of a child engaging in sexually explicit conduct. Expert testimony or other evidence to establish the reality of apparently real photographs is not required. When there has been no evidence adduced that the photographs are anything other than what they appear to be, the photographs themselves are sufficient evidence of the reality of what they depict. State v. Van Buren, 2008 WI App 26, 307 Wis. 2d 447, 746 N.W.2d 545, 06-3025.
948.12 AnnotationIndividuals who purposely view digital images of child pornography on the Internet, even though the images are not found in the person’s computer hard drive, nonetheless knowingly possess those images in violation of sub. (1m). An individual knowingly possesses child pornography when the individual affirmatively pulls up images of child pornography on the Internet and views those images knowing that they contain child pornography. Whether the proof is hard drive evidence or something else should not matter. State v. Mercer, 2010 WI App 47, 324 Wis. 2d 506, 782 N.W.2d 125, 08-1763.
948.12 AnnotationThe word “may” in this section does not mean that the circuit court has the option of whether to sentence a violator under sub. (3) or whether to impose a bifurcated sentence but rather identifies which of the two felony classifications applies to the violation at hand: Class D or Class I. This section and s. 939.617 work harmoniously together in setting the parameters for the punishment for the crime of possession of child pornography: this section sets forth the maximum allowable sentence based on the applicable felony classification, and s. 939.617 sets forth the minimum allowable sentence. They are not in conflict. State v. Brott, 2023 WI App 45, 409 Wis. 2d 96, 996 N.W.2d 78, 21-2001.
Notes of Decisions
Cited in 83
cases (33 in the last 5 years), 1989–2026 · leading case: State v. Schaefer, 2003 WI App 164 (Wis. Ct. App. 2003).
State v. Schaefer, 2003 WI App 164 (Wis. Ct. App. 2003). “John Lee Schaefer appeals from a judgment convicting him of eighteen counts of possession of child pornography, contrary to Wis. Stat. § 948.12 (2001-02). 1 He contends that the warrant issued for the search of his home and personal computer was not based upon probable cause and…”
State v. Multaler, 2002 WI 35 (Wis. 2002). “2 Based on the contents of the disks, Multaler was charged with 79 counts of possession of child pornography in violation of Wis. Stat. § 948.12 (1997-98). 3 ¶ 4. Multaler moved to suppress the disks, arguing that the affidavit in support of the warrant to search his house was…”
State v. John R. Brott, 2023 WI App 45 (Wis. Ct. App. 2023). “12, defines the crime of possession of child pornography and identifies the degree of felony resulting from its violation: (1m) Whoever possesses, or accesses in any way with the intent to view, any … photograph … of a child engaged in sexually explicit conduct under all of the…”
State v. Multaler, 2001 WI App 149 (Wis. Ct. App. 2001). “§ 948.12 (1997-98), [1] following his " Alford no contest" pleas, [2] see North Carolina v.”
State v. Hoppe, 2008 WI App 89 (Wis. 2009). “Hoppe, seeks review of a published decision of the court of appeals affirming a judgment convicting the defendant of 12 counts of possessing child pornography contrary to Wis. Stat. § 948.12 (lm) and an order denying the defendant's motion to withdraw his guilty plea.”
State v. Zarnke, 589 N.W.2d 370 (Wis. 1999). “203 (1985-86) and in drafting current Wis. Stat. § 948.12 . In § 948.12, for instance, the legislature did enact, as an element to be proven by the State, the requirement that the defendant knew or should have known the minority of the child-victim depicted in the material at…”
United States v. Jay Liestman, 97 F.4th 1054 (7th Cir. 2024). “The parties renew their positions on appeal, and we chose to convene the full court to decide whether Liestman’s prior offense of conviction for possessing child pornography under Wis. Stat. § 948.12 (1m) can serve as a predicate offense under § 2252(b)(1).”
State v. Lindgren, 2004 WI App 159 (Wis. Ct. App. 2004). “§§ 948.12 and 939.50(3)(e) (2001-02), [1] one count of child enticement contrary to WIS.”
State v. Mercer, 2010 WI App 47 (Wis. Ct. App. 2010). “The issue in this case is whether individuals who purposely view digital images of child pornography on the Internet, even though the images are not found in the person's computer hard drive, nonetheless knowingly possess those images in violation *510 of Wis. Stat. § 948.12…”
State v. Whistleman, 2001 WI App 189 (Wis. Ct. App. 2001). “The issue on this appeal is whether possession of a computer disk that stores images of child pornography is a violation of Wis. Stat. § 948.12 (1999-2000), 1 which provides: Possession of child pornography.”
State v. Lala, 2009 WI App 137 (Wis. Ct. App. 2009). “James E Lala appeals from a circuit court judgment convicting him of four counts of possession of child pornography, contrary to Wis. Stat. § 948.12 (lm) (2003-04). 1 Lala contends that the trial court erred in finding that the child depicted in the photographs was engaged in…”
Marsh v. People, 389 P.3d 100 (Colo. 2017). “26 (a) (West 2016) (“knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view”); Wis. Stat. Ann. § 948.12 (1m) (West 2016) (“possesses, or accesses in any way with the intent to view”).”
— Wis. Stat. § 948.12(1) — 1 case
State v. John E. Sowin (Wis. Ct. App. 2020).
— Wis. Stat. § 948.12(1m) — 28 cases
State v. John R. Brott, 2023 WI App 45 (Wis. Ct. App. 2023). “12, defines the crime of possession of child pornography and identifies the degree of felony resulting from its violation: (1m) Whoever possesses, or accesses in any way with the intent to view, any … photograph … of a child engaged in sexually explicit conduct under all of the…”
State v. Lindgren, 2004 WI App 159 (Wis. Ct. App. 2004). “§§ 948.12 and 939.50(3)(e) (2001-02), [1] one count of child enticement contrary to WIS.”
State v. Baric, 919 N.W.2d 221 (Wis. Ct. App. 2018).
State v. Bons, 2007 WI App 124 (Wis. Ct. App. 2007).
State v. John J. Drachenberg, 2023 WI App 61 (Wis. Ct. App. 2023).
— Wis. Stat. § 948.12(1m)(b) — 1 case
State v. Kris V. Zocco (Wis. Ct. App. 2019).
— Wis. Stat. § 948.12(3) — 1 case
State v. John R. Brott, 2023 WI App 45 (Wis. Ct. App. 2023). “12, defines the crime of possession of child pornography and identifies the degree of felony resulting from its violation: (1m) Whoever possesses, or accesses in any way with the intent to view, any … photograph … of a child engaged in sexually explicit conduct under all of the…”
— Wis. Stat. § 948.12(3)(a) — 1 case
State v. John R. Walton (Wis. Ct. App. 2025).
— Wis. Stat. § 948.12(l)(a) — 1 case
State v. Hoppe, 2008 WI App 89 (Wis. Ct. App. 2008).
— Wis. Stat. § 948.12(lm) — 3 cases
State v. Multaler, 2002 WI 35 (Wis. 2002). “2 Based on the contents of the disks, Multaler was charged with 79 counts of possession of child pornography in violation of Wis. Stat. § 948.12 (1997-98). 3 ¶ 4. Multaler moved to suppress the disks, arguing that the affidavit in support of the warrant to search his house was…”
State v. Van Buren, 2008 WI App 26 (Wis. Ct. App. 2008).
State v. Lala, 2009 WI App 137 (Wis. Ct. App. 2009). “James E Lala appeals from a circuit court judgment convicting him of four counts of possession of child pornography, contrary to Wis. Stat. § 948.12 (lm) (2003-04). 1 Lala contends that the trial court erred in finding that the child depicted in the photographs was engaged in…”
— Wis. Stat. § 948.12(lm)(a) — 1 case
State v. Hoppe, 2008 WI App 89 (Wis. 2009). “Hoppe, seeks review of a published decision of the court of appeals affirming a judgment convicting the defendant of 12 counts of possessing child pornography contrary to Wis. Stat. § 948.12 (lm) and an order denying the defendant's motion to withdraw his guilty plea.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.