Wisconsin Sexting Laws: Legal Consequences and Penalties
Teen Sexting & Child Pornography (§ 948.12)
Wisconsin does not have a separate "sexting" statute that downgrades the offense to a misdemeanor for teens. Instead, the relevant law is Wisconsin Statute § 948.12, "Possession of child pornography."
This statute makes it illegal to possess, access with intent to view, or distribute any visual representation of a person under 18 engaged in sexually explicit conduct. This definition includes nude or semi-nude "selfies" commonly exchanged in sexting.
The "Minor" Distinction
While the offense is legally "child pornography," the statute explicitly creates a different felony classification based on the offender's age:
- Offender is under 18: The violation is a Class I Felony.
- Offender is 18 or older: The violation is a Class D Felony.
This distinction is found in § 948.12(3)(b). It recognizes that teen sexting should not be punished as severely as adult predation, but it still categorizes the act as a felony rather than a misdemeanor or civil infraction.
Penalties for Minors
Although classified as a felony, the penalties for minors are significantly lower than for adults, and minors are exempt from the mandatory minimum prison sentences that apply to adults.
Class I Felony Penalties
Under § 939.50(3)(i), a Class I felony is punishable by:
- A fine not to exceed $10,000
- Imprisonment not to exceed 3 years and 6 months
- Or both
Exemption from Mandatory Minimums
For adults, a conviction under § 948.12 carries a mandatory minimum prison sentence of 3 years under § 939.617. However, subsection (3) of that statute explicitly exempts offenders under 18. This means a judge has full discretion to sentence a minor to probation, community service, or counseling instead of prison time.
Solicitation Exception for Minors
Wisconsin law includes a crucial exception for minors regarding the solicitation of explicit images. Under § 942.09(4), it is generally a felony to solicit an intimate representation from a minor.
However, § 942.09(4)(c) states: "Paragraph (a) does not apply if the person who solicits the intimate or private representation has not attained the age of 18 years."
This means that if a 17-year-old asks their 16-year-old partner for a nude photo, they cannot be charged with the felony of solicitation under this specific statute. Note, however, that if they receive and possess the image, they could still theoretically be charged under § 948.12 (Possession).
Adults Sexting With Minors
For adults (18+), the laws are extremely severe. Sexting with a minor is prosecuted as a serious felony, regardless of whether the minor "consented" to sending the images.
Possession of Child Pornography (§ 948.12)
An adult who possesses explicit images of a minor commits a Class D Felony.
- Penalty: Up to 25 years imprisonment and/or $100,000 fine.
- Mandatory Minimum: 3 years confinement in prison (§ 939.617).
- Distribution: Exhibiting or distributing the material (§ 948.12(2m)) is also a Class D Felony.
Solicitation of a Minor (§ 942.09(4))
An adult who solicits explicit images from a minor commits a Class I Felony (up to 3.5 years prison). This applies even if no images are actually sent.
Note on "Young Adults": § 942.09(4)(b) creates a reduced penalty (Class A Misdemeanor) if the solicitor is between 18-21 years old and the minor is not more than 3 years younger.
Revenge Porn Laws (§ 942.09)
Wisconsin addresses non-consensual pornography (revenge porn) under § 942.09, "Representations depicting nudity."
The Offense
It is illegal to post, publish, distribute, or exhibit a private intimate representation if:
- The actor knows the depicted person did not consent to the distribution.
- The depicted person had a reasonable expectation of privacy.
Penalties
- Standard Offense (Adult Victim): Class A Misdemeanor (up to 9 months jail, $10,000 fine).
- Minor Victim: If the victim is under 18, the offense escalates to a Class I Felony or Class H Felony under § 942.09(2)(dr) and (3m)(am).
Sex Offender Registration
One of the most serious risks of a sexting conviction in Wisconsin is the potential for sex offender registration. Unlike states with "safe harbor" laws that explicitly exempt teen sexting from registration, Wisconsin generally classifies violations of § 948.12 as registerable sex offenses under § 301.45.
- Mandatory Registration: Generally, a conviction or adjudication of delinquency for child pornography requires registration.
- Duration: Registration typically lasts for 15 years following the end of the sentence or supervision.
- Public Registry: Registrants may appear on the public sex offender website, which can affect future housing, employment, and education.
Because of this severe consequence, defense attorneys often negotiate aggressively to have charges amended to non-registrable offenses or seek judicial exemptions where possible.
More Wisconsin Laws
Sources and References
- State Bar of Wisconsin Lawyer Referral(www.wisbar.org)
- Wisconsin Sex Offender Registry Information(doc.wi.gov).gov
- Cyber Civil Rights Initiative(www.cybercivilrights.org)
- Wis. Stat. § 948.12 (Child Pornography)(docs.legis.wisconsin.gov).gov
- Wis. Stat. § 942.09 (Privacy & Representations)(docs.legis.wisconsin.gov).gov