Answer: In Wisconsin, possession of child pornography is possession or the ability to access with intent to view anything that shows a child engaging in sexually explicit conduct. So it can be even a negative photograph, film, video, motion picture. There’s so many ways to take video or pictures these days; any of that is covered under our law. In order to be prosecuted, it has to be shown that the person knows that they have access to that material, knows or should know that it is sexually explicit conduct and knows or should know that the person depicted is under the age of 18, has not yet attained 18 years of age.
If those are all met, then it is a Class D felony, which is a high level felony, and it carries a mandatory minimum of three years in prison. So someone convicted of even one photograph of a child under the age of 18 engaging in sexually explicit material, it is mandatory for the judge to send that person to prison for three years.