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Is Revenge Porn Illegal in Wisconsin?

Exchanging and sharing intimate photos or videos through texts with someone you’re romantically involved with is popular among teenagers and adults in this modern era. Unfortunately, when the relationship doesn’t end on amicable and respectful terms, it is not uncommon for a bitter ex to post an intimate picture to show the world their former partner’s private body parts to cause substantial embarrassment and harassment.

Revenge porn is defined as sharing nude or sexually elicit materials of a former lover online following a breakup. Although some states bring harassment charges for this type of crime, many states have passed laws which specifically addresses revenge porn as a criminal offense.

In 2014, Wisconsin became one of those states which have enacted revenge porn statutes. The law is mainly based on “private representation,” consisting of pictures or videos—of someone who is nude or engaging in sexual conduct—intended for a specific person who recorded the materials or was sent the materials by the individual in the pictures or videos. That legislation is designed to include private materials shared by romantic partners.

Posting a private representation online or in any form without the consent of the person who the subject of those materials, it is considered a Class A misdemeanor that carries a maximum nine-month jail sentence and a fine not exceeding $10,000. However, if the person in the photos or videos is under 18 years of age, it is a Class I felony, which is punishable by a maximum prison sentence of three years and six months and a fine of up to $10,000.

However, this law doesn’t apply to parents who take pictures of record videos of their children in the nude and share it with others. For example, photos of your mother giving a child a bath would not be a violation of Wisconsin’s revenge porn law.

If you are facing revenge porn charges in Milwaukee, contact our knowledgeable and skilled criminal defense lawyer at the Law Offices of Christopher J. Cherella. Get 20+ years of legal experience on your side today.

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