Full question:
Is sexting to a minor illegal in Wisconsin?
- Category: Mobile Phones
- Subcategory: Sexting
- Date:
- State: Wisconsin
Answer:
In Wisconsin, it is illegal to expose genitals to a child for sexual arousal or gratification under WIS. STAT. § 948.10(1)(a), which is classified as a Class I felony. This law was tested in the case of State v. Zachary P. Stuckey, where Stuckey, an eighteen-year-old, sent a photo of his genitals to a fourteen-year-old girl via the internet, a practice known as sexting. Stuckey argued that the law required in-person exposure, and the circuit court agreed, dismissing the charge against him.
The State appealed, asserting that the law should apply to both in-person and remote exposures. However, the court found that WIS. STAT. § 948.10 does not require the actor to know the victim's age or have face-to-face contact, which is necessary for applying this statute. The court emphasized that the law only applies when there is direct interaction with the child at the time of the offense.
Thus, while sexting to a minor can be charged under WIS. STAT. § 948.11 for sending harmful material to a child, WIS. STAT. § 948.10 cannot be applied to cases involving digital exposure without face-to-face contact. Therefore, sexting to a minor may not be prosecuted under this specific statute in Wisconsin.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.