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Internet stings have caused the arrest of several Wisconsin residents. But are the police arresting the right people? Are the arrested persons sexual predators or predisposed to such actions? ABC News focuses on the crime and the sting. Attorney Chris Van Wagner says he is questioning whether the stings aren't entrapment or pure outrageous government conduct. |
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Unlawful Music Recording & DownloadsUnder Wisconsin Statutes, Chapter 943, Crimes Against Property, the production, advertising, offering for sale or rent, selling, renting, transporting or possessing of unlawful recordings is made illegal. A violation of those statutes subjects a person to the penalties of a misdemeanor or felony offense, depending upon the value of the recordings, the number of copies, and the distribution of those copies made over a 180-day period of time. If the value of the recordings is less than $2,500 and the quantity is under 1,000 sound recordings or 100 audiovisual recordings, the person may be penalized for a Class A misdemeanor. If the value exceeds $2,500, then the penalties may increase to those for a Class I felony, but if the quantity is in exceeds of the minimum for a misdemeanor, then a Class H felony. Transfer of Recorded Sounds For Unlawful UseIf a person intentionally and knowingly transfers, without the owner's consent, any sounds first embodied in or on a recording before February 15, 1972, advertises, offers for sale or rent, sells, rents, or possesses any recording with intent to sell or rent the recording for commercial advantage or private financial gain, or if a person transports such a recording within this state for commercial advantage or private financial gain, then the person has committed a crime. If the person transfers sounds into or onto fewer than 1,000 recordings or advertises, offers for sale or rent, sells, rents, possesses or transports fewer than 1,000 recordings during a 180-day period, or transfers sounds on or to the Internet which are never replayed or are replayed by others from the Internet fewer than 1,000 times during a 180-day period, and the value of the recordings equals or is less than $2,500, then the person is subject to the penalties provided for a Class A misdemeanor. However, if the value of the recordings exceeds $2,500, then the person is subject to the penalties provided for a Class I felony. If the recordings are made upon more than 1,000 mediums or replayed more than 1,000 times within a 180-day period, or if the person has previously been convicted of unlawful use or transfer of recorded sounds, then the person is subject to the penalties provided for a Class H felony. Recording Performance Without ConsentIf a person creates a recording of a performance without consent of the performance owner and with intent to sell or rent the recording, or advertises, offers for sale or rent, sells, rents or transports a performance recording with knowledge that the sounds, images or both from the performance embodied in the recording were recorded without the consent of the performance owner, or if a person possesses those sounds with intent to deliver them in any manner, then a crime has been committed. If fewer than 1,000 sound recordings or 100 audiovisual recordings are created, advertised, offered for sale or rent, sold, rented, transported or possessed, and the value of those recordings is less than $2,500, then the person is subject to the penalties provided for a Class A misdemeanor. If the value of those recordings exceeds $2,500, then the penalties are increased to a Class I felony. If the quantity exceeds 1,000 sound recordings or 100 audiovisual recordings, then the person is subject to the penalties of a Class H felony. Failure To Disclose Manufacturer of RecordingIf a person knowingly advertises or possesses with intent to advertise, offers for sale or rent, sells, rents or transports a recording that does not contain the name and address of the manufacturer in a prominent place on the cover, jacket or label of the recording, a crime is committed. If fewer than 100 recordings are advertised, offered for sale or rent, sold, rented, transported or possessed during a 180-day period and the value of the recordings does not exceed $2,500, then the person is subject to the penalties provided for a Class A misdemeanor. If the value exceeds $2,500, then the penalties are increased to those of a Class I felony. If more than 100 recordings are involved in a 180-day period, the penalties increase to a Class H felony. Free Initial ConsultationIf you are under investigation for an alleged recording crime or a crime committed on the Internet, if you have been arrested, or if you have already convicted but believe your conviction was wrong or your sentence was inappropriate or too harsh, please call ( or ) or e-mail the attorneys at Van Wagner & Wood right away. They will give you a free brief but professional "first-impression" analysis of your case and your situation, which will allow you to take an important first step in defending the case against you. |
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