Van Wagner & Wood :: Criminal Defense :: Sex Crimes :: Sexual Assault :: Sexual Assault Of Minor Child
Attorney Christopher Van Wagner  ::  Attorney Tracey Wood

Obscene Material Or Performance

Criminal Defense Attorney Christopher T. Van Wagner & Attorney Tracey A. Wood

Under Wisconsin law, obscene material means any writing, picture, film, or other recording that given the local cultural attitude and community standards, the average person would find offensive, or lacks serious literary, artistic, political, educational or scientific value if taken as a whole. An obscene performance means a live exhibition before an audience which the average person under local community standards describes or shows sexual conduct in an offensive manner, lacks serious literary, artistic, political, educational or scientific value, or would offend if taken as a whole.

Wisconsin statute (WI Statute 944.21) provides that anyone who with knowledge of the character and content of the material or performance and for commercial purposes imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or distributes any obscene material, produces or performs in any obscene performance, or requires as a condition to the purchase of periodicals that a retailer accept obscene material has committed a crime punishable by forfeiture, fine, jail, or imprisonment.

A person who is convicted under Wisconsin's obscenity laws is guilty of a Class A forfeiture, unless the person has previously been convicted of an obscenity crime. If the person has one prior conviction, then the offense is a Class A misdemeanor, or if the person has two or more prior convictions, then the person is guilty of a Class H felony, so long as the prior convictions occurred on or after June 17, 1988, unless the current conviction is for a wholesale transfer or distribution of obscene material in which case the offense is also a Class H felony. Each day a violation occurs is a separate offense.

Typically, a printer who does not have editorial review or control of printed matter is not subject to prosecution under the obscene materials laws of Wisconsin.

Lewd, Obscene or Indecent Drawings

If a person is accused and convicted of making any lewd, obscene or indecent drawing or writing in a public place, he or she is guilty of a Class C misdemeanor.

Obscene or Sexually Explicit E-mail

Under Wisconsin law (WI Statute 944.25), unsolicited e-mail solicitations containing obscene material or sexually explicit conduct without including the words "ADULT ADVERTISEMENT" in the subject line of the e-mail is unlawful, and anyone convicted of sending such unlawful e-mail is guilty of a Class A misdemeanor.

Criminal Defense Attorneys

Van Wagner & Wood is a criminal defense law firm located in Madison, Wisconsin. The firm's address and a link to a map are below. The attorneys at Van Wagner & Wood, Christopher Van Wagner and Tracey Wood, represent people under investigation for a crime or drunk driving offense or people arrested and charged with a crime or DUI throughout Wisconsin (a list of the courts where those attorneys most frequently appear is provided below and on the Wisconsin court page). Those attorneys also represent people previously convicted of a crime or drunk driving who want to challenge or directly appeal the conviction or sentence.

Related Information:
Attorney Christopher Van Wagner | Attorney Tracey Wood | Firm Overview
Sexual Gratification | Child Pornography | Sex Crimes
Felony Charges | Felony Penalties | Misdemeanor Charges | Misdemeanor Penalties
Jury Trials | Appeals | Prior Conviction Challenges

Free Initial First-Impression Analysis

The criminal defense attorneys at Van Wagner & Wood are very experienced in defending people who have been charged with a crime or drunk driving, and they are very straightforward with their clients, never sugar coating the true or building a client up only to let them down in the end. For that reason, they prefer to refer to a first initial consultation as a mere first impression analysis because no good criminal defense attorney can even begin to fully digest all of the complexities of a sex crime case in the short and often hurried first meeting. If you would like a straightforward brief and professional opinion about the reality of the state's case against you and how you might prevail, please call ( in the Madison area, or statewide) the attorneys at Van Wagner & Wood for a brief but professional free first-impression analysis of your case. You can also send your case information online, or email the attorneys.