[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.lawtoncates.com\/blog\/the-dangers-of-sexting-in-wisconsin\/#BlogPosting","mainEntityOfPage":"https:\/\/www.lawtoncates.com\/blog\/the-dangers-of-sexting-in-wisconsin\/","headline":"The Dangers Of Sexting In Wisconsin","name":"The Dangers Of Sexting In Wisconsin","description":"What is Sexting? \u201cSexting\u201d generally refers to the act of sending sexually explicit messages, photos, or video primarily between mobile phones. Over the last several years the number of people \u201csexting\u201d has increased while the ages of the people creating the sexual explicit images seem to be decreasing. Seizing upon the popularity of sexting, there […]","datePublished":"2016-03-08","dateModified":"2025-10-14","author":{"@type":"Person","@id":"https:\/\/www.lawtoncates.com\/blog\/author\/david\/#Person","name":"David Stegall","url":"https:\/\/www.lawtoncates.com\/blog\/author\/david\/","identifier":27,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4033f14082fbf98594f62110b278bdabc2f69641b5dee83923ee8c9a27fba7de?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4033f14082fbf98594f62110b278bdabc2f69641b5dee83923ee8c9a27fba7de?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"LawtonCates, S.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/lawtoncates-logo.png","url":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/03\/lawtoncates-logo.png","width":438,"height":73}},"image":{"@type":"ImageObject","@id":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/04\/lawton-cates-attorneys.jpg","url":"https:\/\/www.lawtoncates.com\/wp-content\/uploads\/2024\/04\/lawton-cates-attorneys.jpg","width":694,"height":550},"url":"https:\/\/www.lawtoncates.com\/blog\/the-dangers-of-sexting-in-wisconsin\/","about":["Criminal Law"],"wordCount":739,"articleBody":"What is Sexting?\u201cSexting\u201d generally refers to the act of sending sexually explicit messages, photos, or video primarily between mobile phones. Over the last several years the number of people \u201csexting\u201d has increased while the ages of the people creating the sexual explicit images seem to be decreasing.Seizing upon the popularity of sexting, there have been apps developed such as Snapchat that are designed specifically as video messaging\u00a0applications.\u00a0Using Snapchat,\u00a0users can take photos, record videos, add text and drawings, and effortlessly distribute those images electronically. The user created content (i.e. photographs or videos) are known as “snaps.” What differentiates Snapchat from other social networking apps is that \u201csnaps\u201d have a self-destruct feature.\u00a0 In fact, Snapchat\u2019s claim to fame is that the sent file \u201cself-destructs\u201d after viewing in the sense that it disappears from the recipient\u2019s mobile device and is deleted from Snapchat’s servers.To give you some sense of how popular this particular app has become, according to Snapchat in May 2014, the app’s users were sending 700 million photos and videos per day.Because of its \u201cself-destruct\u201d reputation, the app is a popular tool among young people for transmitting sexually explicit material. In fact, Snapchat claims that 50% of its users are between 13-17 years of age, which could present serious, perhaps unintended, criminal consequences for unwary users.As more and more people are discovering, Snapchat\u2019s self-destruct feature does not delete files in the\u00a0Mission: Impossible\u00a0sense.\u00a0 Snapchat has long claimed that it notifies senders when a receiver takes a screenshot of the snap on their mobile device.\u00a0However, it did not take long for people to realize there were very simple workarounds to evade the app\u2019s screenshot detective.\u00a0This reality has led to the widespread dissemination of sexual explicit material that can have devastating consequences for both the person depicted in the photo\/video and any other person \u201cdownstream\u201d that disseminates or merely possesses the material.Penalties for SextingUnlike some other states, Wisconsin does not have a specific statute to combat sexting.\u00a0As a result prosecutors typically rely upon child pornography laws and related statutes.\u00a0The statutes at play in these cases are felonies and come with severe consequences.\u00a0 For example, under our child pornography law, it is illegal to possess or view a visual depiction of a child engaged in sexual conduct\u2014including depictions sent via mobile device.\u00a0Worse still, upon conviction there is a $500 fine for each image and a mandatory minimum prison term of at least three years of initial confinement!It is also a crime for an adult to cause a child to view sexual activity for the purpose of that adult\u2019s sexual arousal or gratification. \u00a0If that was not bad enough, if a person is convicted of sexting with a minor he or she may be required, in addition to the fines and prison term described above, to register as a sex offender.RecommendationsBased on my experience, the ease of sexting via mobile devices in addition to the false sense of security created by apps like Snapchat, makes sexting a very dangerous proposition in Wisconsin.\u00a0Below I offer five suggestions to help deal with this issue:Don\u2019t Do It.\u00a0 A simple rule of thumb is do not take any pictures of yourself that you would not want the most important people in your life (e.g. parents, employers, teachers, etc.) to see. Remember, once you send an image you have no control where that image may travel to or how many people will view it.If a child receives a \u201csext\u201d he or she should disclose that information to an adult, consider reporting it to your local police, or report it online at\u00a0www.cybertipline.org.Remember, if you forward a sexual picture of someone underage you are just as guilty as the original sender.Although it can be an uncomfortable topic for parents, the standard \u201csex talk\u201d now should include a \u201ctechnology talk\u201d where topics such as sexting are discussed.Consult with an attorney immediately if you or a family member are being investigated or charged with a crime for sexting.\u00a0 As described above, law enforcement is taking a very proactive approach to sexting investigations and the cases have the potential to have life altering consequences.I hope you found this blog informative.\u00a0 I welcome any comments or questions.\u00a0 Please feel free to contact me directly at dstegall@lawtoncates.com."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.lawtoncates.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"The Dangers Of Sexting In Wisconsin","item":"https:\/\/www.lawtoncates.com\/blog\/the-dangers-of-sexting-in-wisconsin\/#breadcrumbitem"}]}]