What is a Felony H in Wisconsin?
In Wisconsin, a felony is the most serious type of crime, punishable by a sentence of more than one year in prison. Within the realm of felonies, there is a specific category known as Felony H, which carries a unique set of characteristics and consequences. In this article, we will delve into the definition, charges, penalties, and other important aspects of Felony H in Wisconsin.
What is a Felony H?
Felony H, also known as Wisconsin Statute 948.03, is a felony charge that involves the use of a computer to facilitate a child sex crime. This statute makes it illegal to use a computer to communicate with a minor, engage in sexual conduct with a minor, or attempt to do so.
Charges and Penalties
Felony H charges can be brought against an individual who:
- Uses a computer to facilitate a child sex crime, such as:
- Sending or receiving sexually explicit images or messages with a minor
- Engaging in online sexual activities with a minor
- Using a computer to recruit or solicit a minor for sexual purposes
- Communicates with a minor for sexual purposes, including:
- Engaging in online conversations with a minor about sexual topics
- Sending or receiving sexual messages or images with a minor
- Possesses or distributes child pornography, including:
- Possessing images or videos of minors engaged in sexual activities
- Distributing or sharing such materials with others
Penalties for Felony H
The penalties for Felony H in Wisconsin are severe and can include:
- Prison time: Up to 25 years in prison
- Fines: Up to $100,000
- Registration as a sex offender: Mandatory registration as a sex offender under the Wisconsin Sex Offender Registration Act
- Loss of civil rights: Felony H convictions can result in the loss of certain civil rights, such as the right to vote or own a firearm
Other Consequences
In addition to the penalties listed above, a Felony H conviction can also have significant consequences for an individual’s personal and professional life, including:
- Loss of employment: Many employers will not hire individuals with a Felony H conviction
- Difficulty finding housing: Many landlords will not rent to individuals with a Felony H conviction
- Social stigma: A Felony H conviction can carry a significant social stigma, making it difficult to form relationships or maintain a professional reputation
Defenses and Strategies
While a Felony H charge can be serious, there are several defenses and strategies that can be used to fight the charge, including:
- Lack of intent: If the individual did not intend to use the computer to facilitate a child sex crime, this can be used as a defense
- Entrapment: If law enforcement entrapped the individual into committing the crime, this can be used as a defense
- Insufficient evidence: If the prosecution’s evidence is insufficient or unreliable, this can be used to challenge the charge
Table: Felony H vs. Other Child Sex Crime Charges
| Charge | Description | Penalty |
|---|---|---|
| Felony H | Using a computer to facilitate a child sex crime | Up to 25 years in prison, $100,000 fine |
| Child Enticement | Luring a minor into a sexual encounter | Up to 30 years in prison, $50,000 fine |
| Child Sex Trafficking | Recruiting or forcing a minor into prostitution | Up to 40 years in prison, $50,000 fine |
| Child Pornography | Possessing or distributing child pornography | Up to 20 years in prison, $10,000 fine |
Conclusion
Felony H is a serious crime in Wisconsin that carries significant penalties and consequences. It is essential for individuals facing these charges to understand the law and the potential outcomes. By working with a qualified attorney, individuals can develop effective defenses and strategies to fight the charge and minimize the potential consequences.
