• 18
  • February
    2011

Allegations that you possessed, distributed or produced child pornography can be absolutely devastating. In addition to facing prosecution by the state or federal government, you may also find yourself to be the subject of unwelcome media coverage.

This was recently the case in Wisconsin, where a teenage girl was facing possession of child pornography charges. Her crime? Sending nude photos of herself to her teenage boyfriend.

According to the criminal complaint, nude photographs of Vanessa K. - who was 16 at the time the photos were taken - were discovered on a flash drive belonging to her 18-year-old boyfriend, Brandon S.

Vanessa K., now 17, later admitted to law enforcement officials that she had taken the photographs herself, while Brandon S. informed them that the explicit photographs had been sent to him by Vanessa K. via the internet.

Interestingly enough, prosecutors in the Marquette County District Attorney's Office recently made a deal with Vanessa K. that will result in no criminal sanctions.

Specifically, the deferred prosecution agreement dictates that the charges against her will be dismissed so long as she commits no criminal offenses over the next year and a half.

District Attorney Dick DuFour referred to the agreement as "a reasonable way of solving the case."

The agreement will also prevent an appellate court from addressing the potentially complex legal issue of whether children in possession of nude photos of themselves can be charged with possession of child pornography.

"I don't believe there is any case law one way or the other in Wisconsin [on this particular issue], said DuFour. "Ultimately, I don't know what a court of appeals or the Supreme Court would have decided."

It is worth noting that the charges against Brandon S. have not been dropped.

Stay tuned for further developments from our Dallas criminal defense blog ...

If you or a family member has been charged with possession/distribution of child pornography or an internet sex crime, be certain to contact an experienced legal professional.

All suspects are innocent until proven guilty. Names have been withheld to protect the identity/rights of the accused.

Related Resources:

Teen accused of possession of child porn will not face charges (The Wisconsin State Journal)