Wisconsin Sexting Laws (2026 Guide)


Unlike some states that have created specific “safe harbor” laws for teen sexting, Wisconsin has not enacted a distinct misdemeanor statute for minor-to-minor sexting. Instead, sexting involving minors is typically prosecuted under the state’s child pornography laws. However, Wisconsin statutes do make critical distinctions in penalties based on the age of the offender, classifying the offense as a lower-level felony for minors and exempting them from mandatory prison terms.

Under Wisconsin Statute § 948.12, possession of child pornography is a Class I felony for offenders under 18, whereas it is a Class D felony for adults. While this provides some mitigation, Wisconsin law remains strict: even for teenagers, a sexting conviction can technically result in a felony record and sex offender registration.

Key Points

  • Specific Teen Sexting Law: No (falls under Child Pornography)
  • Age of Majority: 18 years old
  • Minor-to-Minor: Class I Felony (§ 948.12)
  • Adult-to-Minor: Class D Felony (severe penalties)
  • Revenge Porn Law: Yes (§ 942.09)
  • Solicitation Exception: Yes, for minors soliciting minors (§ 942.09(4)(c))

Penalties at a Glance

  • Minor Possession: Up to 3.5 years prison, $10,000 fine (Class I Felony)
  • Adult Possession: Up to 25 years prison, $100,000 fine (Class D Felony)
  • Revenge Porn (Adult Victim): Class A Misdemeanor
  • Revenge Porn (Minor Victim): Class H or I Felony

Table of Contents

Teen Sexting & Child Pornography (§ 948.12)

Wisconsin does not have a separate “sexting” statute that downgrades the offense to a misdemeanor for teens. Instead, the relevant law is Wisconsin Statute § 948.12, “Possession of child pornography.”

This statute makes it illegal to possess, access with intent to view, or distribute any visual representation of a person under 18 engaged in sexually explicit conduct. This definition includes nude or semi-nude “selfies” commonly exchanged in sexting.

The “Minor” Distinction

While the offense is legally “child pornography,” the statute explicitly creates a different felony classification based on the offender’s age:

  • Offender is under 18: The violation is a Class I Felony.
  • Offender is 18 or older: The violation is a Class D Felony.

This distinction is found in § 948.12(3)(b). It recognizes that teen sexting should not be punished as severely as adult predation, but it still categorizes the act as a felony rather than a misdemeanor or civil infraction.

Penalties for Minors

Although classified as a felony, the penalties for minors are significantly lower than for adults, and minors are exempt from the mandatory minimum prison sentences that apply to adults.

Class I Felony Penalties

Under § 939.50(3)(i), a Class I felony is punishable by:

  • A fine not to exceed $10,000
  • Imprisonment not to exceed 3 years and 6 months
  • Or both

Exemption from Mandatory Minimums

For adults, a conviction under § 948.12 carries a mandatory minimum prison sentence of 3 years under § 939.617. However, subsection (3) of that statute explicitly exempts offenders under 18. This means a judge has full discretion to sentence a minor to probation, community service, or counseling instead of prison time.

Solicitation Exception for Minors

Wisconsin law includes a crucial exception for minors regarding the solicitation of explicit images. Under § 942.09(4), it is generally a felony to solicit an intimate representation from a minor.

However, § 942.09(4)(c) states: “Paragraph (a) does not apply if the person who solicits the intimate or private representation has not attained the age of 18 years.”

This means that if a 17-year-old asks their 16-year-old partner for a nude photo, they cannot be charged with the felony of solicitation under this specific statute. Note, however, that if they receive and possess the image, they could still theoretically be charged under § 948.12 (Possession).

Adults Sexting With Minors

For adults (18+), the laws are extremely severe. Sexting with a minor is prosecuted as a serious felony, regardless of whether the minor “consented” to sending the images.

Possession of Child Pornography (§ 948.12)

An adult who possesses explicit images of a minor commits a Class D Felony.

  • Penalty: Up to 25 years imprisonment and/or $100,000 fine.
  • Mandatory Minimum: 3 years confinement in prison (§ 939.617).
  • Distribution: Exhibiting or distributing the material (§ 948.12(2m)) is also a Class D Felony.

Solicitation of a Minor (§ 942.09(4))

An adult who solicits explicit images from a minor commits a Class I Felony (up to 3.5 years prison). This applies even if no images are actually sent.

Note on “Young Adults”: § 942.09(4)(b) creates a reduced penalty (Class A Misdemeanor) if the solicitor is between 18-21 years old and the minor is not more than 3 years younger.

Revenge Porn Laws (§ 942.09)

Wisconsin addresses non-consensual pornography (revenge porn) under § 942.09, “Representations depicting nudity.”

The Offense

It is illegal to post, publish, distribute, or exhibit a private intimate representation if:

  • The actor knows the depicted person did not consent to the distribution.
  • The depicted person had a reasonable expectation of privacy.

Penalties

  • Standard Offense (Adult Victim): Class A Misdemeanor (up to 9 months jail, $10,000 fine).
  • Minor Victim: If the victim is under 18, the offense escalates to a Class I Felony or Class H Felony under § 942.09(2)(dr) and (3m)(am).

Sex Offender Registration

One of the most serious risks of a sexting conviction in Wisconsin is the potential for sex offender registration. Unlike states with “safe harbor” laws that explicitly exempt teen sexting from registration, Wisconsin generally classifies violations of § 948.12 as registerable sex offenses under § 301.45.

  • Mandatory Registration: Generally, a conviction or adjudication of delinquency for child pornography requires registration.
  • Duration: Registration typically lasts for 15 years following the end of the sentence or supervision.
  • Public Registry: Registrants may appear on the public sex offender website, which can affect future housing, employment, and education.

Because of this severe consequence, defense attorneys often negotiate aggressively to have charges amended to non-registrable offenses or seek judicial exemptions where possible.

Frequently Asked Questions

Is there a “Romeo and Juliet” law for sexting in Wisconsin?

Wisconsin does not have a specific “Romeo and Juliet” exemption written directly into the child pornography possession statute (§ 948.12). However, the law distinguishes penalties based on age: minors face a Class I felony instead of the much more severe Class D felony faced by adults. Additionally, the specific law against soliciting images (§ 942.09(4)) exempts minors who solicit other minors.

Can I go to prison for sending a nude photo as a teenager?

Legally, yes. Possession or distribution of child pornography is a Class I felony for minors, punishable by up to 3.5 years in prison. However, minors are exempt from the mandatory minimum 3-year sentence that applies to adults. In practice, first-time juvenile offenders are often diverted to probation or counseling rather than prison, but this depends entirely on the judge and prosecutor.

Does Wisconsin treat teen sexting as a felony or misdemeanor?

It is technically a Class I Felony under § 948.12(3)(b). Wisconsin differs from states like Texas or California that have downgraded teen sexting to a misdemeanor. This felony classification makes legal representation critical.

What if I just received the photo and didn’t ask for it?

Possession (§ 948.12) requires that you “knowingly” possess the material. If you receive an unsolicited image, you should delete it immediately and not share it. Keeping it or showing it to others constitutes possession or distribution. Unlike some states, Wisconsin explicitly criminalizes “viewing” with intent to view.

If I am 19 and my girlfriend is 17, can we sext?

No. In Wisconsin, once you turn 18, you are an adult. Possessing a nude image of a 17-year-old is a Class D Felony (Child Pornography) carrying a mandatory minimum of 3 years in prison. The “close in age” defenses for sexual contact do not automatically apply to child pornography possession statutes.

Can parents be liable?

Generally, parents are not criminally liable for their child’s actions unless they facilitated the crime. However, under § 942.09(2)(bm), parents have a limited right to possess images of their own child for legal/protective purposes (e.g., reporting a crime), but this is a narrow exception.

What to Do If Charged

Because Wisconsin treats sexting as a felony offense with potential registration requirements, taking immediate action is vital:

1. Do Not Delete Evidence

While it seems intuitive to delete the images, doing so after an investigation has started can lead to charges of Tampering with Evidence. Let your attorney handle evidence preservation.

2. Remain Silent

Police may try to downplay the situation to get a confession (“Just tell us what happened so we can clear this up”). Do not speak to police without an attorney. Admissions can be used to prove “intent” or “knowledge,” which are key elements of the crime.

3. Hire a Specialist Attorney

Find a criminal defense attorney experienced specifically with Wisconsin’s child pornography laws and juvenile justice system. They may be able to negotiate a plea to a lesser charge (like Disorderly Conduct) to avoid the felony record and sex offender registration.

Resources

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Statutes

This article provides general legal information about Wisconsin sexting laws as of February 2026. Laws regarding technology and digital crimes change frequently. This information is not legal advice. If you are facing legal issues, consult a qualified Wisconsin criminal defense attorney immediately.

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