Statutory Interpretation – Motion to Dismiss

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Criminal

WI Court of Appeals – District II

Officials: Lundsten, Higginbotham and Sherman, JJ.

Statutory Interpretation – Motion to Dismiss

2014AP2270-CR State of Wisconsin v. Albert J. Chagnon

Where holding a notebook filled with magazine and newspaper cutouts of young girls failed to meet the definition of “capturing a representation” as defined  in Wis. Stat. §942.09

“The problem with this broad interpretation is that it has no apparent limit. So far as we can tell, under the State’s reading of the “stores” language, the storage of any magazines or newspapers that happen to contain photographs of children is prohibited when the person storing those publications is a sex offender. This means that Chagnon would have violated WIS. STAT. § 948.14(2)(a) if he had done nothing more with the publications he received than stack them in his room. There is nothing in the State’s explanation of the “stores … data” language that requires proof that Chagnon actually did anything with the original images except store them in some manner.”

Decision

Reversed and Remanded – Recommended for publication

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.