2010 Wisconsin Code
Chapter 973. Sentencing.
973.042 Child pornography surcharge.

973.042

973.042 Child pornography surcharge.

973.042(1)

(1) In this section, "image" includes a video recording, a visual representation, a positive or negative image on exposed film, and data representing a visual image.

973.042(2)

(2) If a court imposes a sentence or places a person on probation for a crime under s. 948.05 or 948.12 and the person was at least 18 years of age when the crime was committed, the court shall impose a child pornography surcharge of $500 for each image or each copy of an image associated with the crime. The court shall determine the number of images or copies of images associated with the crime by a preponderance of the evidence and without a jury.

973.042(3)

(3) The clerk shall record any surcharge imposed under this section in 3 parts as follows:

973.042(3)(a)

(a) Part A is 50 percent of any amount collected.

973.042(3)(b)

(b) Part B is 30 percent of any amount collected.

973.042(3)(c)

(c) Part C is 20 percent of any amount collected.

973.042(4)

(4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

973.042(5)

(5) The secretary of administration shall credit part A of the surcharge to the appropriation account under s. 20.410 (1) (gj). The secretary of administration shall credit part B of the surcharge to the appropriation account under s. 20.455 (2) (gj). The secretary of administration shall credit part C of the surcharge to the appropriation account under s. 20.505 (6) (gj).

973.042(6)

(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the child pornography surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.

973.042 - ANNOT.

History: 2005 a. 433.