Legal Opinion

State v. Stuckey

Court of Appeals of Wisconsin

Decided July 17, 2013No. 2012AP1776-CRPublished

1Opinion of the CourtReilly, J.

¶ 1. Wisconsin Stat. § 948.10(l)(a) (2011-12)1 establishes that it is a Class I felony when one exposes genitals to a child "for purposes of sexual arousal or sexual gratification." An example of the type of actor targeted by this statute is the sexual pervert who exposes himself to a child in a park. The twist in this case is that the State charged Zachary Stuckey with violating this statute by taking a picture of his penis and then sending the picture via the internet (colloquially known as "sexting") to a fourteen-year-old girl. Stuckey moved to dismiss this charge, arguing that § 948.10…

2Cases cited9 opinions

  1. Roth v. United StatesSupreme Court of the United States · 1957
  2. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  3. State v. TrochinskiWisconsin Supreme Court · 2002
  4. State v. ThielWisconsin Supreme Court · 1994
  5. State v. WeidnerWisconsin Supreme Court · 2000

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