State v. Holcomb

¶ 1.

HAGEDORN, J.

This case requires us to

interpret Wis. Stat. § 939.617 (2013-14),1 which prescribes minimum sentences for certain child sex offenses. Specifically, the main question before us is whether and when a circuit court may impose less than three years' initial confinement for possession of child pornography. We hold that § 939.617(2) authorizes a circuit court to depart from the minimum and impose either probation or initial confinement of less than three years only if the defendant is not more than forty-eight months older than the child-victim.

*650 Background,

¶ 2. In 2014, Markus…