State v. Weidner

¶ 1. This case is before the court on certification from the court of appeals. The State of Wisconsin contends that the circuit court erred in finding Wis. Stat. §948.11(2) (1997-98) 2 unconstitutional as applied to the defendant's actions in transmitting harmful material to a minor via the internet. We determine that the statute impermissibly shifts to the defendant the burden of proving knowledge of the victim's age and infringes on protected First Amendment expression. Because we conclude that Wis. Stat. § 948.11(2) is unconstitutional in the context of the internet and other situations…