A man charged with possession of virtual child pornography is trying to challenge the court system.
FOX11 reports that the attorney for 20-year-old Mellio Schneider filed a four-page motion saying the statute in the case is unconstitutional because the images Schneider allegedly possessed didn’t involve actual children and referenced a Supreme Court case for his argument.
A quote from motion says, “The Ferber Court recognized that some works of child pornography may have value and that virtual images were an alternative and permissible means of expression.”
The motion finishes by saying, “The state has chosen to prosecute Mr. Schnider for his alleged private possession of material it believes to be obscene, since if the materials were not obscene, his alleged conduct would not meet the elements of the offense. Because the First Amendment protects the right of Mr. Schneider to see or read or view obscene materials in the privacy of his own home, this prosecution directly implicates, and violates, the First Amendment.”
Wisconsin passed a 2024 bill that adds virtual child pornography possession laws.
According to the criminal complaint, there were over 13,000 files of virtual pornography, including files of anime or artistic renderings of child sexual abuse material.
Schneider will return to court on August 4th for a status conference.
