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State v. Stuckey

349 Wis. 2d 654, 837 N.W.2d 160 (2013)

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State v. Stuckey

Wisconsin Court of Appeals

349 Wis. 2d 654, 837 N.W.2d 160 (2013)

Facts

Zachary Stuckey (defendant) met Jane Doe, a 14-year-old girl, through Facebook when he was 18 years old. Without ever meeting Doe in person, Stuckey texted Doe a picture of his penis, an act colloquially referred to as sexting. The State of Wisconsin charged Stuckey with exposing his genitals to a minor. Stuckey moved to dismiss, arguing that the Wisconsin exposure statute only applied to face-to-face, in-person exposure and did not apply to internet or telephonic communications. The trial court granted Stuckey’s motion. The state appealed, arguing that the exposure statute could be applied to sexting because the statute did not require the state to prove scienter, meaning that the state was not required to prove that Stuckey knew Doe was a minor when he exposed himself to her via text.

Rule of Law

Issue

Holding and Reasoning (Reilly, J.)

Concurrence (Gundrum, J.)

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