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STATE v. ZARNKE

No. 97-1664-CR.

224 Wis.2d 116 (1999)

589 N.W.2d 370

STATE of Wisconsin, Plaintiff-Appellant, v. Joel R. ZARNKE, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided February 26, 1999.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Michael R. Cohen and Wachowski, Johnson & Cohen, S.C. Eau Claire and oral argument by Michael R. Cohen.

For the plaintiff-appellant the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. DONALD W. STEINMETZ, J.

The issue before the court is whether Wis. Stat. § 948.05 prohibiting the sexual exploitation of a child violates the First and Fourteenth Amendments to the United States Constitution and Article I, § 3 of the Wisconsin Constitution for failing to require that the State prove that a distributor of sexually explicit materials had knowledge of the minority of the person(s) depicted...

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