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STATE v. WEIDNER

No. 99-1334-CR.

235 Wis.2d 306 (2000)

2000 WI 52

611 N.W.2d 684

STATE of Wisconsin, Plaintiff-Appellant, v. Lane R. WEIDNER, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 16, 2000.

Attorney(s) appearing for the Case

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

For the defendant-respondent there was a brief and oral argument by Steven D. Phillips, assistant state public defender.

An amicus curiae brief was filed by Robert R. Henak and Henak Law Office, S.C., Milwaukee, on behalf of the American Civil Liberties Union of Wisconsin.

¶ 1. ANN WALSH BRADLEY, J.

This case is before the court on certification from the court of appeals.1 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...

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