(1) In this section, “image” includes a video recording, a visual representation, a positive or negative image on exposed film, and data representing a visual image. (2) If a court imposes a sentence or places a person on probation for a crime under s. 948.05, 948.12, or 948.125 and the person was at least 18 years of age when the crime was committed, the court shall impose a child pornography surcharge of $500 for each image or each copy of an image associated with the crime. The court shall determine the number of images or copies of images associated with the crime by a preponderance of the evidence and without a jury. (4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. (5) The secretary of administration shall credit the surcharge to the appropriation account under s. 20.455 (5) (gj). (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the child pornography surcharge under this section, the department shall assess and collect the amount owed from the inmate’s wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration.
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