Minocqua man avoids jail time, but must register as sex offender

A Minocqua man found in possession of child pornography in 2024 was sentenced on Sept. 5 and will avoid jail time.

Marathon County judge Gregory Strasser handed down the sentence to Jacob Riley Collins, 23, for four misdemeanor class A charges of possessing harmful material exposing a child and one felony class I charge of exposing a child to harmful material.

Collins was charged in May of 2024 after a law enforcement search of his phone and laptop turned up approximately 47 photos and 423 videos depicting children engaged in sexually explicit content. A tip from the National Center for Missing and Exploited Children led investigators to Collins. 

The defendant was originally charged with two class D felony counts, but that was amended and Collins was charged with four misdemeanor counts and one felony count instead. He pleaded guilty to all those charges on May 12.

Court records show Collins received three years of probation for the misdemeanor counts, and three years probation for the felony count, all of which are concurrent to each count. He will also have to register as a sex offender, have a mental health evaluation and follow through, may not have any access to the internet without permission from his probation officer, may not have contact with anyone under the age of 18 without permission from his probation officer, a DNA sample taken, and any other counseling and conditions deemed appropriate by his probation officer. 

The Sept. 5 sentencing hearing lasted roughly an hour and, according to court records, the state’s recommendation differed from what was suggested by Collins’ attorney Joel Hirschhorn. 

Two expert witnesses were called to the stand for testimony. Those two were Dr. Steven Benson and Tim Koller — both performed a mental health evaluation and psychosexual evaluation on Collins respectively. 

According to a memorandum in support of a fair and reasonable sentence filed in court by Hirschhorn on Aug. 12, Collins asked for “a total sentence of [36] months probation (on the felony count) with a special condition of [6] months in custody concurrent with each other and suspended pending successful completion of probation.”

In the memorandum filed, Hirschhorn highlighted that Collins had no previous offenses, was remorseful about his behavior (which Hirschhorn said appeared to be “genuine”), took responsibility for his behavior and has a good support system while currently attending a program to further his career in the golf industry.

Collins, Hirschhorn said in the memorandum, was “subjected to inappropriate sexual contact” around the ages of 11 and 13 from a family relative. He never received treatment and, as Koller was quoted saying in the memorandum, Collins “presents” himself as “a victim of sexual assault.”

Additionally, Hirschhorn said, Collins “was not the most successful socially.”

It was also noted that while golf, a sport with an “isolating nature” was Collins’ refuge, that and his participation in college was “derailed” by the COVID-19 pandemic. 

“Jacob respectfully urges this Court to consider his history and personal characteristics when imposing sentence,” Hirschhorn said. “Jacob offers this information to the Court not as an excuse for his conduct, but rather to contextualize the circumstances of his life which have brought him before the Court.”

Collins, Hirschhorn quoted from his mental health evaluation with Benson, “did not justify or defend his past use of pornography.”

Benson, according to Hirschhorn, said Collins’ “voluntary admissions and instant cooperation, without hesitation, demonstrates his understanding of the severity of his behavior” and he “accepted responsibility and admitted to his guilt.”

“Together, Jacob’s personal characteristics and the data provided by the evaluations he completed indicate that he presents a very low risk of recidivating,” Hirschhorn said. “Prior to this offense, Jacob never faced any legal encounters or disciplinary actions in school or the time he worked during his teenage years. Jacob completed a Bumby Scale Assessment during his … psychological evaluation, which reflects that Jacob ‘present[s] with no pedophilic tendencies and no pedophilic pattern.’”

Hirschhorn added that Collins has shown he can contribute to society in a positive way and had no history of drug or alcohol abuse. He said Collins has been trying to establish mental health treatment, which could be done alongside his sentence.

“With continuous and ongoing mental health treatment as recommended by the mental health professionals who evaluated Jacob and appropriate Court-imposed sanctions, Jacob can and will develop a positive sense of self, proper direction in life, and contribute to society in a meaningful way,” Hirschhorn said. 

Collins requested Strasser to exclude or defer him having to register as a sex offender, but, evidently, that was not ordered during the sentencing hearing. 

The maximum penalties of a class I felony in Wisconsin include up to three-and-a-half years in prison and a fine of up to $10,000. For class A misdemeanors, the most serious of misdemeanors, maximum penalties include up to nine months in jail and a fine of up to $10,000.

Trevor Greene may be reached via email at [email protected].