LRBs0596/2
JEO:mkd&kmg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 853
March 15, 1996 - Offered by
Joint committee on Information Policy.
AB853-ASA1,1,3
1An Act to amend 66.051 (1) (c), 971.37 (1m) (a) 2. and 973.055 (1) (a) 1.; and
to
2create 947.0125 of the statutes;
relating to: use of electronic mail and other
3computerized communication systems and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB853-ASA1,1,65
66.051
(1) (c) Prohibit conduct which is the same as or similar to that prohibited
6by s. 947.01
or, 947.012
or 947.0125.
AB853-ASA1,1,11
8947.0125 Unlawful use of computerized communication systems. (1) In
9this section, "message" means any transfer of signs, signals, writing, images, sounds,
10data or intelligence of any nature, or any transfer of a computer program, as defined
11in s. 943.70 (1) (c).
AB853-ASA1,1,12
12(2) Whoever does any of the following is guilty of a Class B misdemeanor:
AB853-ASA1,2,213
(a) With intent to frighten, intimidate, threaten, abuse or harass another
14person, sends a message to the person on an electronic mail or other computerized
1communication system and in that message threatens to inflict injury or physical
2harm to any person or the property of any person.
AB853-ASA1,2,73
(b) With intent to frighten, intimidate, threaten, abuse or harass another
4person, sends a message on an electronic mail or other computerized communication
5system with the reasonable expectation that the person will receive the message and
6in that message threatens to inflict injury or physical harm to any person or the
7property of any person.
AB853-ASA1,2,118
(c) With intent to frighten, intimidate, threaten or abuse another person, sends
9a message to the person on an electronic mail or other computerized communication
10system and in that message uses any obscene, lewd or profane language or suggests
11any lewd or lascivious act.
AB853-ASA1,2,1612
(d) With intent to frighten, intimidate, threaten or abuse another person, sends
13a message on an electronic mail or other computerized communication system with
14the reasonable expectation that the person will receive the message and in that
15message uses any obscene, lewd or profane language or suggests any lewd or
16lascivious act.
AB853-ASA1,2,2017
(e) With intent to frighten, intimidate, threaten or abuse another person, sends
18a message to the person on an electronic mail or other computerized communication
19system while intentionally preventing or attempting to prevent the disclosure of his
20or her own identity.
AB853-ASA1,2,2421
(f) While intentionally preventing or attempting to prevent the disclosure of his
22or her identity and with intent to frighten, intimidate, threaten or abuse another
23person, sends a message on an electronic mail or other computerized communication
24system with the reasonable expectation that the person will receive the message.
AB853-ASA1,2,25
25(3) Whoever does any of the following is subject to a Class B forfeiture:
AB853-ASA1,3,4
1(a) With intent to harass, annoy or offend another person, sends a message to
2the person on an electronic mail or other computerized communication system and
3in that message uses any obscene, lewd or profane language or suggests any lewd or
4lascivious act.
AB853-ASA1,3,85
(b) With intent to harass, annoy or offend another person, sends a message on
6an electronic mail or other computerized communication system with the reasonable
7expectation that the person will receive the message and in that message uses any
8obscene, lewd or profane language or suggests any lewd or lascivious act.
AB853-ASA1,3,109
(c) With intent solely to harass another person, sends repeated messages to the
10person on an electronic mail or other computerized communication system.
AB853-ASA1,3,1311
(d) With intent solely to harass another person, sends repeated messages on
12an electronic mail or other computerized communication system with the reasonable
13expectation that the person will receive the messages.
AB853-ASA1,3,1714
(e) With intent to harass or annoy another person, sends a message to the
15person on an electronic mail or other computerized communication system while
16intentionally preventing or attempting to prevent the disclosure of his or her own
17identity.
AB853-ASA1,3,2118
(f) While intentionally preventing or attempting to prevent the disclosure of his
19or her identity and with intent to harass or annoy another person, sends a message
20on an electronic mail or other computerized communication system with the
21reasonable expectation that the person will receive the message.
AB853-ASA1,3,2522
(g) Knowingly permits or directs another person to send a message prohibited
23by this section from any computer terminal or other device that is used to send
24messages on an electronic mail or other computerized communication system and
25that is under his or her control.
AB853-ASA1, s. 3
1Section
3. 971.37 (1m) (a) 2. of the statutes is amended to read:
AB853-ASA1,4,82
971.37
(1m) (a) 2. An adult accused of or charged with a criminal violation of
3s. 940.19, 940.20 (3), 940.225, 940.23, 940.285, 940.30, 940.42, 940.43, 940.44,
4940.45, 940.48, 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01
or, 947.012
or
5947.0125 and the conduct constituting the violation involved an act by the adult
6person against his or her spouse or former spouse, against an adult with whom the
7adult person resides or formerly resided or against an adult with whom the adult
8person has created a child.
AB853-ASA1, s. 4
9Section
4. 973.055 (1) (a) 1. of the statutes is amended to read:
AB853-ASA1,4,1510
973.055
(1) (a) 1. The court convicts the person of a violation of a crime specified
11in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (3), 940.21, 940.225,
12940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45, 940.48,
13941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01
or
, 947.012
or 947.0125 or of
14a municipal ordinance conforming to s. 941.20, 941.30, 943.01, 943.14, 943.15,
15946.49, 947.01
or, 947.012
or 947.0125; and
