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2001 - 2002 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2001 ASSEMBLY BILL 60
October 2, 2001 - Offered by Senator Plache.
AB60-SSA2,1,7 1An Act to repeal 944.205 (1) (a), 944.205 (1) (c) and 944.205 (2) (b); to renumber
2944.205 (1) (intro.), 944.205 (1) (b) and 944.205 (2) (intro.); to renumber and
3amend
944.205 (title), 944.205 (2) (a) and 944.205 (3) and (4); and to create
4895.50 (2) (d), 942.09 (1) (a), 942.09 (1) (c) and 942.09 (2) (b) and (c) of the
5statutes; relating to: the prohibition against making, possessing, distributing,
6or exhibiting a representation that depicts nudity; the civil cause of action for
7unreasonable invasion of privacy; and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB60-SSA2, s. 1 8Section 1. 895.50 (2) (d) of the statutes is created to read:
AB60-SSA2,1,119 895.50 (2) (d) Conduct that is prohibited under s. 942.09, regardless of whether
10there has been a criminal action related to the conduct, and regardless of the outcome
11of the criminal action, if there has been a criminal action related to the conduct.
AB60-SSA2, s. 2
1Section 2. 942.09 (1) (a) of the statutes is created to read:
AB60-SSA2,2,42 942.09 (1) (a) "Captures a representation" means takes a photograph, makes
3a motion picture, videotape, or other visual representation, or records or stores in any
4medium data that represents a visual image.
AB60-SSA2, s. 3 5Section 3. 942.09 (1) (c) of the statutes is created to read:
AB60-SSA2,2,86 942.09 (1) (c) "Representation" means a photograph, exposed film, motion
7picture, videotape, other visual representation, or data that represents a visual
8image.
AB60-SSA2, s. 4 9Section 4. 942.09 (2) (b) and (c) of the statutes are created to read:
AB60-SSA2,2,1310 942.09 (2) (b) Makes a reproduction of a representation that the person knows
11or has reason to know was captured in violation of par. (a) and that depicts the nudity
12depicted in the representation captured in violation of par. (a), if the person depicted
13nude in the reproduction did not consent to the making of the reproduction.
AB60-SSA2,2,1914 (c) Possesses, distributes, or exhibits a representation that was captured in
15violation of par. (a) or a reproduction made in violation of par. (b), if the person knows
16or has reason to know that the representation was captured in violation of par. (a)
17or the reproduction was made in violation of par. (b), and if the person who is depicted
18nude in the representation or reproduction did not consent to the possession,
19distribution, or exhibition.
AB60-SSA2, s. 5 20Section 5. 944.205 (title) of the statutes, as affected by 2001 Wisconsin Act 16,
21is renumbered 942.09 (title) and amended to read:
AB60-SSA2,2,22 22942.09 (title) Recordings showing Representations depicting nudity.
AB60-SSA2, s. 6 23Section 6. 944.205 (1) (intro.) of the statutes, as affected by 2001 Wisconsin
24Act 16
, is renumbered 942.09 (1) (intro.).
AB60-SSA2, s. 7
1Section 7. 944.205 (1) (a) of the statutes, as created by 2001 Wisconsin Act 16,
2is repealed.
AB60-SSA2, s. 8 3Section 8. 944.205 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 16,
4is renumbered 942.09 (1) (b).
AB60-SSA2, s. 9 5Section 9. 944.205 (1) (c) of the statutes, as created by 2001 Wisconsin Act 16,
6is repealed.
AB60-SSA2, s. 10 7Section 10. 944.205 (2) (intro.) of the statutes is renumbered 942.09 (2)
8(intro.).
AB60-SSA2, s. 11 9Section 11. 944.205 (2) (a) of the statutes, as affected by 2001 Wisconsin Act
1016
, is renumbered 942.09 (2) (a) and amended to read:
AB60-SSA2,3,1611 942.09 (2) (a) Records an image of Captures a representation that depicts
12nudity without the knowledge and consent of the person who is depicted nude while
13that person is nude in a place and circumstance in which he or she has a reasonable
14expectation of privacy, if the person recording the image knows or has reason to know
15that the person who is depicted nude does not know of and consent to the recording
16capture of the representation.
AB60-SSA2, s. 12 17Section 12. 944.205 (2) (b) of the statutes, as affected by 2001 Wisconsin Act
1816
, is repealed.
AB60-SSA2, s. 13 19Section 13. 944.205 (3) and (4) of the statutes, as affected by 2001 Wisconsin
20Act 16
, are renumbered 942.09 (3) and (4) and amended to read:
AB60-SSA2,4,221 942.09 (3) Notwithstanding sub. (2) (a) and , (b), and (c), if the person depicted
22nude in a recording of an image representation or reproduction is a child and the
23recording, copying capture, possession, exhibition, storage, or distribution of the
24recording representation, or making, possession, exhibition, or distribution of the

1reproduction,
does not violate s. 948.05 or 948.12, a parent, guardian, or legal
2custodian of the child may do any of the following:
AB60-SSA2,4,43 (a) Record, copy, Capture and possess , exhibit, or store the recording
4representation or make and possess the reproduction depicting the child.
AB60-SSA2,4,85 (b) Distribute a recording that was recorded, copied, possessed, exhibited, or
6stored
or exhibit a representation captured or possessed under par. (a), or distribute
7or exhibit a reproduction made or possessed
under par. (a), if the distribution or
8exhibition
is not for commercial purposes.
AB60-SSA2,4,12 9(4) This section does not apply to a person who receives a recording of an image
10representation or reproduction depicting a child from a parent, guardian, or legal
11custodian of the child under sub. (3) (b), if the possession, copying, exhibition,
12storage, or distribution is not for commercial purposes.
AB60-SSA2, s. 14 13Section 14. Initial applicability.
AB60-SSA2,4,1514 (1) The treatment of section 895.50 (2) (d) of the statutes first applies to acts
15or omissions occurring on the effective date of this subsection.
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