LRB-5373/1
JEO:kmg&kaf:jlb
1995 - 1996 LEGISLATURE
March 21, 1996 - Introduced by Representatives Albers, Duff, Grothman, Dobyns,
Owens, Walker, Green, Seratti, Handrick, Ladwig and Freese, cosponsored
by Senator Petak. Referred to Committee on Criminal Justice and
Corrections.
AB1058,1,2
1An Act to amend 944.21 (2) (c) 2. and 944.21 (2) (d) 2.; and
to create 944.21 (2)
2(em) of the statutes;
relating to: obscene sexual conduct.
Analysis by the Legislative Reference Bureau
Under current obscenity law, there are penalties for selling or transferring
obscene material or producing or performing in an obscene performance and related
offenses. Currently, the determination of whether material or performances are
obscene is based on a 3-part test. One of the parts of the test focuses on whether the
material or performance shows sexual conduct in a patently offensive way. This bill
specifies that the sexual conduct shown in the material or performance may be either
actual or simulated sexual conduct.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1058, s. 1
3Section
1. 944.21 (2) (c) 2. of the statutes is amended to read:
AB1058,1,54
944.21
(2) (c) 2. Under contemporary community standards, describes or shows
5actual or simulated sexual conduct in a patently offensive way; and
AB1058, s. 2
6Section
2. 944.21 (2) (d) 2. of the statutes is amended to read:
AB1058,1,87
944.21
(2) (d) 2. Under contemporary community standards, describes or
8shows
actual or simulated sexual conduct in a patently offensive way; and
AB1058, s. 3
9Section
3. 944.21 (2) (em) of the statutes is created to read:
AB1058,2,2
1944.21
(2) (em) "Simulated sexual conduct" means the explicit depiction or
2description of sexual conduct that creates the appearance of actual sexual conduct.
AB1058,2,6
4(1) This act first applies to offenses committed on the effective date of this
5subsection, but does not preclude the counting of other offenses as prior offenses for
6sentencing a person.
