SB584: Bill Text

LRB-5519/1

JEO:skg&kaf:km

1995 - 1996 LEGISLATURE

1995 Senate BILL 584

February 28, 1996 - Introduced by Senator Clausing, cosponsored by Representative Harsdorf. Referred to Committee on Judiciary.

SB584,1,3 An Act to amend 946.82 (4); and to create 944.205 of the statutes; relating to: possession and distribution of certain photographs, motion pictures, videotapes or other visual representations showing nudity and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits sexual exploitation of a child, which includes: 1) having a child engage in sexually explicit conduct for the purpose of photographing or otherwise recording the conduct; 2) photographing or otherwise recording a child engaged in sexually explicit conduct; and 3) producing, distributing or otherwise promoting material showing a child engaged in sexually explicit conduct. A person convicted of sexual exploitation of a child may be fined not more than $10,000 or imprisoned for not more than 10 years or both. In addition, under current law a person who possesses child pornography (material showing a child engaged in sexually explicit conduct) may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

This bill prohibits a person from taking a photograph or making a motion picture, videotape or other visual representation or reproduction that depicts nudity, if the photograph, motion picture, videotape or other visual representation or reproduction is taken or made without the knowledge and consent of the person who is depicted nude and if the person taking or making the photograph, motion picture, videotape or other visual representation or reproduction knows or has reason to know of the lack of knowledge and consent of the person depicted nude. The bill also prohibits a person from possessing or distributing a photograph, motion picture, videotape or other visual representation or reproduction that depicts nudity and that the person knows or has reason to know was taken or made without the knowledge and consent of the person who is depicted nude. A person who violates the prohibitions created by the bill may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

The bill also provides that a parent, guardian or legal custodian may make and possess a photograph, motion picture, videotape or other visual representation or reproduction that depicts his or her child nude if the photograph, motion picture, videotape or other visual representation or reproduction does not involve the child engaging in sexually explicit conduct. A parent may also distribute such a photograph, motion picture, videotape or other visual representation or reproduction if the distribution is not for commercial purposes.

Finally, the bill provides that the prohibitions created in the bill do not apply to any of the following: 1) a law enforcement officer acting within the scope of his or her employment; 2) any person who is obtaining or reviewing evidence for a criminal investigation or a pending civil action; 3) a medical professional acting within the scope of his or her employment; or 4) a person who receives a photograph, motion picture, videotape or other visual representation or reproduction of a child from the child's parent, guardian or legal custodian, if the distribution to and possession by the person is not for commercial purposes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB584, s. 1 Section 1. 944.205 of the statutes is created to read:

SB584,2,4 944.205 Photographs, motion pictures, videotapes or other visual representations showing nudity. (1) In this section, "nudity" has the meaning given in s. 948.11 (1) (d).

SB584,2,5 (2) Whoever does any of the following is guilty of a Class E felony:

SB584,2,11 (a) Takes a photograph or makes a motion picture, videotape or other visual representation or reproduction that depicts nudity without the knowledge and consent of the person who is depicted nude, if the person knows or has reason to know that the person who is depicted nude does not know of and consent to the taking or making of the photograph, motion picture, videotape or other visual representation or reproduction.

SB584,3,3 (b) Possesses or distributes a photograph, motion picture, videotape or other visual representation or reproduction that depicts nudity and that was taken or made without the knowledge and consent of the person who is depicted nude, if the person knows or has reason to know that the photograph, motion picture, videotape or other visual representation or reproduction was taken or made without the knowledge and consent of the person who is depicted nude.

SB584,3,8 (3) Notwithstanding sub. (2) (a) and (b), if the person in a photograph, motion picture, videotape or other visual representation or reproduction is a minor and the making, possession or distribution of the photograph, motion picture, videotape or other visual representation or reproduction does not violate s. 948.05 or 948.12, a parent, guardian or legal custodian may do any of the following:

SB584,3,10 (a) Make and possess the photograph, motion picture, videotape or other visual representation or reproduction of the child.

SB584,3,13 (b) Distribute a photograph, motion picture, videotape or other visual representation or reproduction made or possessed under par. (a) if the distribution is not for commercial purposes.

SB584,3,16 (4) This section does not apply to any book, pamphlet, magazine, printed matter, photograph, motion picture, videotape or other visual representation or reproduction possessed or distributed by any of the following:

SB584,3,17 (a) A law enforcement officer acting within the scope of his or her employment.

SB584,3,19 (b) Any person who is obtaining or reviewing evidence for a criminal investigation or a pending civil action.

SB584,3,20 (c) A medical professional acting within the scope of his or her employment.

SB584,3,24 (d) A person who receives a photograph, motion picture, videotape or other visual representation or reproduction of a minor from a parent, guardian or legal custodian under sub. (3) (b), if the possession and distribution are not for commercial purposes.

SB584, s. 2 Section 2. 946.82 (4) of the statutes, as affected by 1995 Wisconsin Act 133, is amended to read:

SB584,4,15 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 161 and 945 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.17, 221.31, 221.39, 221.40, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

SB584,4,16 (End)