SB55-ASA1,1241,65
943.70
(2) (a) 3. Accesses
data, computer programs or supporting
6documentation.
SB55-ASA1,1241,128
943.70
(2) (am) Whoever intentionally causes an interruption in service by
9submitting a message, or multiple messages, to a computer, computer program,
10computer system, or computer network that exceeds the processing capacity of the
11computer, computer program, computer system, or computer network may be
12penalized as provided in pars. (b) and (c).
SB55-ASA1, s. 2087
13Section
2087. 943.70 (2) (b) (intro.) of the statutes is amended to read:
SB55-ASA1,1241,1514
943.70
(2) (b) (intro.) Whoever violates
this subsection par. (a) or (am) is guilty
15of:
SB55-ASA1,1241,1817
943.70
(2) (b) 1. A Class A misdemeanor unless
subd. any of subds. 2.
, 3. or to 184. applies.
SB55-ASA1,1241,2320
943.70
(2) (b) 3. A Class
D E felony if the
offense results in damage
is greater 21valued at more than $1,000 but not more than $2,500
or if it causes an interruption
22or impairment of governmental operations or public communication, of
23transportation or of a supply of water, gas or other public service.
SB55-ASA1,1242,2
1943.70
(2) (b) 3g. A Class C felony if the offense results in damage valued at
2more than $2,500.
SB55-ASA1,1242,64
943.70
(2) (b) 3r. A Class C felony if the offense causes an interruption or
5impairment of governmental operations or public communication, of transportation,
6or of a supply of water, gas, or other public service.
SB55-ASA1,1242,118
943.70
(2) (c) If a person disguises the identity or location of the computer at
9which he or she is working while committing an offense under par. (a) or (am) with
10the intent to make it less likely that he or she will be identified with the crime, the
11penalties under par. (b) may be increased as follows:
SB55-ASA1,1242,1512
1. In the case of a misdemeanor, the maximum fine prescribed by law for the
13crime may be increased by not more than $1,000 and the maximum term of
14imprisonment prescribed by law for the crime may be increased so that the revised
15maximum term of imprisonment is 12 months.
SB55-ASA1,1242,1816
2. In the case of a felony, the maximum fine prescribed by law for the crime may
17be increased by not more than $2,500 and the maximum term of imprisonment
18prescribed by law for the crime may be increased by not more than 2 years.
SB55-ASA1,1242,21
20944.205 (title)
Photographs, motion pictures, videotapes or other
21visual representations Recordings showing nudity.
SB55-ASA1, s. 2094
22Section
2094. 944.205 (1) of the statutes is renumbered 944.205 (1) (intro.)
23and amended to read:
SB55-ASA1,1242,2424
944.205
(1) (intro.) In this section
, "nudity":
SB55-ASA1,1242,25
25(b) "Nudity" has the meaning given in s. 948.11 (1) (d).
SB55-ASA1,1243,22
944.205
(1) (a) "Exhibit" has the meaning given in s. 948.01 (1d).
SB55-ASA1,1243,44
944.205
(1) (c) "Recording" has the meaning given in 948.01 (3r).
SB55-ASA1,1243,136
944.205
(2) (a)
Takes a photograph or makes a motion picture, videotape or
7other visual representation or reproduction that depicts Records an image of nudity
8without the knowledge and consent of the person who is depicted nude
while that
9person is nude in a place and circumstance in which he or she has a reasonable
10expectation of privacy, if the person
recording the image knows or has reason to know
11that the person who is depicted nude does not know of and consent to the
taking or
12making of the photograph, motion picture, videotape or other visual representation
13or reproduction recording.
SB55-ASA1, s. 2098
14Section
2098. 944.205 (2) (b) of the statutes is repealed and recreated to read:
SB55-ASA1,1243,1615
944.205
(2) (b) Copies, possesses, exhibits, stores, or distributes a recording of
16an image if all of the following apply:
SB55-ASA1,1243,1817
1. The recording was done in violation of par. (a) or was previously copied in
18violation of this paragraph.
SB55-ASA1,1243,2019
2. The actor knows or has reason to know that the violation described under
20subd. 1. has occurred.
SB55-ASA1,1243,2221
3. The person depicted nude in the recording did not consent to the copying,
22possession, exhibition, storage, or distribution of the recording under par. (b) (intro.).
SB55-ASA1,1243,2323
4. The recording depicts the same nudity recorded in violation of par. (a).
SB55-ASA1,1244,6
1944.205
(3) Notwithstanding sub. (2) (a) and (b), if the person
depicted in a
2photograph, motion picture, videotape or other visual representation or reproduction 3recording of an image is a child and the
making recording, copying, possession
,
4exhibition, storage, or distribution of the
photograph, motion picture, videotape or
5other visual representation or reproduction recording does not violate s. 948.05 or
6948.12, a parent, guardian
, or legal custodian of the child may do any of the following:
SB55-ASA1,1244,87
(a)
Make and Record, copy, possess
, exhibit, or store the
photograph, motion
8picture, videotape or other visual representation reproduction of the child recording.
SB55-ASA1,1244,129
(b) Distribute a
photograph, motion picture, videotape or other visual
10representation or reproduction made or recording that was recorded, copied, 11possessed
, exhibited, or stored under par. (a) if the distribution is not for commercial
12purposes.
SB55-ASA1,1244,1814
944.205
(4) This section does not apply to a person who receives a
photograph,
15motion picture, videotape or other visual representation or reproduction of recording
16of an image depicting a child from a parent, guardian
, or legal custodian of the child
17under sub. (3) (b), if the possession
and, copying, exhibition, storage, or distribution
18are is not for commercial purposes.
SB55-ASA1,1244,2020
944.21
(2) (am) "Exhibit" has the meaning given in s. 948.01 (1d).
SB55-ASA1, s. 2102
21Section
2102. 944.21 (2) (c) (intro.) of the statutes is amended to read:
SB55-ASA1,1244,2322
944.21
(2) (c) (intro.) "Obscene material" means a writing, picture,
sound
23recording or film
which
, or other recording that:
SB55-ASA1,1244,2525
944.21
(2) (dm) "Recording" has the meaning given in s. 948.01 (3r).
SB55-ASA1,1245,32
944.21
(3) (a) Imports, prints, sells, has in his or her possession for sale,
3publishes, exhibits,
plays, or
transfers distributes any obscene material.
SB55-ASA1, s. 2105
4Section
2105. 944.21 (4) (a) and (b) of the statutes are amended to read:
SB55-ASA1,1245,65
944.21
(4) (a)
Transfers or Distributes, exhibits
, or plays any obscene material
6to a person under the age of 18 years.
SB55-ASA1,1245,87
(b) Has in his or her possession with intent to
transfer or distribute, exhibit
,
8or play to a person under the age of 18 years any obscene material.
SB55-ASA1,1245,1210
944.21
(9) In determining whether material is obscene under sub. (2) (c) 1. and
113., a judge or jury shall examine individual pictures
, recordings of images, or
12passages in the context of the work in which they appear.
SB55-ASA1,1245,15
14944.25 Sending obscene or sexually explicit electronic messages. (1) 15In this section:
SB55-ASA1,1245,1816
(a) "Electronic mail solicitation" means an electronic mail message, including
17any attached program or document, that is sent for the purpose of encouraging a
18person to purchase property, goods, or services.
SB55-ASA1,1245,1919
(b) "Obscene material" has the meaning given in s. 944.21 (2) (c).
SB55-ASA1,1245,2020
(c) "Sexually explicit conduct" has the meaning given in s. 948.01 (7).
SB55-ASA1,1245,24
21(2) Whoever sends an unsolicited electronic mail solicitation to a person that
22contains obscene material or a depiction of sexually explicit conduct without
23including the words "ADULT ADVERTISEMENT" in the subject line of the
24electronic mail solicitation is guilty of a Class A misdemeanor.
SB55-ASA1,1246,3
1945.05
(1) (intro.) Except as provided in subs. (1e)
(b) and (1m), whoever
2manufactures, transfers commercially or possesses with intent to transfer
3commercially either of the following is guilty of a Class E felony:
SB55-ASA1, s. 3966j
4Section 3966j. 945.05 (1e) of the statutes is renumbered 945.05 (1e) (b) (intro.)
5and amended to read:
SB55-ASA1,1246,96
945.05
(1e) (b) (intro.) Subsection (1) does not apply to a person who
7manufactures, transfers commercially or possesses with intent to transfer
8commercially gambling devices described in sub. (1) (a) and (b) to
a any of the
9following:
SB55-ASA1,1246,12
102. A nonprofit or public educational institution that provides an educational
11program for which it awards a bachelor's or higher degree for the use in a casino
12gaming management class.
SB55-ASA1,1246,1514
945.05
(1e) (a) In this subsection, "authorized gambling facility" means any of
15the following:
SB55-ASA1,1246,1616
1. An Indian gaming facility, as defined in s. 569.01 (1j).
SB55-ASA1,1246,1817
2. A gaming establishment located on lands acquired after October 17, 1998,
18by the U.S. secretary of the interior in trust for the benefit of an Indian tribe.
SB55-ASA1,1246,1919
3. A facility at which gambling lawfully takes place.
SB55-ASA1,1246,2121
945.05
(1e) (b) 1. An authorized gambling facility.
SB55-ASA1,1247,1123
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 24(1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission
25of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
1180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
2221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
3940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
4(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011,
5943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
(b) to (c)
6and (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28,
7943.30, 943.32, 943.34 (1)
(b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c),
8943.50 (4)
(b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33
9(2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12,
10946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76,
11947.015, 948.05, 948.08, 948.12
, and 948.30.
SB55-ASA1,1247,1513
948.01
(1d) "Exhibit," with respect to a recording of an image that is not
14viewable in its recorded form, means to convert the recording of the image into a form
15in which the image may be viewed.
SB55-ASA1,1247,1817
948.01
(3r) "Recording" includes the creation of a reproduction of an image or
18a sound or the storage of data representing an image or a sound.
SB55-ASA1,1247,2220
948.05
(1) (a) Employs, uses, persuades, induces, entices
, or coerces any child
21to engage in sexually explicit conduct for the purpose of
photographing, filming,
22videotaping, recording
the sounds of or displaying in any way the conduct.
SB55-ASA1,1247,2524
948.05
(1) (b)
Photographs, films, videotapes, records the sounds of Records or
25displays in any way a child engaged in sexually explicit conduct.
SB55-ASA1,1248,92
948.05
(1m) Whoever produces, performs in, profits from, promotes, imports
3into the state, reproduces, advertises, sells, distributes
, or possesses with intent to
4sell or distribute, any
undeveloped film, photographic negative, photograph, motion
5picture, videotape, sound recording
or other reproduction of a child engaging in
6sexually explicit conduct is guilty of a Class C felony if the person knows the
7character and content of the sexually explicit conduct involving the child and if the
8person knows or reasonably should know that the child engaging in the sexually
9explicit conduct has not attained the age of 18 years.
SB55-ASA1,1248,1211
948.07
(4) Taking a picture or making an audio recording of Recording the child
12engaging in sexually explicit conduct.
SB55-ASA1,1248,1814
948.11
(1) (ar) 2. Any book, pamphlet, magazine, printed matter however
15reproduced or
sound recording that contains any matter enumerated in subd. 1., or
16explicit and detailed verbal descriptions or narrative accounts of sexual excitement,
17sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and
18that, taken as a whole, is harmful to children.