LRB-3413/1
MGD:wlj:pg
2005 - 2006 LEGISLATURE
August 30, 2005 - Introduced by Representatives Pope-Roberts, Travis, Albers,
Berceau, Fields, Gronemus, McCormick, Ott and Sheridan, cosponsored by
Senators Miller, Roessler and Grothman. Referred to Committee on
Criminal Justice and Homeland Security.
AB634,1,2
1An Act to amend 948.11 (1) (ar) 1.; and
to create 948.11 (1) (ar) 1m. of the
2statutes;
relating to: computer or video games that are harmful to children.
Analysis by the Legislative Reference Bureau
Current law prohibits knowingly providing harmful material to a child and
knowingly possessing harmful material with intent to provide the material to a child.
Harmful material includes any picture, photograph, drawing, sculpture, film, or
similar visual representation or image that depicts nudity, sexually explicit conduct,
sadomasochism, or physical torture or brutality if the representation or image is
harmful to children. A representation or image is "harmful to children" when it: 1)
predominantly appeals to the prurient, shameful, or morbid interest of children; 2)
is patently offensive to prevailing standards in the adult community as a whole with
respect to what is suitable for children; and 3) lacks serious literary, artistic, political,
scientific, or educational value for children, when taken as a whole.
A person who unlawfully provides harmful material to a child is guilty of a Class
I felony and may be fined up to $10,000 or sentenced to a term of imprisonment of
up to three and a half years (which, if the sentence is for more than one year, consists
of a term of confinement followed by a term of extended supervision) or both. A
person who possesses harmful material with intent to provide it to a child is guilty
of a Class A misdemeanor and may be fined up to $10,000 or sentenced to a term of
imprisonment of up to nine months or both.
This bill specifies that the prohibitions described above apply to any computer
or video game that, when played, depicts nudity, sexually explicit conduct,
sadomasochism, or physical torture or brutality if the game is harmful to children.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB634, s. 1
1Section
1. 948.11 (1) (ar) 1. of the statutes is amended to read:
AB634,2,52
948.11
(1) (ar) 1. Any picture, photograph, drawing, sculpture, motion picture
3film or similar visual representation or image of a person or portion of the human
4body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical
5torture or brutality and that is harmful to children
; or.
AB634, s. 2
6Section
2. 948.11 (1) (ar) 1m. of the statutes is created to read:
AB634,2,97
948.11
(1) (ar) 1m. Any computer or video game that, when played, depicts
8nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or
9brutality and that is harmful to children.
