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LRB-3238/3
CMH:med:jm
2011 - 2012 LEGISLATURE
February 24, 2012 - Introduced by Representatives Kleefisch, Jacque, Bies,
Endsley
and Spanbauer, cosponsored by Senator Kedzie. Referred to
Committee on Criminal Justice and Corrections.
AB624,1,6 1An Act to renumber and amend 942.09 (2) (am) and 942.09 (2) (bm) and (cm);
2to amend 48.685 (1) (c) 2., 51.20 (13) (ct) 2m., 301.45 (1d) (b), 901.08 (1) (b),
3946.82 (4), 971.17 (1m) (b) 2m., 973.048 (2m) and 995.50 (2) (d); and to create
4948.045 of the statutes; relating to: representations depicting nude children
5and requiring sex offender registration for adults who commit the offense
6against a child who is under the age of 16.
Analysis by the Legislative Reference Bureau
Under current law, with exceptions, a person commits a Class I felony if he or
she does any of the following: 1) takes a photograph or makes a motion picture,
videotape, or other visual representation of a nude person without that person's
consent when that person has a reasonable expectation of privacy; 2) reproduces
such a photograph, motion picture, videotape, other visual representation; or 3)
possesses, distributes, or exhibits such a representation. In addition to the penalty
for the felony conviction, the court may order a person to register with the
Department of Corrections (DOC) as a sex offender if the court determines that the
underlying conduct was sexually motivated and that registration would be in the
interest of public protection. Under this bill, if a person who is at least 21 years of
age commits the felony and the victim has not attained the age of 16, the court must
order the person to register with DOC as a sex offender.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB624, s. 1 1Section 1. 48.685 (1) (c) 2. of the statutes is amended to read:
AB624,2,62 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
3(2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295,
4942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2), 948.045 (2), 948.05, 948.051,
5948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13,
6948.21 (1), 948.30, or 948.53.
AB624, s. 2 7Section 2. 51.20 (13) (ct) 2m. of the statutes is amended to read:
AB624,2,198 51.20 (13) (ct) 2m. If the subject individual is before the court on a petition filed
9under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
10violation, or to have solicited, conspired, or attempted to commit a violation, of s.
11940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051,
12948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am),
13948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s.
14940.30 or 940.31 if the victim was a minor and the subject individual was not the
15victim's parent, or of s. 948.045 if the victim had not attained the age of 16 years and
16the subject individual was at least 21 years of age,
the court shall require the
17individual to comply with the reporting requirements under s. 301.45 unless the
18court determines, after a hearing on a motion made by the individual, that the
19individual is not required to comply under s. 301.45 (1m).
AB624, s. 3 20Section 3. 301.45 (1d) (b) of the statutes is amended to read:
AB624,3,8
1301.45 (1d) (b) "Sex offense" means a violation, or the solicitation, conspiracy,
2or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
3(1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08,
4948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2)
5if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and
6the person who committed the violation was not the victim's parent , or of s. 948.045
7if the victim had not attained the age of 16 years and the person who committed the
8violation was at least 21 years of age
.
AB624, s. 4 9Section 4. 901.08 (1) (b) of the statutes is amended to read:
AB624,3,1310 901.08 (1) (b) "Sexual misconduct" includes a violation of s. 940.22 (2), 940.225
11(1), (2), or (3), 940.32, 942.08, 942.09, 948.02, 948.025, 948.045, 948.05 (1) or (1m),
12948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, or 948.11 (2)
13and includes sexual harassment, as defined in s. 111.32 (13).
AB624, s. 5 14Section 5. 942.09 (2) (am) of the statutes is renumbered 942.09 (2), and 942.09
15(2) (b) and (c), as renumbered, are amended to read:
AB624,3,2016 942.09 (2) (b) Makes a reproduction of a representation that the person knows
17or has reason to know was captured in violation of subd. 1. par. (a) and that depicts
18the nudity depicted in the representation captured in violation of subd. 1. par. (a),
19if the person depicted nude in the reproduction did not consent to the making of the
20reproduction.
AB624,4,221 (c) Possesses, distributes, or exhibits a representation that was captured in
22violation of subd. 1. par. (a) or a reproduction made in violation of subd. 2. par. (b),
23if the person knows or has reason to know that the representation was captured in
24violation of subd. 1. par. (a) or the reproduction was made in violation of subd. 2. par.

1(b)
, and if the person who is depicted nude in the representation or reproduction did
2not consent to the possession, distribution, or exhibition.
AB624, s. 6 3Section 6. 942.09 (2) (bm) and (cm) of the statutes are renumbered 948.045
4(2) (b) and (c), and 948.045 (2) (b) (intro.) and (c), as renumbered, are amended to
5read:
AB624,4,106 948.045 (2) (b) (intro.) Notwithstanding par. (am), if the person If a child is
7depicted nude in a representation or reproduction is a child and the capture,
8possession, exhibition, or distribution of the representation, or making, possession,
9exhibition, or distribution of the reproduction, does not violate s. 948.05 or 948.12,
10a parent, guardian, or legal custodian of the child may do any of the following:
AB624,4,1411 (c) This subsection does not apply to a person who receives a representation or
12reproduction depicting a child from a parent, guardian, or legal custodian of the child
13under par. (bm) (b) 2., if the possession, exhibition, or distribution is not for
14commercial purposes.
AB624, s. 7 15Section 7. 946.82 (4) of the statutes is amended to read:
AB624,5,516 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
17(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
18of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
19134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
20221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
21940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and
22(3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011,
23943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
24943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32,
25943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)

1(bf), (bm), and (c), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85,
2943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.33 (2),
3944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13,
4946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79,
5947.015, 948.045, 948.05, 948.051, 948.08, 948.12, and 948.30.
AB624, s. 8 6Section 8. 948.045 of the statutes is created to read:
AB624,5,8 7948.045 Representations depicting nudity; offenses against a child. (1)
8In this section:
AB624,5,99 (a) "Captures a representation" has the meaning given in s. 942.09 (1) (a).
AB624,5,1310 (am) "Nude or partially nude child" means any child who has less than fully and
11opaquely covered genitals, pubic area, or buttocks; any female child who has less
12than a fully opaque covering over any portion of a breast below the top of the nipple;
13or any male child with covered genitals in a discernibly turgid state.
AB624,5,1414 (b) "Nudity" has the meaning given in s. 948.11 (1) (d).
AB624,5,1515 (c) "Representation" has the meaning given in s. 942.09 (1) (c).
AB624,5,17 16(2) (a) Except as provided in pars. (b) and (c), whoever does any of the following
17is guilty of a Class I felony:
AB624,5,1918 1. Captures a representation that depicts a child nude while that child is nude
19in a circumstance in which he or she has a reasonable expectation of privacy.
AB624,5,2220 2. Makes a reproduction of a representation that the person knows or has
21reason to know was captured in violation of subd. 1. and that depicts the nudity
22depicted in the representation captured in violation of subd. 1.
AB624,6,223 3. Possesses, distributes, or exhibits a representation that was captured in
24violation of subd. 1. or a reproduction made in violation of subd. 2., if the person

1knows or has reason to know that the representation was captured in violation of
2subd. 1. or the reproduction was made in violation of subd. 2.
AB624, s. 9 3Section 9. 971.17 (1m) (b) 2m. of the statutes is amended to read:
AB624,6,144 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
5of mental disease or defect for a violation, or for the solicitation, conspiracy, or
6attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02
7(1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
8948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2)
9if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and
10the defendant was not the victim's parent, or of s. 948.045 if the victim had not
11attained the age of 16 years and the defendant was at least 21 years of age,
the court
12shall require the defendant to comply with the reporting requirements under s.
13301.45 unless the court determines, after a hearing on a motion made by the
14defendant, that the defendant is not required to comply under s. 301.45 (1m).
AB624, s. 10 15Section 10. 973.048 (2m) of the statutes is amended to read:
AB624,7,216 973.048 (2m) If a court imposes a sentence or places a person on probation for
17a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s.
18940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051,
19948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am),
20948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s.
21940.30 or 940.31 if the victim was a minor and the person was not the victim's parent,
22or of s. 948.045, if the victim had not attained the age of 16 years and the person was
23at least 21 years of age,
the court shall require the person to comply with the
24reporting requirements under s. 301.45 unless the court determines, after a hearing

1on a motion made by the person, that the person is not required to comply under s.
2301.45 (1m).
AB624, s. 11 3Section 11. 995.50 (2) (d) of the statutes is amended to read:
AB624,7,74 995.50 (2) (d) Conduct that is prohibited under s. 942.09 or 948.045, regardless
5of whether there has been a criminal action related to the conduct, and regardless
6of the outcome of the criminal action, if there has been a criminal action related to
7the conduct.
AB624,7,88 (End)
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