2013 - 2014 LEGISLATURE
October 22, 2013 - Introduced by Representatives Spiros, Johnson, Ballweg,
Barca, Berceau, Bies, Brooks, Czaja, Kahl, Kleefisch, Marklein, Nass,
Ohnstad, A. Ott, Pridemore, Thiesfeldt and Tittl, cosponsored by Senators
Vukmir, L. Taylor, Lehman and Risser. Referred to Committee on Criminal
1An Act to create
942.09 (1) (d) and 942.09 (3m) of the statutes; relating to:
2distributing a sexually explicit image without consent and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no one may photograph, videotape, or otherwise capture an
image of a nude or partially nude person (depicted person) without the depicted
person's knowledge and consent. A person who does so, or who possesses, reproduces,
or distributes the image with the knowledge that the image was captured without
the depicted person's knowledge or consent, is generally guilty of a Class I felony, and
may be fined up to $10,000, imprisoned for up to three years and six months, or both.
Under this bill, no one may reproduce, distribute, exhibit, publish, transmit, or
otherwise disseminate (distribute) an image of a person who is nude or partially nude
or who is engaging in sexually explicit behavior without the consent of the person,
regardless of whether the depicted person consented to the capture of the image. A
person who does so is guilty of a Class A misdemeanor and may be fined up to
$10,000, imprisoned for up to nine months, or both.
Under the bill, the prohibition does not apply if the person depicted consented
to the distribution for commercial purposes. The bill creates exceptions for parents
or legal guardians who distribute otherwise legal representations of their minor
children for noncommercial purposes, for law enforcement officers acting in their
official capacity, and for persons who distribute the representations for the purpose
of reporting or assisting with the investigation of a crime.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
942.09 (1) (d) of the statutes is created to read:
(d) "Sexually explicit conduct" has the meaning given in s. 948.01 3
942.09 (3m) of the statutes is created to read:
(a) Whoever, without the consent of the person represented, 6
reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a 7
representation of a nude or partially nude person or of a person engaging in sexually 8
explicit conduct is guilty of a Class A misdemeanor. The consent of the person 9
represented to the capture of the representation or to the possession of the 10
representation by the actor is not a defense to a violation of this subsection.
(b) This subsection does not apply to any of the following:
1. The parent, guardian, or legal custodian of the person represented if the 13
representation does not violate s. 948.05 or 948.12 and the reproduction, 14
distribution, exhibition, publication, transmission, or other dissemination is not for 15
2. A law enforcement officer or agent acting in his or her official capacity in 17
connection with the investigation or prosecution of a crime.
3. A person who is not the actor and who reproduces, distributes, exhibits, 19
publishes, transmits, or otherwise disseminates the representation to a law 20
enforcement officer or agency for the purpose of reporting a crime or for the purpose
of assisting a law enforcement officer or agent in an investigation or prosecution of 2
(c) This subsection does not apply if the person represented consented to the 4
reproduction, distribution, exhibition, publication, transmission, or other 5
dissemination of the representation for commercial purposes.