Analysis by the Legislative Reference Bureau
This bill prohibits certain acts that violate a person's right to privacy. Current
law prohibits installing or using a surveillance device that has been installed in a
private place to observe a nude or partially nude person without that person's
consent. The bill clarifies that a surveillance device need only be capable of observing
the activities of a person and need not be primarily designed for that purpose. Under
the bill, a person may not install or use in a private place a surveillance device to view
a nude or partially nude person in a private place without that person's consent.
Under current law, a person who captures a representation of a nude or
partially nude person without the person's consent and while that person has a
reasonable expectation of privacy, or a person who makes, exhibits, or distributes a
reproduction of such a representation of the nude or partially nude person, is guilty
of a Class I felony.
Under the bill, a person is guilty of a Class I felony if he or she makes,
reproduces, exhibit, or distributes a video or audio representation of a person who
is nude or partially nude; of a person's clothed, covered, or partially clothed or covered
genitalia or buttock that is not otherwise visible to the public; of a person urinating,
defecating, or using a feminine hygiene product; or of a person engaged in sexual

intercourse or sexual contact, and if the same conditions of lack of consent and
expectation of privacy exist.
The bill defines consent as "words or overt actions by a person who is competent
to give informed consent indicating a freely given agreement to the act," and
establishes that a person under the age of 18 is incapable of consent. Under the bill,
a person suffering from a mental illness or defect that impairs his or her capacity to
appraise personal conduct and a person who is unconscious or otherwise physically
unable to communicate unwillingness to an act are presumed incapable of giving
consent.
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:
AB521,1 1Section 1. 942.08 (1) (c) of the statutes is amended to read:
AB521,2,52 942.08 (1) (c) "Surveillance device" means any device, instrument, apparatus,
3implement, mechanism or contrivance used, designed to be used or primarily
4intended to be used
to observe, or capable of observing, the activities of a person.
5"Surveillance device" includes a peephole.
AB521,2 6Section 2. 942.08 (2) (a) of the statutes is amended to read:
AB521,2,107 942.08 (2) (a) Knowingly installs a surveillance device in any private place, or
8uses a surveillance device that has been installed to observe in a private place, with
9the intent to observe any nude or partially nude person without the consent of the
10person observed.
AB521,3 11Section 3. 942.09 (1) (a) of the statutes is amended to read:
AB521,2,1412 942.09 (1) (a) "Captures a representation" means takes a photograph, makes
13a motion picture, videotape, recording, or other visual or audio representation, or
14records or stores in any medium data that represents a visual image.
AB521,4 15Section 4. 942.09 (1) (ae) of the statutes is created to read:
AB521,3,5
1942.09 (1) (ae) "Consent" means words or overt actions by a person who is
2competent to give informed consent indicating a freely given agreement to the act.
3A person who has not attained the age of 18 is incapable of consent. The following
4persons are presumed incapable of consent but the presumption may be rebutted by
5competent evidence, subject to the provisions of s. 972.11 (2):
AB521,3,76 1. A person suffering from a mental illness or defect that impairs capacity to
7appraise personal conduct.
AB521,3,98 2. A person who is unconscious or for any other reason is physically unable to
9communicate unwillingness to an act.
AB521,5 10Section 5. 942.09 (1) (ag) of the statutes is created to read:
AB521,3,1111 942.09 (1) (ag) "Intimate representation" means any of the following:
AB521,3,1212 1. A representation of a nude or partially nude person.
AB521,3,1413 2. A representation of clothed, covered, or partially clothed or covered genitalia
14or buttock that is not otherwise visible to the public.
AB521,3,1615 3. A representation of a person urinating, defecating, or using a feminine
16hygiene product.
AB521,3,1817 4. A representation of person engaged in sexual intercourse or sexual contact,
18as defined in s. 940.225 (5) (b) or (c).
AB521,6 19Section 6. 942.09 (1) (c) of the statutes is amended to read:
AB521,3,2220 942.09 (1) (c) "Representation" means a photograph, exposed film, motion
21picture, videotape, recording, other visual or audio representation, or data that
22represents a visual image or audio recording.
AB521,7 23Section 7. 942.09 (2) (am) 1., 2. and 3. of the statutes are amended to read:
AB521,4,424 942.09 (2) (am) 1. Captures a an intimate representation that depicts nudity
25without the knowledge and consent of the person who is depicted nude while that

1person is nude in a
circumstance under circumstances in which he or she has a
2reasonable expectation of privacy, if the person knows or has reason to know that the
3person who is depicted nude does not know of and consent to the capture of the
4intimate representation.
AB521,4,95 2. Makes a reproduction of a an intimate representation that the person knows
6or has reason to know was captured in violation of subd. 1. and that depicts the nudity
7depicted in the
an intimate representation captured in violation of subd. 1., if the
8person depicted nude in the reproduction did not consent to the making of the
9reproduction.
AB521,4,1510 3. Possesses, distributes, or exhibits a an intimate representation that was
11captured in violation of subd. 1. or a reproduction made in violation of subd. 2., if the
12person knows or has reason to know that the intimate representation was captured
13in violation of subd. 1. or the reproduction was made in violation of subd. 2., and if
14the person who is depicted nude in the intimate representation or reproduction did
15not consent to the possession, distribution, or exhibition.
AB521,8 16Section 8. 942.09 (2) (bm) (intro.) of the statutes is amended to read:
AB521,4,2217 942.09 (2) (bm) (intro.) Notwithstanding par. (am), if the person depicted nude
18in a an intimate representation or reproduction is a child and the capture,
19possession, exhibition, or distribution of the intimate representation, or making,
20possession, exhibition, or distribution of the reproduction, does not violate s. 948.05
21or 948.12, a parent, guardian, or legal custodian of the child may do any of the
22following:
AB521,9 23Section 9. 972.11 (2) (b) (intro.) of the statutes is amended to read:
AB521,5,624 972.11 (2) (b) (intro.) If the defendant is accused of a crime under s. 940.225,
25942.09, 948.02, 948.025, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, 948.09, or

1948.095, or under s. 940.302 (2), if the court finds that the crime was sexually
2motivated, as defined in s. 980.01 (5), any evidence concerning the complaining
3witness's prior sexual conduct or opinions of the witness's prior sexual conduct and
4reputation as to prior sexual conduct shall not be admitted into evidence during the
5course of the hearing or trial, nor shall any reference to such conduct be made in the
6presence of the jury, except the following, subject to s. 971.31 (11):
AB521,10 7Section 10. 972.11 (2) (d) 1. (intro.) of the statutes is amended to read:
AB521,5,128 972.11 (2) (d) 1. (intro.) If the defendant is accused of a crime under s. 940.225,
9942.09, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, evidence of the manner
10of dress of the complaining witness at the time when the crime occurred is admissible
11only if it is relevant to a contested issue at trial and its probative value substantially
12outweighs all of the following:
AB521,5,1313 (End)
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