MLJ:cdc
2019 - 2020 LEGISLATURE
March 1, 2019 - Introduced by Senators Jacque, L. Taylor and Marklein,
cosponsored by Representatives
Tusler, Crowley, Brandtjen, Horlacher,
Kulp, Murphy, Mursau, Ramthun, Sanfelippo, Schraa, Skowronski,
Sortwell, Steffen, Thiesfeldt, Tittl and Wichgers. Referred to Committee
on Judiciary and Public Safety.
SB68,1,4
1An Act to amend 948.12 (1m) (intro.), 948.12 (1m) (b), 948.12 (1m) (c), 948.12
2(2m) (intro.), 948.12 (2m) (b), 948.12 (2m) (c) and 971.23 (11) (b); and
to create
3948.12 (1) of the statutes;
relating to: possession of child pornography and
4providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, in order for an image or video to be child pornography, the
child must be engaged in sexually explicit conduct. Under this bill, an image or video
is child pornography if it depicts the child in a sexually suggestive manner, which
means that it depicts: 1) a child's less than completely and opaquely covered genitals,
pubic area, or intimate parts in a manner that, by means of the posing, composition,
format, or animated sensual details, emits sensuality with sufficient impact to
concentrate prurient interest on the child; 2) any form of contact with a child's
genitals, pubic area, or intimate parts in a manner that, by means of the posing,
composition, format, or animated sensual details, emits sensuality with sufficient
impact to concentrate prurient interest on the child; or 3) a child in any other way
that is for the purpose of sexual stimulation or gratification of any person who may
view the depiction where the depiction does not have serious literary, artistic,
political, or scientific value.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB68,1
1Section
1. 948.12 (1) of the statutes is created to read:
SB68,2,32
948.12
(1) In this section, “sexually suggestive manner” means any of the
3following:
SB68,2,74
(a) Depicting a child's less than completely and opaquely covered genitals,
5pubic area, or intimate parts in a manner that, by means of the posing, composition,
6format, or animated sensual details, emits sensuality with sufficient impact to
7concentrate prurient interest on the child.
SB68,2,118
(b) Depicting any form of contact with a child's genitals, pubic area, or intimate
9parts in a manner that, by means of the posing, composition, format, or animated
10sensual details, emits sensuality with sufficient impact to concentrate prurient
11interest on the child.
SB68,2,1412
(c) Depicting a child for the purpose of sexual stimulation or gratification of any
13person who may view the depiction where the depiction does not have serious
14literary, artistic, political, or scientific value.
SB68,2
15Section
2. 948.12 (1m) (intro.) of the statutes is amended to read:
SB68,2,2016
948.12
(1m) (intro.) Whoever possesses, or accesses in any way with the intent
17to view, any undeveloped film, photographic negative, photograph, motion picture,
18videotape, or other recording of a child engaged in sexually explicit conduct
or
19portrayed in a sexually suggestive manner under all of the following circumstances
20may be penalized under sub. (3):
SB68,3
1Section
3. 948.12 (1m) (b) of the statutes is amended to read:
SB68,3,42
948.12
(1m) (b) The person knows, or reasonably should know, that the
3material that is possessed or accessed contains depictions of sexually explicit conduct
4or sexually suggestive imagery.
SB68,4
5Section
4. 948.12 (1m) (c) of the statutes is amended to read:
SB68,3,86
948.12
(1m) (c) The person knows or reasonably should know that the child
7depicted in the material who is engaged in sexually explicit conduct
or portrayed in
8a sexually suggestive manner has not attained the age of 18 years.
SB68,5
9Section
5. 948.12 (2m) (intro.) of the statutes is amended to read:
SB68,3,1210
948.12
(2m) (intro.) Whoever exhibits or plays a recording of a child engaged
11in sexually explicit conduct
or portrayed in a sexually suggestive manner, if all of the
12following apply, may be penalized under sub. (3):
SB68,6
13Section
6. 948.12 (2m) (b) of the statutes is amended to read:
SB68,3,1614
948.12
(2m) (b) Before the person exhibited or played the recording, he or she
15knew the character and content of the sexually explicit conduct
or sexually
16suggestive imagery.
SB68,7
17Section
7. 948.12 (2m) (c) of the statutes is amended to read:
SB68,3,2118
948.12
(2m) (c) Before the person exhibited or played the recording, he or she
19knew or reasonably should have known that the child engaged in sexually explicit
20conduct
or portrayed in a sexually suggestive manner had not attained the age of 18
21years.
SB68,8
22Section
8. 971.23 (11) (b) of the statutes is amended to read:
SB68,4,423
971.23
(11) (b) Any undeveloped film, photographic negative, photograph,
24motion picture, videotape, or recording, which includes any item or material that
25would be included under s. 948.01 (3r), or any copy of the foregoing, that is of a person
1who has not attained the age of 18 and who is engaged in sexually explicit conduct
2or portrayed in a sexually suggestive manner and that is in the possession, custody,
3and control of the state shall remain in the possession, custody, and control of a law
4enforcement agency or a court but shall be made reasonably available to the defense.