16,3951
Section 3951. 943.70 (2) (c) of the statutes is created to read:
943.70 (2) (c) If a person disguises the identity or location of the computer at which he or she is working while committing an offense under par. (a) or (am) with the intent to make it less likely that he or she will be identified with the crime, the penalties under par. (b) may be increased as follows:
1. In the case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased so that the revised maximum term of imprisonment is 12 months.
2. In the case of a felony, the maximum fine prescribed by law for the crime may be increased by not more than $2,500 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 2 years.
16,3951n
Section 3951n. 943.76 of the statutes is created to read:
943.76 Infecting animals with a contagious disease. (1) In this section, "livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (a), and other animals used or to be used in the production of food, fiber, or other commercial products.
(2) (a) Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class C felony.
(b) Whoever intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class C felony.
16,3952
Section 3952. 944.205 (title) of the statutes is amended to read:
944.205 (title) Photographs, motion pictures, videotapes or other visual representations Recordings showing nudity.
16,3953
Section 3953. 944.205 (1) of the statutes is renumbered 944.205 (1) (intro.) and amended to read:
944.205 (1) (intro.) In this section, "nudity":
(b) "Nudity" has the meaning given in s. 948.11 (1) (d).
16,3954
Section 3954. 944.205 (1) (a) of the statutes is created to read:
944.205 (1) (a) "Exhibit" has the meaning given in s. 948.01 (1d).
16,3955
Section 3955. 944.205 (1) (c) of the statutes is created to read:
944.205 (1) (c) "Recording" has the meaning given in 948.01 (3r).
16,3956
Section 3956. 944.205 (2) (a) of the statutes is amended to read:
944.205 (2) (a) Takes a photograph or makes a motion picture, videotape or other visual representation or reproduction that depicts Records an image of nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a place and circumstance in which he or she has a reasonable expectation of privacy, if the person recording the image knows or has reason to know that the person who is depicted nude does not know of and consent to the taking or making of the photograph, motion picture, videotape or other visual representation or reproduction recording.
16,3957
Section 3957. 944.205 (2) (b) of the statutes is repealed and recreated to read:
944.205 (2) (b) Copies, possesses, exhibits, stores, or distributes a recording of an image if all of the following apply:
1. The recording was done in violation of par. (a) or was previously copied in violation of this paragraph.
2. The actor knows or has reason to know that the violation described under subd. 1. has occurred.
3. The person depicted nude in the recording did not consent to the copying, possession, exhibition, storage, or distribution of the recording under par. (b) (intro.).
4. The recording depicts the same nudity recorded in violation of par. (a).
16,3958
Section 3958. 944.205 (3) of the statutes is amended to read:
944.205 (3) Notwithstanding sub. (2) (a) and (b), if the person depicted in a photograph, motion picture, videotape or other visual representation or reproduction recording of an image is a child and the making recording, copying, possession, exhibition, storage, or distribution of the photograph, motion picture, videotape or other visual representation or reproduction recording does not violate s. 948.05 or 948.12, a parent, guardian, or legal custodian of the child may do any of the following:
(a) Make and Record, copy, possess
, exhibit, or store the photograph, motion picture, videotape or other visual representation reproduction of the child recording.
(b) Distribute a photograph, motion picture, videotape or other visual representation or reproduction made or recording that was recorded, copied, possessed
, exhibited, or stored under par. (a) if the distribution is not for commercial purposes.
16,3959
Section 3959. 944.205 (4) of the statutes is amended to read:
944.205 (4) This section does not apply to a person who receives a photograph, motion picture, videotape or other visual representation or reproduction of recording of an image depicting a child from a parent, guardian, or legal custodian of the child under sub. (3) (b), if the possession and, copying, exhibition, storage, or distribution are is not for commercial purposes.
16,3960
Section 3960. 944.21 (2) (am) of the statutes is created to read:
944.21 (2) (am) "Exhibit" has the meaning given in s. 948.01 (1d).
16,3961
Section 3961. 944.21 (2) (c) (intro.) of the statutes is amended to read:
944.21 (2) (c) (intro.) "Obscene material" means a writing, picture, sound recording or film which, or other recording that:
16,3962
Section 3962. 944.21 (2) (dm) of the statutes is created to read:
944.21 (2) (dm) "Recording" has the meaning given in s. 948.01 (3r).
16,3963
Section 3963. 944.21 (3) (a) of the statutes is amended to read:
944.21 (3) (a) Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or transfers distributes any obscene material.
16,3964
Section 3964. 944.21 (4) (a) and (b) of the statutes are amended to read:
944.21 (4) (a) Transfers or Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.
(b) Has in his or her possession with intent to transfer or distribute, exhibit, or play to a person under the age of 18 years any obscene material.
16,3965
Section 3965. 944.21 (9) of the statutes is amended to read:
944.21 (9) In determining whether material is obscene under sub. (2) (c) 1. and 3., a judge or jury shall examine individual pictures, recordings of images, or passages in the context of the work in which they appear.
16,3966
Section 3966. 944.25 of the statutes is created to read:
944.25 Sending obscene or sexually explicit electronic messages. (1) In this section:
(a) "Electronic mail solicitation" means an electronic mail message, including any attached program or document, that is sent for the purpose of encouraging a person to purchase property, goods, or services.
(b) "Obscene material" has the meaning given in s. 944.21 (2) (c).
(c) "Sexually explicit conduct" has the meaning given in s. 948.01 (7).
(2) Whoever sends an unsolicited electronic mail solicitation to a person that contains obscene material or a depiction of sexually explicit conduct without including the words "ADULT ADVERTISEMENT" in the subject line of the electronic mail solicitation is guilty of a Class A misdemeanor.
16,3966h
Section 3966h. 945.05 (1) (intro.) of the statutes is amended to read:
945.05 (1) (intro.) Except as provided in subs. (1e) (b) and (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class E felony:
16,3966j
Section 3966j. 945.05 (1e) of the statutes is renumbered 945.05 (1e) (b) (intro.) and amended to read:
945.05 (1e) (b) (intro.) Subsection (1) does not apply to a person who manufactures, transfers commercially or possesses with intent to transfer commercially gambling devices described in sub. (1) (a) and (b) to a any of the following:
2. A nonprofit or public educational institution that provides an educational program for which it awards a bachelor's or higher degree for the use in a casino gaming management class.
16,3966m
Section 3966m. 945.05 (1e) (a) of the statutes is created to read:
945.05 (1e) (a) In this subsection, "authorized gambling facility" means any of the following:
1. An Indian gaming facility, as defined in s. 569.01 (1j).
2. A gaming establishment located on lands acquired after October 17, 1998, by the U.S. secretary of the interior in trust for the benefit of an Indian tribe.
3. A facility at which gambling lawfully takes place.
16,3966q
Section 3966q. 945.05 (1e) (b) 1. of the statutes is created to read:
945.05 (1e) (b) 1. An authorized gambling facility.
16,3966r
Section 3966r. 946.82 (4) of the statutes is amended to read:
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2)
, (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
(b) to (c) and (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1)
(b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
(b) and (c), 943.60, 943.70
, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12
, and 948.30.
16,3967
Section 3967. 948.01 (1d) of the statutes is created to read:
948.01 (1d) "Exhibit," with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.
16,3968
Section 3968. 948.01 (3r) of the statutes is created to read:
948.01 (3r) "Recording" includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.
16,3969
Section 3969. 948.05 (1) (a) of the statutes is amended to read:
948.05 (1) (a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of photographing, filming, videotaping, recording the sounds of or displaying in any way the conduct.
16,3970
Section 3970. 948.05 (1) (b) of the statutes is amended to read:
948.05 (1) (b) Photographs, films, videotapes, records the sounds of Records or displays in any way a child engaged in sexually explicit conduct.
16,3971
Section 3971. 948.05 (1m) of the statutes is amended to read:
948.05 (1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any undeveloped film, photographic negative, photograph, motion picture, videotape, sound recording or other reproduction of a child engaging in sexually explicit conduct is guilty of a Class C felony if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
16,3972
Section 3972. 948.07 (4) of the statutes is amended to read:
948.07 (4) Taking a picture or making an audio recording of Recording the child engaging in sexually explicit conduct.
16,3973
Section 3973. 948.11 (1) (ar) 2. of the statutes is amended to read:
948.11 (1) (ar) 2. Any book, pamphlet, magazine, printed matter however reproduced or sound recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.
16,3974
Section 3974. 948.11 (1) (bm) of the statutes is repealed.
16,3975
Section 3975. 948.11 (1) (c) of the statutes is repealed.
16,3976
Section 3976. 948.11 (2) (a) of the statutes is renumbered 948.11 (2) (a) (intro.) and amended to read:
948.11 (2) (a) (intro.) Whoever, with knowledge of the nature character and content of the material, sells, rents, exhibits, transfers plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E felony.
if any of the following applies:
16,3977
Section 3977. 948.11 (2) (a) 1. and 2. of the statutes are created to read:
948.11 (2) (a) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.
16,3978
Section 3978. 948.11 (2) (am) of the statutes is renumbered 948.11 (2) (am) (intro.) and amended to read:
948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the nature
character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class E felony. if any of the following applies:
16,3979
Section 3979. 948.11 (2) (am) 1. and 2. of the statutes are created to read:
948.11 (2) (am) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.
