Amendment ASA1-SB55

SB55-ASA1, s. 3939f Section 3939f. 943.24 (1) of the statutes is amended to read:

SB55-ASA1,1239,3 943.24 (1) Whoever issues any check or other order for the payment of not more than $1,000 $2,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

SB55-ASA1, s. 3939g Section 3939g. 943.24 (2) of the statutes is amended to read:

SB55-ASA1,1239,9 943.24 (2) Whoever issues any single check or other order for the payment of more than $1,000 $2,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $1,000 $2,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E felony.

SB55-ASA1, s. 3939h Section 3939h. 943.34 (1) (a) of the statutes is amended to read:

SB55-ASA1,1239,12 943.34 (1) (a) A Class A misdemeanor, if the value of the property does not exceed $1,000 $2,500.

SB55-ASA1, s. 3939i Section 3939i. 943.34 (1) (b) of the statutes is repealed.

SB55-ASA1, s. 3939j Section 3939j. 943.395 (2) (a) of the statutes is amended to read:

SB55-ASA1,1239,16 943.395 (2) (a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $1,000 $2,500.

SB55-ASA1, s. 3939k Section 3939k. 943.395 (2) (b) of the statutes is amended to read:

SB55-ASA1,1239,19 943.395 (2) (b) Is guilty of a Class E felony if the value of the claim or benefit exceeds $1,000 $2,500.

SB55-ASA1, s. 3939L Section 3939L. 943.41 (8) (c) of the statutes is amended to read:

SB55-ASA1,1240,2 943.41 (8) (c) Any person violating any provision of sub. (5) or (6) (a), (b) or (d), if the value of the money, goods, services or property illegally obtained does not exceed $1,000 $2,500 is guilty of a Class A misdemeanor; if the value of the money, goods, services or property exceeds $1,000 but does not exceed $2,500, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class E felony; or if. If the value of the money, goods, services or property exceeds $2,500, the person is guilty of a Class C felony.

SB55-ASA1, s. 3939m Section 3939m. 943.50 (4) (a) of the statutes is amended to read:

SB55-ASA1,1240,5 943.50 (4) (a) A Class A misdemeanor, if the value of the merchandise does not exceed $1,000 $2,500.

SB55-ASA1, s. 3939n Section 3939n. 943.50 (4) (b) of the statutes is repealed.

SB55-ASA1, s. 3939p Section 3939p. 943.61 (5) (a) of the statutes is amended to read:

SB55-ASA1,1240,9 943.61 (5) (a) A Class A misdemeanor, if the value of the library materials does not exceed $1,000 $2,500.

SB55-ASA1, s. 3939q Section 3939q. 943.61 (5) (b) of the statutes is repealed.

SB55-ASA1, s. 3939r Section 3939r. 943.62 (4) (a) of the statutes is amended to read:

SB55-ASA1,1240,13 943.62 (4) (a) A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $500 $2,500.

SB55-ASA1, s. 3939s Section 3939s. 943.62 (4) (b) of the statutes is repealed.

SB55-ASA1, s. 2081 Section 2081. 943.70 (1) (a) of the statutes is renumbered 943.70 (1) (am).

SB55-ASA1, s. 2082 Section 2082. 943.70 (1) (ag) of the statutes is created to read:

SB55-ASA1,1240,18 943.70 (1) (ag) "Access" means to instruct, communicate with, interact with, intercept, store data in, retrieve data from, or otherwise use the resources of.

SB55-ASA1, s. 2083 Section 2083. 943.70 (1) (gm) of the statutes is created to read:

SB55-ASA1,1240,22 943.70 (1) (gm) "Interruption in service" means inability to access a computer, computer program, computer system, or computer network, or an inability to complete a transaction involving a computer.

SB55-ASA1, s. 2084 Section 2084. 943.70 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1241,3 943.70 (2) (a) (intro.) Whoever wilfully willfully, knowingly and without authorization does any of the following may be penalized as provided in par. pars. (b) and (c):

SB55-ASA1, s. 2085 Section 2085. 943.70 (2) (a) 3. of the statutes is amended to read:

SB55-ASA1,1241,6 943.70 (2) (a) 3. Accesses data, computer programs or supporting documentation.

SB55-ASA1, s. 2086 Section 2086. 943.70 (2) (am) of the statutes is created to read:

SB55-ASA1,1241,12 943.70 (2) (am) Whoever intentionally causes an interruption in service by submitting a message, or multiple messages, to a computer, computer program, computer system, or computer network that exceeds the processing capacity of the computer, computer program, computer system, or computer network may be penalized as provided in pars. (b) and (c).

SB55-ASA1, s. 2087 Section 2087. 943.70 (2) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,1241,15 943.70 (2) (b) (intro.) Whoever violates this subsection par. (a) or (am) is guilty of:

SB55-ASA1, s. 2088 Section 2088. 943.70 (2) (b) 1. of the statutes is amended to read:

SB55-ASA1,1241,18 943.70 (2) (b) 1. A Class A misdemeanor unless subd. any of subds. 2., 3. or to 4. applies.

SB55-ASA1, s. 2089 Section 2089. 943.70 (2) (b) 3. of the statutes is amended to read:

SB55-ASA1,1241,23 943.70 (2) (b) 3. A Class D E felony if the offense results in damage is greater valued at more than $1,000 but not more than $2,500 or if it causes an interruption or impairment of governmental operations or public communication, of transportation or of a supply of water, gas or other public service.

SB55-ASA1, s. 2090 Section 2090. 943.70 (2) (b) 3g. of the statutes is created to read:

SB55-ASA1,1242,2 943.70 (2) (b) 3g. A Class C felony if the offense results in damage valued at more than $2,500.

SB55-ASA1, s. 2091 Section 2091. 943.70 (2) (b) 3r. of the statutes is created to read:

SB55-ASA1,1242,6 943.70 (2) (b) 3r. A Class C felony if the offense causes an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service.

SB55-ASA1, s. 2092 Section 2092. 943.70 (2) (c) of the statutes is created to read:

SB55-ASA1,1242,11 943.70 (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:

SB55-ASA1,1242,15 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.

SB55-ASA1,1242,18 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.

SB55-ASA1, s. 2093 Section 2093. 944.205 (title) of the statutes is amended to read:

SB55-ASA1,1242,21 944.205 (title) Photographs, motion pictures, videotapes or other visual representations Recordings showing nudity.

SB55-ASA1, s. 2094 Section 2094. 944.205 (1) of the statutes is renumbered 944.205 (1) (intro.) and amended to read:

SB55-ASA1,1242,24 944.205 (1) (intro.) In this section, "nudity":

SB55-ASA1,1242,25 (b) "Nudity" has the meaning given in s. 948.11 (1) (d).

SB55-ASA1, s. 2095 Section 2095. 944.205 (1) (a) of the statutes is created to read:

SB55-ASA1,1243,2 944.205 (1) (a) "Exhibit" has the meaning given in s. 948.01 (1d).

SB55-ASA1, s. 2096 Section 2096. 944.205 (1) (c) of the statutes is created to read:

SB55-ASA1,1243,4 944.205 (1) (c) "Recording" has the meaning given in 948.01 (3r).

SB55-ASA1, s. 2097 Section 2097. 944.205 (2) (a) of the statutes is amended to read:

SB55-ASA1,1243,13 944.205 (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.

SB55-ASA1, s. 2098 Section 2098. 944.205 (2) (b) of the statutes is repealed and recreated to read:

SB55-ASA1,1243,16 944.205 (2) (b) Copies, possesses, exhibits, stores, or distributes a recording of an image if all of the following apply:

SB55-ASA1,1243,18 1. The recording was done in violation of par. (a) or was previously copied in violation of this paragraph.

SB55-ASA1,1243,20 2. The actor knows or has reason to know that the violation described under subd. 1. has occurred.

SB55-ASA1,1243,22 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.).

SB55-ASA1,1243,23 4. The recording depicts the same nudity recorded in violation of par. (a).

SB55-ASA1, s. 2099 Section 2099. 944.205 (3) of the statutes is amended to read:

SB55-ASA1,1244,6 944.205 (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:

SB55-ASA1,1244,8 (a) Make and Record, copy, possess , exhibit, or store the photograph, motion picture, videotape or other visual representation reproduction of the child recording.

SB55-ASA1,1244,12 (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.

SB55-ASA1, s. 2100 Section 2100. 944.205 (4) of the statutes is amended to read:

SB55-ASA1,1244,18 944.205 (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.

SB55-ASA1, s. 2101 Section 2101. 944.21 (2) (am) of the statutes is created to read:

SB55-ASA1,1244,20 944.21 (2) (am) "Exhibit" has the meaning given in s. 948.01 (1d).

SB55-ASA1, s. 2102 Section 2102. 944.21 (2) (c) (intro.) of the statutes is amended to read:

SB55-ASA1,1244,23 944.21 (2) (c) (intro.) "Obscene material" means a writing, picture, sound recording or film which , or other recording that:

SB55-ASA1, s. 2103 Section 2103. 944.21 (2) (dm) of the statutes is created to read:

SB55-ASA1,1244,25 944.21 (2) (dm) "Recording" has the meaning given in s. 948.01 (3r).

SB55-ASA1, s. 2104 Section 2104. 944.21 (3) (a) of the statutes is amended to read:

SB55-ASA1,1245,3 944.21 (3) (a) Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or transfers distributes any obscene material.

SB55-ASA1, s. 2105 Section 2105. 944.21 (4) (a) and (b) of the statutes are amended to read:

SB55-ASA1,1245,6 944.21 (4) (a) Transfers or Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.

SB55-ASA1,1245,8 (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.

SB55-ASA1, s. 2106 Section 2106. 944.21 (9) of the statutes is amended to read:

SB55-ASA1,1245,12 944.21 (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.

SB55-ASA1, s. 2107 Section 2107. 944.25 of the statutes is created to read:

SB55-ASA1,1245,15 944.25 Sending obscene or sexually explicit electronic messages. (1) In this section:

SB55-ASA1,1245,18 (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.

SB55-ASA1,1245,19 (b) "Obscene material" has the meaning given in s. 944.21 (2) (c).

SB55-ASA1,1245,20 (c) "Sexually explicit conduct" has the meaning given in s. 948.01 (7).

SB55-ASA1,1245,24 (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.