Amendment ASA1-SB55

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.

SB55-ASA1, s. 3966h Section 3966h. 945.05 (1) (intro.) of the statutes is amended to read:

SB55-ASA1,1246,3 945.05 (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:

SB55-ASA1, s. 3966j Section 3966j. 945.05 (1e) of the statutes is renumbered 945.05 (1e) (b) (intro.) and amended to read:

SB55-ASA1,1246,9 945.05 (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:

SB55-ASA1,1246,12 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.

SB55-ASA1, s. 3966m Section 3966m. 945.05 (1e) (a) of the statutes is created to read:

SB55-ASA1,1246,15 945.05 (1e) (a) In this subsection, "authorized gambling facility" means any of the following:

SB55-ASA1,1246,16 1. An Indian gaming facility, as defined in s. 569.01 (1j).

SB55-ASA1,1246,18 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.

SB55-ASA1,1246,19 3. A facility at which gambling lawfully takes place.

SB55-ASA1, s. 3966q Section 3966q. 945.05 (1e) (b) 1. of the statutes is created to read:

SB55-ASA1,1246,21 945.05 (1e) (b) 1. An authorized gambling facility.

SB55-ASA1, s. 3966r Section 3966r. 946.82 (4) of the statutes is amended to read:

SB55-ASA1,1247,11 946.82 (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) 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, 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.

SB55-ASA1, s. 2108 Section 2108. 948.01 (1d) of the statutes is created to read:

SB55-ASA1,1247,15 948.01 (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.

SB55-ASA1, s. 2109 Section 2109. 948.01 (3r) of the statutes is created to read:

SB55-ASA1,1247,18 948.01 (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.

SB55-ASA1, s. 2110 Section 2110. 948.05 (1) (a) of the statutes is amended to read:

SB55-ASA1,1247,22 948.05 (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.

SB55-ASA1, s. 2111 Section 2111. 948.05 (1) (b) of the statutes is amended to read:

SB55-ASA1,1247,25 948.05 (1) (b) Photographs, films, videotapes, records the sounds of Records or displays in any way a child engaged in sexually explicit conduct.

SB55-ASA1, s. 2112 Section 2112. 948.05 (1m) of the statutes is amended to read:

SB55-ASA1,1248,9 948.05 (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.

SB55-ASA1, s. 2113 Section 2113. 948.07 (4) of the statutes is amended to read:

SB55-ASA1,1248,12 948.07 (4) Taking a picture or making an audio recording of Recording the child engaging in sexually explicit conduct.