LRB-0623/1
JEO:mfd:km
1997 - 1998 LEGISLATURE
April 11, 1997 - Introduced by Representatives Seratti, Hoven, Wasserman,
Green, Freese, Albers, Ainsworth, Musser, Otte, Kreibich, Lazich,
Hasenohrl, Walker, Gunderson, Powers, Ryba and Sykora, cosponsored by
Senator A. Lasee. Referred to Committee on Criminal Justice and
Corrections.
AB276,1,2
1An Act to amend chapter 942 (title); and
to create 942.08 of the statutes;
2relating to: criminal invasion of privacy and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a person is prohibited from doing
any of the following: 1) making a visual representation (including a photograph,
motion picture or videotape) that depicts nudity without the knowledge and consent
of the person who is depicted nude; or 2) possessing or distributing a visual
representation that depicts nudity if the person knows or has reason to know that
the visual representation was made without the knowledge and consent of the person
who is depicted nude.
This bill prohibits a person from knowingly installing or using a surveillance
device in any place with the intent to observe any nude or partially nude person
without the consent of the person observed. The bill defines "surveillance device" to
mean any device, instrument, apparatus, implement, mechanism or contrivance
that is used, designed to be used or primarily intended to be used to observe the
activities of a person, including a peephole or similar method of direct sight
observation. A person who violates the prohibition created in the bill may be fined
not more than $10,000 or imprisoned for not more than 9 months or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB276, s. 1
1Section
1. Chapter 942 (title) of the statutes is amended to read:
AB276,2,43
CRIMES AGAINST REPUTATIOn
,
4
Privacy AND CIVIL LIBERTIES
AB276, s. 2
5Section
2. 942.08 of the statutes is created to read:
AB276,2,6
6942.08 Invasion of privacy. (1) In this section:
AB276,2,117
(a) "Nude or partially nude person" means any human being who has less than
8fully and opaquely covered genitals, pubic area or buttocks, any female human being
9who has less than a fully opaque covering over any portion of a breast below the top
10of the nipple, or any male human being with covered genitals in a discernibly turgid
11state.
AB276,2,1512
(b) "Surveillance device" means any device, instrument, apparatus,
13implement, mechanism or contrivance used, designed to be used or primarily
14intended to be used to observe the activities of a person. "Surveillance device"
15includes a peephole or similar method of direct sight observation.
AB276,2,18
16(2) Whoever knowingly installs or uses a surveillance device in any place with
17the intent to observe any nude or partially nude person without the consent of the
18person observed is guilty of a Class A misdemeanor.
