LRB-0665/1
PJH:kjf:rs
2007 - 2008 LEGISLATURE
January 12, 2007 - Introduced by Representative Schneider. Referred to
Committee on Criminal Justice.
AB8,1,4
1An Act to renumber and amend 942.09 (2), 942.09 (3) and 942.09 (4); and
to
2create 175.22, 942.09 (1) (am) and 942.09 (5) of the statutes;
relating to:
3capturing an image of a nude or partially nude person in a locker room, written
4policies on privacy in locker rooms, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits taking a photograph or making a motion picture,
videotape, or other visual depiction of a nude person, or recording or storing data
representing a depiction of a nude person, if: 1) when the depiction is created, its
subject is nude under circumstances in which he or she has a reasonable expectation
of privacy; 2) the subject has not consented to the creation of the depiction; and 3) the
person who creates the depiction knows or has reason to know that the subject of the
depiction has not provided that consent. Current law also prohibits a person from
reproducing, distributing, or possessing such a depiction, or data representing such
a depiction, without the consent of the subject of the depiction if the person knows
or has reason to know that the depiction was unlawfully created. A person who
violates one of these prohibitions may be fined up to $10,000 or sentenced to a term
of imprisonment of up to five years (which, if the sentence is for more than one year,
includes a term of confinement and a term of extended supervision) or both. These
prohibitions do not apply to parents, guardians, and legal custodians when they
produce or possess depictions of their children nude or when they distribute such
depictions for other than commercial purposes.
This bill prohibits someone who is in a locker room from intentionally depicting
a nude or partially nude person, through a photograph, motion picture, or other
means described above, while the person is nude or partially nude in the locker room.
A person who violates this prohibition may be fined up to $1,000 or sentenced to a
term of imprisonment of up to 90 days or both. This prohibition does not apply if the
person depicted nude or partially nude consents to the depiction and: 1) the person
is, or the actor reasonably believes that the person is, 18 years of age or over when
the person gives his or her consent; or 2) the person's parent, guardian, or legal
custodian consents to the depiction. The bill also prohibits someone from
intentionally: 1) depicting a nude or partially nude person while the actor is present
in, and the person is nude or partially nude in, a locker room and exhibiting or
distributing the depiction to another person; or 2) transmitting or broadcasting from
a locker room an image of a nude or partially nude person while the person is nude
or partially nude in the locker room. A person who violates this prohibition may be
fined up to $1,000 or sentenced to a term of imprisonment of up to 90 days or both.
This prohibition does not apply if the person depicted nude or partially nude consents
to the exhibition or distribution of the representation or the transmission or
broadcasting of the image and: 1) the person is, or the actor reasonably believes that
the person is, 18 years of age or over when the person gives his or her consent; or 2)
the person's parent, guardian, or legal custodian consents to the exhibition,
distribution, transmission, or broadcast.
This bill also requires any person, including the state, that owns or operates a
locker room in this state to adopt a written policy on who may enter and remain in
the locker room to interview or seek information from any individual and what
cameras or other devices that record or transfer images may be used in the locker
room. The policy must reflect the privacy interests of the individuals who use the
locker room.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB8, s. 1
1Section
1. 175.22 of the statutes is created to read:
AB8,2,2
2175.22 Policy on privacy in locker rooms. (1) In this section:
AB8,2,33
(a) "Person" includes the state.
AB8,3,2
1(b) "Recording device" means a camera, a video recorder, or any other device
2that may be used to record or transfer images.
AB8,3,4
3(2) Any person that owns or operates a locker room in this state shall adopt a
4written policy that does all of the following:
AB8,3,65
(a) Specifies who may enter and remain in the locker room to interview or seek
6information from any individual in the locker room.
AB8,3,87
(b) Specifies the recording devices that may be used in the locker room and the
8circumstances under which they may be used.
AB8,3,99
(c) Reflects the privacy interests of individuals who use the locker room.
AB8, s. 2
10Section
2. 942.09 (1) (am) of the statutes is created to read:
AB8,3,1211
942.09
(1) (am) "Nude or partially nude person" has the meaning given in s.
12942.08 (1) (a).
AB8, s. 3
13Section
3. 942.09 (2) of the statutes is renumbered 942.09 (2) (am), and 942.09
14(2) (am) 2. and 3., as renumbered, are amended to read:
AB8,3,1915
942.09
(2) (am) 2. Makes a reproduction of a representation that the person
16knows or has reason to know was captured in violation of
par. (a) subd. 1. and that
17depicts the nudity depicted in the representation captured in violation of
par. (a) 18subd. 1., if the person depicted nude in the reproduction did not consent to the
19making of the reproduction.
AB8,3,2520
3. Possesses, distributes, or exhibits a representation that was captured in
21violation of
par. (a) subd. 1. or a reproduction made in violation of
par. (b) subd. 2.,
22if the person knows or has reason to know that the representation was captured in
23violation of
par. (a) subd. 1. or the reproduction was made in violation of
par. (b)
subd.
242., and if the person who is depicted nude in the representation or reproduction did
25not consent to the possession, distribution, or exhibition.
AB8, s. 4
1Section
4. 942.09 (3) of the statutes is renumbered 942.09 (2) (bm), and 942.09
2(2) (bm) (intro.) and 2., as renumbered, are amended to read:
AB8,4,73
942.09
(2) (bm) (intro.) Notwithstanding
sub. (2) (a), (b), and (c) par. (am), if the
4person depicted nude in a representation or reproduction is a child and the capture,
5possession, exhibition, or distribution of the representation, or making, possession,
6exhibition, or distribution of the reproduction, does not violate s. 948.05 or 948.12,
7a parent, guardian, or legal custodian of the child may do any of the following:
AB8,4,108
2. Distribute or exhibit a representation captured or possessed under
par. (a) 9subd. 1., or distribute or exhibit a reproduction made or possessed under
par. (a) 10subd. 1., if the distribution or exhibition is not for commercial purposes.
AB8, s. 5
11Section
5. 942.09 (4) of the statutes is renumbered 942.09 (2) (cm) and
12amended to read:
AB8,4,1613
942.09
(2) (cm) This
section subsection does not apply to a person who receives
14a representation or reproduction depicting a child from a parent, guardian, or legal
15custodian of the child under
sub. (3) (b) par. (bm) 2., if the possession, exhibition, or
16distribution is not for commercial purposes.
AB8, s. 6
17Section
6. 942.09 (5) of the statutes is created to read:
AB8,4,2218
942.09
(5) (a) Whoever, while present in a locker room, intentionally captures
19a representation of a nude or partially nude person while the person is nude or
20partially nude in the locker room is guilty of a Class B misdemeanor. This paragraph
21does not apply if the person consents to the capture of the representation and one of
22the following applies:
AB8,4,2423
1. The person is, or the actor reasonably believes that the person is, 18 years
24of age or over when the person gives his or her consent.
AB8,5,2
12. The person's parent, guardian, or legal custodian consents to the capture of
2the representation.
AB8,5,43
(b) 1. Whoever intentionally does any of the following is guilty of a Class A
4misdemeanor:
AB8,5,75
a. Captures a representation of a nude or partially nude person while the actor
6is present in, and the person is nude or partially nude in, the locker room and exhibits
7or distributes the representation to another.
AB8,5,98
b. Transmits or broadcasts an image of a nude or partially nude person from
9a locker room while the person is nude or partially nude in the locker room.
AB8,5,1210
2. This paragraph does not apply if the person consents to the exhibition or
11distribution of the representation or the transmission or broadcast of the image and
12one of the following applies:
AB8,5,1413
a. The person is, or the actor reasonably believes that the person is, 18 years
14of age or over when the person gives his or her consent.
AB8,5,1615
b. The person's parent, guardian, or legal custodian consents to the exhibition,
16distribution, transmission, or broadcast.
AB8, s. 7
17Section
7.
Effective dates. This act takes effect on the day after publication,
18except as follows:
AB8,5,2019
(1)
The treatment of section 175.22 of the statutes takes effect on the first day
20of the 6th month beginning after publication.
