The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB521,1
1Section
1. 942.08 (1) (c) of the statutes is amended to read:
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942.08
(1) (c) "Surveillance device" means any device, instrument, apparatus,
3implement, mechanism or contrivance used, designed to be used
or primarily
4intended to be used to observe
, or capable of observing, the activities of a person.
5"Surveillance device" includes a peephole.
AB521,2
6Section
2. 942.08 (2) (a) of the statutes is amended to read:
AB521,2,107
942.08
(2) (a) Knowingly installs a surveillance device in any private place, or
8uses a surveillance device
that has been installed
to observe in a private place, with
9the intent to observe any nude or partially nude person without the consent of the
10person observed.
AB521,3
11Section
3. 942.09 (1) (a) of the statutes is amended to read:
AB521,2,1412
942.09
(1) (a) "Captures a representation" means takes a photograph, makes
13a motion picture, videotape,
recording, or other visual
or audio representation, or
14records or stores in any medium data that represents a visual image.
AB521,4
15Section
4. 942.09 (1) (ae) of the statutes is created to read:
AB521,3,5
1942.09
(1) (ae) "Consent" means words or overt actions by a person who is
2competent to give informed consent indicating a freely given agreement to the act.
3A person who has not attained the age of 18 is incapable of consent. The following
4persons are presumed incapable of consent but the presumption may be rebutted by
5competent evidence, subject to the provisions of s. 972.11 (2):
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1. A person suffering from a mental illness or defect that impairs capacity to
7appraise personal conduct.
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2. A person who is unconscious or for any other reason is physically unable to
9communicate unwillingness to an act.
AB521,5
10Section
5. 942.09 (1) (ag) of the statutes is created to read:
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942.09
(1) (ag) "Intimate representation" means any of the following:
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1. A representation of a nude or partially nude person.
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2. A representation of clothed, covered, or partially clothed or covered genitalia
14or buttock that is not otherwise visible to the public.
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3. A representation of a person urinating, defecating, or using a feminine
16hygiene product.
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4. A representation of person engaged in sexual intercourse or sexual contact,
18as defined in s. 940.225 (5) (b) or (c).
AB521,6
19Section
6. 942.09 (1) (c) of the statutes is amended to read:
AB521,3,2220
942.09
(1) (c) "Representation" means a photograph, exposed film, motion
21picture, videotape,
recording, other visual
or audio representation, or data that
22represents a visual image
or audio recording.
AB521,7
23Section
7. 942.09 (2) (am) 1., 2. and 3. of the statutes are amended to read:
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942.09
(2) (am) 1. Captures
a an intimate representation
that depicts nudity 25without the
knowledge and consent of the person
who is depicted
nude while that
1person is nude in a circumstance under circumstances in which he or she has a
2reasonable expectation of privacy, if the person knows or has reason to know that the
3person who is depicted
nude does not
know of and consent to the capture of the
4intimate representation.
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2. Makes a reproduction of
a an intimate representation that the person knows
6or has reason to know was captured in violation of subd. 1. and that depicts
the nudity
7depicted in the an intimate representation captured in violation of subd. 1., if the
8person depicted
nude in the reproduction did not consent to the making of the
9reproduction.
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3. Possesses, distributes, or exhibits
a an intimate representation that was
11captured in violation of subd. 1. or a reproduction made in violation of subd. 2., if the
12person knows or has reason to know that the
intimate representation was captured
13in violation of subd. 1. or the reproduction was made in violation of subd. 2., and if
14the person who is depicted
nude in the
intimate representation or reproduction did
15not consent to the possession, distribution, or exhibition.
AB521,8
16Section
8. 942.09 (2) (bm) (intro.) of the statutes is amended to read:
AB521,4,2217
942.09
(2) (bm) (intro.) Notwithstanding par. (am), if the person depicted
nude 18in
a an intimate representation or reproduction is a child and the capture,
19possession, exhibition, or distribution of the
intimate representation, or making,
20possession, exhibition, or distribution of the reproduction, does not violate s. 948.05
21or 948.12, a parent, guardian, or legal custodian of the child may do any of the
22following:
AB521,9
23Section
9. 972.11 (2) (b) (intro.) of the statutes is amended to read:
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972.11
(2) (b) (intro.) If the defendant is accused of a crime under s. 940.225,
25942.09, 948.02, 948.025, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, 948.09, or
1948.095, or under s. 940.302 (2), if the court finds that the crime was sexually
2motivated, as defined in s. 980.01 (5), any evidence concerning the complaining
3witness's prior sexual conduct or opinions of the witness's prior sexual conduct and
4reputation as to prior sexual conduct shall not be admitted into evidence during the
5course of the hearing or trial, nor shall any reference to such conduct be made in the
6presence of the jury, except the following, subject to s. 971.31 (11):
AB521,10
7Section
10. 972.11 (2) (d) 1. (intro.) of the statutes is amended to read:
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972.11
(2) (d) 1. (intro.) If the defendant is accused of a crime under s. 940.225,
9942.09, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, evidence of the manner
10of dress of the complaining witness at the time when the crime occurred is admissible
11only if it is relevant to a contested issue at trial and its probative value substantially
12outweighs all of the following: