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1Section
1. 895.437 of the statutes is created to read:
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2895.437 Sending unsolicited obscene or sexually explicit images;
3action for. (1) In this section:
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(a) “Image” includes a moving visual image.
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(b) “Sexual intercourse” has the meaning given in s. 944.27 (1) (b).
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(c) “Unsolicited” has the meaning given in s. 944.27 (1) (c).
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7(2) A person has a civil cause of action against another person who knowingly
8sends by electronic means an image depicting a person engaging in an act of sexual
9intercourse or masturbation or depicting the exposed genitals or anus of any person
10that the person who sends the image knows or reasonably should know is unsolicited.
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11(3) (a) A plaintiff who suffers harm as a result of receiving an image in violation
12of sub. (2) and prevails in an action under this section may recover economic and
13noneconomic damages proximately caused by the transmittal of the image, including
14damages for emotional distress.
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(b) A plaintiff who suffers harm as a result of receiving an image, the
16transmittal of which had been expressly forbidden by the plaintiff, in violation of sub.
17(2), and prevails in an action under this section may recover any of the following:
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1. Economic and noneconomic damages proximately caused by the sending of
19the image, including damages for emotional distress.
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12. Upon request of the plaintiff at any time before the final judgment is
2rendered, in lieu of those damages specified in subd. 1., an award of statutory
3damages in a sum of not less than $1,500 but not more than $30,000.
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3. Punitive damages.
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4. Reasonable attorney's fees and costs.
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5. Any other available relief, including injunctive relief.
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(c) The remedies provided by this section are cumulative and may not be
8construed as restricting a remedy that is available under any other law.
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(d) This section does not apply to any of the following:
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1. An Internet service provider, mobile data provider, or operator of an online
11or mobile application, to the extent that the entity is transmitting, routing, or
12providing connections for electronic communications initiated by or at the direction
13of another person.
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2. Any service that transmits images or audiovisual works, including an
15on-demand, subscription, or advertising-supported service.
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3. A health care provider transmitting an image for a legitimate medical
17purpose.
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18Section
2. 944.27 of the statutes is created to read:
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19944.27 Sending unsolicited obscene or sexually explicit images. (1) In
20this section:
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(a) “Image” includes a moving visual image.
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(b) “Sexual intercourse” means vulvar penetration as well as cunnilingus,
23fellatio, or anal intercourse between persons or any other intrusion, however slight,
24of any part of a person's body or of any object into the genital or anal opening of
25another person.
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1(c) “Unsolicited” means that the recipient has not requested the image, has not
2consented to its transmittal, or has expressly forbidden its transmittal.
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3(2) Whoever knowingly sends an unsolicited image by electronic means,
4directed to another person, depicting a person engaging in an act of sexual
5intercourse or masturbation or depicting the exposed genitals or anus of any person
6is subject to the following:
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(a) Except as provided in par. (b), a forfeiture not to exceed $250 for a first
8violation, and a forfeiture not to exceed $500 for any subsequent violation.
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(b) If the person is under 18 years of age, a written warning for a first violation,
10and for any subsequent violation before the person is 18 years of age, a forfeiture not
11to exceed $250.
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12(3) This section does not apply to any of the following:
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(a) An Internet service provider, mobile data provider, or operator of an online
14or mobile application, to the extent that the entity is transmitting, routing, or
15providing connections for electronic communications initiated by or at the direction
16of another person.
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(b) Any service that transmits images or audiovisual works, including an
18on-demand, subscription, or advertising-supported service.
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(c) A health care provider transmitting an image for a legitimate medical
20purpose.
