942.07(4)
(4) Whoever violates this section is guilty of a Class B misdemeanor.
942.07 History
History: 1991 a. 117.
942.08
942.08
Invasion of privacy. 942.08(1)(a)
(a) "Nude or partially nude person" means any human being who has less than fully and opaquely covered genitals, pubic area or buttocks, any female human being who has less than a fully opaque covering over any portion of a breast below the top of the nipple, or any male human being with covered genitals in a discernibly turgid state.
942.08(1)(b)
(b) "Private place" means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent.
942.08(1)(c)
(c) "Surveillance device" means any device, instrument, apparatus, implement, mechanism or contrivance used, designed to be used or primarily intended to be used to observe the activities of a person. "Surveillance device" includes a peephole.
942.08(2)
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
942.08(2)(a)
(a) Knowingly installs a surveillance device in any private place, or uses a surveillance device that has been installed in a private place, with the intent to observe any nude or partially nude person without the consent of the person observed.
942.08(2)(b)
(b) For the purpose of sexual arousal or gratification and without the consent of each person who is present in the private place, looks into a private place that is, or is part of, a public accommodation, as defined in
s. 134.48 (1) (b), and in which a person may reasonably be expected to be nude or partially nude.
942.08(2)(c)
(c) For the purpose of sexual arousal or gratification, looks into a private place that is, or is part of, a public accommodation, as defined in
s. 134.48 (1) (b), and in which a person may reasonably be expected to be nude or partially nude but in which no person is present.
942.08(2)(d)
(d) Enters another person's private property without that person's consent and looks into any individual's dwelling unit if all of the following apply:
942.08(2)(d)1.
1. The actor looks into the dwelling unit for the purpose of sexual arousal or gratification and with the intent to intrude upon or interfere with an individual's privacy.
942.08(2)(d)2.
2. The actor looks into a part of the dwelling unit in which an individual is present.
942.08(2)(d)3.
3. The individual has a reasonable expectation of privacy in that part of the dwelling unit.
942.08(2)(d)4.
4. The individual does not consent to the actor looking into that part of the dwelling.
942.08 History
History: 1997 a. 271;
2003 a. 50.
942.09
942.09
Representations depicting nudity. 942.09(1)(a)
(a) "Captures a representation" means takes a photograph, makes a motion picture, videotape, or other visual representation, or records or stores in any medium data that represents a visual image.
942.09(1)(c)
(c) "Representation" means a photograph, exposed film, motion picture, videotape, other visual representation, or data that represents a visual image.
942.09(2)
(2) Whoever does any of the following is guilty of a Class I felony:
942.09(2)(a)
(a) Captures a representation that depicts nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a circumstance in which he or she has a reasonable expectation of privacy, if the person knows or has reason to know that the person who is depicted nude does not know of and consent to the capture of the representation.
942.09(2)(b)
(b) Makes a reproduction of a representation that the person knows or has reason to know was captured in violation of
par. (a) and that depicts the nudity depicted in the representation captured in violation of
par. (a), if the person depicted nude in the reproduction did not consent to the making of the reproduction.
942.09(2)(c)
(c) Possesses, distributes, or exhibits a representation that was captured in violation of
par. (a) or a reproduction made in violation of
par. (b), if the person knows or has reason to know that the representation was captured in violation of
par. (a) or the reproduction was made in violation of
par. (b), and if the person who is depicted nude in the representation or reproduction did not consent to the possession, distribution, or exhibition.
942.09(3)
(3) Notwithstanding
sub. (2) (a),
(b), and
(c), if the person depicted nude in a representation or reproduction is a child and the capture, possession, exhibition, or distribution of the representation, or making, possession, exhibition, or distribution of the reproduction, does not violate
s. 948.05 or
948.12, a parent, guardian, or legal custodian of the child may do any of the following:
942.09(3)(a)
(a) Capture and possess the representation or make and possess the reproduction depicting the child.
942.09(3)(b)
(b) Distribute or exhibit a representation captured or possessed under
par. (a), or distribute or exhibit a reproduction made or possessed under
par. (a), if the distribution or exhibition is not for commercial purposes.
942.09(4)
(4) This section does not apply to a person who receives a representation or reproduction depicting a child from a parent, guardian, or legal custodian of the child under
sub. (3) (b), if the possession, exhibition, or distribution is not for commercial purposes.
942.09 History
History: 1995 a. 249;
2001 a. 16;
2001 a. 33 ss.
2 to
13; Stats. 2001 s. 942.09;
2001 a. 109.
