948.098 HistoryHistory: 2023 a. 200; s. 13.92 (1) (bm) 2.; s. 35.17 correction in (1) (a) 2. (intro.).

948.10(1)(1) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals, pubic area, or intimate parts or exposes genitals, pubic area, or intimate parts to a child is guilty of the following:

948.10(1)(b)2.2. At the time of the violation, the actor had not attained the age of 19 years and was not more than 4 years older than the child.

948.10 AnnotationLike other statutes in this chapter that create strict liability for crimes against children, this section can only be employed in situations involving face-to-face contact at the time of the crime and not to remote exposures such as over the Internet. This section lacks the scienter element of age of the victim that is necessary in a variable obscenity statute. State v. Stuckey, 2013 WI App 98, 349 Wis. 2d 654, 837 N.W.2d 160, 12-1776.

948.11(1)(ag)(ag) “Harmful description or narrative account” means any explicit and detailed description or narrative account of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality that, taken as a whole, is harmful to children.

948.11(1)(ar)1.1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or

948.11(1)(ar)2.2. Any book, pamphlet, magazine, printed matter however reproduced or recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.

948.11(1)(b)(b) “Harmful to children” means that quality of any description, narrative account or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:

948.11(1)(b)1.1. Predominantly appeals to the prurient, shameful or morbid interest of children;

948.11(1)(b)2.2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children; and

948.11(1)(b)3.3. Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.

948.11(1)(d)(d) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

948.11(1)(e)(e) “Person” means any individual, partnership, firm, association, corporation or other legal entity.

948.11(1)(f)(f) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

948.11(2)(a)(a) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

948.11(2)(a)1.1. The person knows or reasonably should know that the child has not attained the age of 18 years.

948.11(2)(a)2.2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.