LRB-4443/1
CMH:emw
2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Senators Olsen and
Lassa, cosponsored by
Representatives Jagler, Ballweg, Duchow, Horlacher, Kahl, Kremer,
Rohrkaste and Subeck. Referred to Committee on Judiciary and Public
Safety.
SB614,1,4
1An Act to renumber and amend 942.09 (2) (bm);
to amend 942.09 (2) (cm) and
2942.09 (3m) (b) 1.; and
to create 942.09 (2) (bm) 2m. of the statutes;
relating
3to: capturing and distributing a representation of a nude child and providing
4a criminal penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from photographing, videotaping, or otherwise
capturing an image of a nude person without the depicted person's consent. A person
who does so or who possesses, distributes, or exhibits the image, knowing the image
was without the depicted person's consent, is guilty of a Class I felony. Current law
generally excepts a parent, guardian, or legal custodian of a child who photographs,
videotapes, or otherwise captures an image of the child nude or who distributes or
exhibits an image of the child nude for noncommercial purposes. This bill limits the
exception so that it excludes a parent, guardian, or legal custodian of a child who
photographs, videotapes, or otherwise captures an image, or distributes or exhibits
an image, of the child nude for the purpose of sexual arousal, gratification,
humiliation, degradation, or monetary or commercial gain.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB614,1
1Section
1. 942.09 (2) (bm) of the statutes is renumbered 942.09 (2) (bm) 1m.,
2and 942.09 (2) (bm) 1m. (intro.) and b., as renumbered, are amended to read:
SB614,2,73
942.09
(2) (bm) 1m. (intro.) Notwithstanding par. (am), if the person depicted
4nude in a representation or reproduction is a child
and the capture, possession,
5exhibition, or distribution of the representation, or making, possession, exhibition,
6or distribution of the reproduction, does not violate s. 948.05 or 948.12, a parent,
7guardian, or legal custodian of the child may do any of the following:
SB614,2,108
b. Distribute or exhibit a representation captured or possessed under subd.
1. 91m. a., or distribute or exhibit a reproduction made or possessed under subd.
1., if
10the distribution or exhibition is not for commercial purposes
1m. a.
SB614,2
11Section
2. 942.09 (2) (bm) 2m. of the statutes is created to read:
SB614,2,1612
942.09
(2) (bm) 2m. Subdivision 1m. does not apply to a parent, guardian, or
13legal custodian of a child who captures, possesses, makes, distributes, or exhibits a
14representation depicting the child in violation of s. 948.05 or 948.12 or for the purpose
15of sexual arousal, gratification, humiliation, degradation, or monetary or
16commercial gain.
SB614,3
17Section
3. 942.09 (2) (cm) of the statutes is amended to read:
SB614,2,2218
942.09
(2) (cm)
This subsection Paragraph (am) does not apply to a person who
19receives a representation or reproduction depicting a child from a parent, guardian,
20or legal custodian of the child under par. (bm)
2.
1m. b., if the possession, exhibition,
21or distribution is not for
the purpose of sexual arousal, gratification, humiliation,
22degradation, or monetary or commercial
purposes
gain.
SB614,4
23Section
4. 942.09 (3m) (b) 1. of the statutes is amended to read:
SB614,3,224
942.09
(3m) (b) 1. The parent, guardian, or legal custodian of the person
25depicted if the private representation does not violate s. 948.05 or 948.12 and the
1posting or publication is not for
the purpose of sexual arousal, gratification,
2humiliation, degradation, or monetary or commercial
purposes gain.
