2015 WISCONSIN ACT
292
An Act
to amend
942.08 (1) (c), 942.08 (2) (a), 942.09 (1) (a), 942.09 (1) (c), 942.09 (2) (am) 1., 2. and 3., 942.09 (2) (bm) (intro.), 942.09 (3m) (b) 4., 972.11 (2) (b) (intro.) and 972.11 (2) (d) 1. (intro.); and
to create
942.09 (1) (ae), 942.09 (1) (ag) and 942.09 (2) (dm) of the statutes;
relating to:
invasions of privacy and providing a criminal penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
942.08 (1) (c) of the statutes is amended to read:
942.08
(1)
(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
, or capable of observing,
the activities of a person. "Surveillance device" includes a peephole.
Section
2
.
942.08 (2) (a) of the statutes is amended to read:
942.08
(2)
(a) Knowingly installs a surveillance device in any private place, or uses a surveillance device
that has been installed
to observe
in a private place, with the intent to observe any nude or partially nude person without the consent of the person observed.
Section
3
.
942.09 (1) (a) of the statutes is amended to read:
942.09
(1)
(a) "Captures a representation" means takes a photograph, makes a motion picture, videotape,
recording,
or other visual
or audio
representation, or records or stores in any medium data that represents a visual image.
Section
4
.
942.09 (1) (ae) of the statutes is created to read:
942.09
(1)
(ae) "Consent" means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to the act. A person who has not attained the age of 18 is incapable of consent. The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2):
1. A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct.
2. A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
Section
5
.
942.09 (1) (ag) of the statutes is created to read:
942.09
(1)
(ag) "Intimate representation" means any of the following:
1. A representation of a nude or partially nude person.
2. A representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public.
3. A representation of a person urinating, defecating, or using a feminine hygiene product.
4. A representation of person engaged in sexual intercourse or sexual contact, as defined in s. 940.225 (5) (b) or (c).
Section
6
.
942.09 (1) (c) of the statutes is amended to read:
942.09
(1)
(c) "Representation" means a photograph, exposed film, motion picture, videotape,
recording,
other visual
or audio
representation, or data that represents a visual image
or audio recording
.
Section
7
.
942.09 (2) (am) 1., 2. and 3. of the statutes are amended to read:
942.09
(2)
(am) 1. Captures
a
an intimate
representation
that depicts nudity
without the
knowledge and
consent of the person
who is
depicted
nude while that person is nude in a
circumstance
under circumstances
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
intimate
representation.
2. Makes a reproduction of
a
an intimate
representation that the person knows or has reason to know was captured in violation of subd. 1. and that depicts
the nudity depicted in the
an intimate
representation captured in violation of subd. 1., if the person depicted
nude
in the reproduction did not consent to the making of the reproduction.
3. Possesses, distributes, or exhibits
a
an intimate
representation that was captured in violation of subd. 1. or a reproduction made in violation of subd. 2., if the person knows or has reason to know that the
intimate
representation was captured in violation of subd. 1. or the reproduction was made in violation of subd. 2., and if the person who is depicted
nude
in the
intimate
representation or reproduction did not consent to the possession, distribution, or exhibition.
Section
8
.
942.09 (2) (bm) (intro.) of the statutes is amended to read:
942.09
(2)
(bm) (intro.) Notwithstanding par. (am), if the person depicted
nude
in
a
an intimate
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:
Section
8g
.
942.09 (2) (dm) of the statutes is created to read:
942.09
(2)
(dm) This subsection does not apply to a provider of an interactive computer service, as defined in
47 USC 230
(f) (2), or to an information service or telecommunications service, as defined in
47 USC 153
, if the intimate representation or reproduction is provided to the interactive computer service, information service, or telecommunications service by a 3rd party, or to a person who posts or publishes a private representation that is newsworthy or of public importance.
Section
8p
.
942.09 (3m) (b) 4. of the statutes is amended to read:
942.09
(3m)
(b) 4. A provider of
electronic communication services that provides Internet access service to customers
an interactive computer service, as defined in
47 USC 230
(f) (2), or to an information service or telecommunications service, as defined in
47 USC 153
, if the private representation is provided to the interactive computer service, information service, or telecommunications service by a 3rd party
.
Section
9
.
972.11 (2) (b) (intro.) of the statutes is amended to read:
972.11
(2)
(b) (intro.) If the defendant is accused of a crime under s. 940.225,
942.09,
948.02, 948.025, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, 948.09, or 948.095, or under s. 940.302 (2), if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5), any evidence concerning the complaining witness's prior sexual conduct or opinions of the witness's prior sexual conduct and reputation as to prior sexual conduct shall not be admitted into evidence during the course of the hearing or trial, nor shall any reference to such conduct be made in the presence of the jury, except the following, subject to s. 971.31 (11):
Section
10
.
972.11 (2) (d) 1. (intro.) of the statutes is amended to read:
972.11
(2)
(d) 1. (intro.) If the defendant is accused of a crime under s. 940.225,
942.09,
948.02, 948.025, 948.05, 948.06, 948.085, or 948.095, evidence of the manner of dress of the complaining witness at the time when the crime occurred is admissible only if it is relevant to a contested issue at trial and its probative value substantially outweighs all of the following:
