Wisconsin § 942.09 - Representations depicting nudity.

§ 942.09. Representations depicting nudity.

942.09(1) (1) In this section: 942.09(1)(a) (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. 942.09(1)(ae) (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) : 942.09(1)(ae)1. 1. A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct. 942.09(1)(ae)2. 2. A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. 942.09(1)(ag) (ag) “Intimate representation” means any of the following: 942.09(1)(ag)1. 1. A representation of a nude or partially nude person. 942.09(1)(ag)2. 2. A representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public. 942.09(1)(ag)3. 3. A representation of a person urinating, defecating, or using a feminine hygiene product. 942.09(1)(ag)4. 4. A representation of person engaged in sexual intercourse or sexual contact, as defined in s. 940.225 (5) (b) or (c) . 942.09(1)(am) (am) “Nude or partially nude person” has the meaning given in s. 942.08 (1) (a) . 942.09(1)(b) (b) “Nudity” has the meaning given in s. 948.11 (1) (d) . 942.09(1)(bg) (bg) “Post or publish” includes posting or publishing on a website on the Internet, if the website may be viewed by the general public. 942.09(1)(bn) (bn) “Private representation” means a representation depicting a nude or partially nude person or depicting a person engaging in sexually explicit conduct that is intended by the person depicted in the representation to be captured, viewed, or possessed only by the person who, with the consent of the person depicted, captured the representation or to whom the person depicted directly and intentionally gave possession of the representation. 942.09(1)(c) (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. 942.09(1)(d) (d) “Sexually explicit conduct” has the meaning given in s. 948.01 (7) . 942.09(1)(e) (e) “Synthetic intimate representation” means a representation generated using technological means that uses an identifiable person’s face, likeness, or other distinguishing characteristic to depict an intimate representation of that person, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible, and that is so realistic that a reasonable person would believe it depicts conduct of the identifiable person. 942.09(2) (2) 942.09(2)(am) (am) Except as provided in par. (dr) , whoever does any of the following is guilty of a Class I felony: 942.09(2)(am)1. 1. Captures an intimate representation without the consent of the person depicted 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 does not consent to the capture of the intimate representation. 942.09(2)(am)2. 2. Makes a reproduction of an intimate representation that the person knows or has reason to know was captured in violation of subd. 1. and that depicts an intimate representation captured in violation of subd. 1. , if the person depicted in the reproduction did not consent to the making of the reproduction. 942.09(2)(am)3. 3. Possesses, distributes, or exhibits 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 in the intimate representation or reproduction did not consent to the possession, distribution, or exhibition. 942.09(2)(am)4. 4. Posts, publishes, distributes, or exhibits a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate that person. 942.09(2)(bm) (bm) 942.09(2)(bm)1m. 1m. Notwithstanding par. (am) , if the person depicted in an intimate representation or reproduction is a child, a parent, guardian, or legal custodian of the child may do any of the following: 942.09(2)(bm)1m.a. a. Capture and possess the representation or make and possess the reproduction depicting the child. 942.09(2)(bm)1m.b. b. Distribute or exhibit a representation captured or possessed under subd. 1m. a. , or distribute or exhibit a reproduction made or possessed under subd. 1m. a. 942.09(2)(bm)2m. 2m. Subdivision 1m. does not apply to a parent, guardian, or legal custodian of a child who captures, possesses, makes, distributes, or exhibits a representation depicting the child in violation of s.