Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 9, 2024 Contact: Tom Koss, Staff Attorney
2023 Assembly Bill 315
Assembly Substitute
Amendment 1 and Assembly
Amendment 1 to Assembly
Substitute Amendment 1
BACKGROUND
State law prohibits the possession of child pornography, which generally applies to recordings of a
child, meaning a person who has not attained 18 years of age. Specifically, the statutes prohibit a person
from possessing, or accessing with intent to view, a recording of a child engaged in sexually explicit
conduct if the person: (1) knows that he or she possesses or has accessed the material; (2) knows, or
reasonably should know, that the material contains depictions of sexually explicit conduct; and (3)
knows or reasonably should know that the child depicted in the material has not attained the age of 18.
2023 Assembly Bill 3152023 Assembly Bill 315 prohibits conduct related to the possession of obscene
material that contains a depiction of a purported child engaging in sexually explicit conduct. Under the
bill, a “depiction of a purported child” is defined as “a visual representation that appears to depict an
actual child but does not depict an actual child.”
Under the bill, it is a Class D felony to receive, distribute, produce, possess, or access with intent to view
obscene material
1
that contains a “depiction of a purported child” engaging in sexually explicit conduct,
if both of the following circumstances apply: (1) the person knows that he or she received, distributed,
produced, possessed, or accessed the material; and (2) the person knows, or reasonably should know,
that the material contains a depiction of a purported child engaging in sexually explicit conduct.
ASSEMBLY SUBSTITUTE AMENDMENT 1
Assembly Substitute Amendment 1 prohibits similar conduct but does so in a newly created crime titled
“Possession of Virtual Pornography,” instead of adding the newly prohibited conduct within the current
law crime of child pornography, as provided under the bill.
In addition to prohibiting the conduct in a new, stand-alone crime, the substitute amendment differs
from the bill in the following ways:
Modifies the definition of “depiction of a purported child” to mean “a visual representation that
appears to depict an actual child but may or may not depict an actual child.”
1
The bill defines “obscene material” as a photograph, film, motion picture, or digital or computer-generated image or
picture, whether made or produced by electronic, mechanical, or other means, that: (1) the average person, applying
contemporary community standards, would find appeals to the prurient interest if taken as a whole; (2) under
contemporary community standards, describes or shows sexually explicit conduct in a patently offensive way; and (3)
lacks serious literary, artistic, political, educational, or scientific value, if taken as a whole. - 2 -
Allows a person to be in violation of the new crime if either, rather than both, of the following
conditions are met: (1) the person knows that he or she received, distributed, produced, possessed,
or accessed the material; or (2) the person knows, or reasonably should know, that the material
contains a depiction of a purported child engaging in sexually explicit conduct.
Creates a lower felony penalty (Class I felony) if the actor is under 18 years of age when the offense
occurs, similar to the penalties under current law for possession of child pornography.
ASSEMBLY AMENDMENT 1 TO ASSEMBLY SUBSTITUTE AMENDMENT 1
Assembly Amendment 1 modifies Assembly Substitute Amendment 1 by replacing “or” with “and”
among the conditions that must be met for the crime to occur.
In other words, under the amendment, a person is prohibited from engaging in certain acts involving
obscene material containing a “depiction of a purported child” engaging in sexually explicit conduct, if
both, rather than one, of the following circumstances apply: (1) the person knows that he or she
received, distributed, produced, possessed, or accessed the material; and (2) the person knows, or
reasonably should know, that the material contains a depiction of a purported child engaging in
sexually explicit conduct.
BILL HISTORY
Representative Callahan introduced Assembly Substitute Amendment 1 on December 18, 2023, and
Assembly Amendment 1 to Assembly Substitute Amendment 1 on February 1, 2024. On February 8,
2024, the Assembly Committee on Criminal Justice and Public Safety voted to recommend adoption of
the amendments on votes of Ayes, 14; Noes, 1; and voted to recommend adoption of the bill, as
amended, on a vote of Ayes, 15; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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