Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB608 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-4784/1
2	2	MJW:klm
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 608
5	5	October 31, 2023 - Introduced by Representatives WICHGERS, J. ANDERSON,
6	6	CABRERA, C. ANDERSON, BEHNKE, BRANDTJEN, GUNDRUM, ORTIZ-VELEZ, PALMERI,
7	7	SAPIK and SINICKI, cosponsored by Senator JACQUE. Referred to Committee on
8	8	Criminal Justice and Public Safety.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 942.09 (1) (e), 942.09 (2) (am) 4. and 942.09 (3m) (a) 3. of the
11	11	statutes; relating to: representations depicting nudity and providing a
12	12	penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, it is generally a Class I felony to capture or distribute
15	15	representations depicting nudity without the consent of the person depicted. This
16	16	bill expands the prohibition to include what are known as “deep fakes.” The bill
17	17	provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic
18	18	intimate representation (commonly known as a “deep fake”) of an identifiable person
19	19	with intent to coerce, harass, or intimidate that person. Under the bill, a synthetic
20	20	intimate representation is defined as a representation generated using technological
21	21	means that uses an identifiable person's face, likeness, or other distinguishing
22	22	characteristic to depict an intimate representation of that person, regardless of
23	23	whether the representation includes components that are artificial, legally
24	24	generated, or generally accessible.
25	25	Under current law, it is a Class A misdemeanor to publish or post a private
26	26	representation, which is a sexually explicit representation intended to be possessed
27	27	or viewed only by the persons with whom it was directly shared, without consent of
28	28	the person depicted. This bill provides that it is also a Class A misdemeanor to
29	29	reproduce such representations.
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32	32	3 - 2 -2023 - 2024 Legislature LRB-4784/1
33	33	MJW:klm
34	34	ASSEMBLY BILL 608
35	35	Because this bill creates a new crime or revises a penalty for an existing crime,
36	36	the Joint Review Committee on Criminal Penalties may be requested to prepare a
37	37	report.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 942.09 (1) (e) of the statutes is created to read:
41	41	942.09 (1) (e) “Synthetic intimate representation” means a representation
42	42	generated using technological means that uses an identifiable person's face,
43	43	likeness, or other distinguishing characteristic to depict an intimate representation
44	44	of that person, regardless of whether the representation includes components that
45	45	are artificial, legally generated, or generally accessible.
46	46	SECTION 2. 942.09 (2) (am) 4. of the statutes is created to read:
47	47	942.09 (2) (am) 4. Posts, publishes, distributes, or exhibits a synthetic intimate
48	48	representation of an identifiable person with intent to coerce, harass, or intimidate
49	49	that person.
50	50	SECTION 3. 942.09 (3m) (a) 3. of the statutes is created to read:
51	51	942.09 (3m) (a) 3. Makes a reproduction of a private representation, if the
52	52	person depicted in the reproduction did not consent to the making of the
53	53	reproduction.
54	54	(END)
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