LRB-4784/1
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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 608
October 31, 2023 - Introduced by Representatives WICHGERS, J. ANDERSON,
CABRERA, C. ANDERSON, BEHNKE, BRANDTJEN, GUNDRUM, ORTIZ-VELEZ, PALMERI,
SAPIK and SINICKI, cosponsored by Senator JACQUE. Referred to Committee on
Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 942.09 (1) (e), 942.09 (2) (am) 4. and 942.09 (3m) (a) 3. of the
statutes; relating to: representations depicting nudity and providing a
penalty.
Analysis by the Legislative Reference Bureau
Under current law, it is generally a Class I felony to capture or distribute
representations depicting nudity without the consent of the person depicted. This
bill expands the prohibition to include what are known as “deep fakes.” The bill
provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic
intimate representation (commonly known as a “deep fake”) of an identifiable person
with intent to coerce, harass, or intimidate that person. Under the bill, a synthetic
intimate representation is defined as 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.
Under current law, it is a Class A misdemeanor to publish or post a private
representation, which is a sexually explicit representation intended to be possessed
or viewed only by the persons with whom it was directly shared, without consent of
the person depicted. This bill provides that it is also a Class A misdemeanor to
reproduce such representations.
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3 - 2 -2023 - 2024 Legislature LRB-4784/1
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ASSEMBLY BILL 608
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 942.09 (1) (e) of the statutes is created to read:
942.09 (1) (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.
SECTION 2. 942.09 (2) (am) 4. of the statutes is created to read:
942.09 (2) (am) 4. Posts, publishes, distributes, or exhibits a synthetic intimate
representation of an identifiable person with intent to coerce, harass, or intimidate
that person.
SECTION 3. 942.09 (3m) (a) 3. of the statutes is created to read:
942.09 (3m) (a) 3. Makes a reproduction of a private representation, if the
person depicted in the reproduction did not consent to the making of the
reproduction.
(END)
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