Date of enactment: March 27, 2024
2023 Senate Bill 314 Date of publication*: March 28, 2024
2023 WISCONSIN ACT 224
AN ACT to amend 20.455 (5) (gj), 48.345 (3) (a) 2., 48.345 (3) (b) 2., 48.685 (1) (c) 2., 48.685 (4m) (b) 2., 48.685
(4m) (b) 2m., 50.065 (1) (e) 2., 51.20 (13) (ct) 2m., 103.34 (1) (b) 2., 165.505 (1) (bg) 1., 301.45 (1d) (b), 343.12
(7) (c) 23., 440.312 (2), 440.982 (2), 786.36 (1m) (c) 24., 938.34 (3) (a) 2., 938.34 (3) (b) 2., 938.34 (15m) (bm),
939.615 (1) (b) 1., 939.617 (1), 946.82 (4), 971.17 (1m) (b) 2m., 973.042 (2) and 973.048 (2m); and to create 948.125
of the statutes; relating to: possession of child pornography and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 20.455 (5) (gj) of the statutes is amended
to read:
20.455 (5) (gj) General operations; child pornogra-
phy surcharge. All moneys received from any child
pornography surcharge imposed under s. 973.042 for
investigating offenses under s. 948.05 or, 948.12, or
948.125 and for making grants under s. 165.93 (2) (a).
SECTION 2. 48.345 (3) (a) 2. of the statutes is
amended to read:
48.345 (3) (a) 2. The home of a relative other than the
parent of a child if the judge finds that the relative has
been convicted of, has pleaded no contest to, or has had
a charge dismissed or amended as a result of a plea agree-
ment for a crime under s. 948.02 (1) or (2), 948.025,
948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21,
948.215, 948.30, or 948.53, or a similar law of another
state.
SECTION 3. 48.345 (3) (b) 2. of the statutes is
amended to read:
48.345 (3) (b) 2. The home of a person who is not
required to be licensed if the judge finds that the person
has been convicted of, has pleaded no contest to, or has
had a charge dismissed or amended as a result of a plea
agreement for a crime under s. 948.02 (1) or (2), 948.025,
948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21,
948.215, 948.30, or 948.53, or a similar law of another
state.
SECTION 4. 48.685 (1) (c) 2. of the statutes is
amended to read:
48.685 (1) (c) 2. A violation of s. 940.01, 940.02,
940.03, 940.05, 940.12, 940.19 (2), (4), (5), or (6),
940.198 (2), 940.22 (2) or (3), 940.225 (1), (2), or (3),
940.285 (2), 940.29, 940.295, 942.09 (2), 948.02 (1) or
(2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05,
948.051, 948.055, 948.06, 948.07, 948.08, 948.081,
948.085, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13,
948.21, 948.215, 948.30, or 948.53.
SECTION 5. 48.685 (4m) (b) 2. of the statutes is
amended to read:
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 224 2023 Senate Bill 314
48.685 (4m) (b) 2. That the person was charged for
a violation of s. 948.02 (1) or (2), 948.025, 948.03 (2) or
(5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06,
948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am),
948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or
948.53, or a similar law of another state, and the charge
was dismissed or amended as part of a plea agreement.
SECTION 6. 48.685 (4m) (b) 2m. of the statutes is
amended to read:
48.685 (4m) (b) 2m. That the person has pleaded no
contest to a violation of s. 948.02 (1) or (2), 948.025,
948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21,
948.215, 948.30, or 948.53, or a similar law of another
state.
SECTION 7. 50.065 (1) (e) 2. of the statutes is
amended to read:
50.065 (1) (e) 2. For the purposes of an entity that
serves persons under the age of 18, “serious crime”
includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c)
or (5) (a) 4., 948.05, 948.051, 948.055, 948.06, 948.07,
948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.125,
948.13, 948.21 (2), 948.215, 948.30, or 948.53 or a viola-
tion of the law of any other state or United States jurisdic-
tion that would be a violation of s. 948.02 (2), 948.03 (2)
(b) or (c) or (5) (a) 4., 948.05, 948.051, 948.055, 948.06,
948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12,
948.125, 948.13, 948.21 (2), 948.30, or 948.53 if com-
mitted in this state.
SECTION 8. 51.20 (13) (ct) 2m. of the statutes is
amended to read:
51.20 (13) (ct) 2m. If the subject individual is before
the court on a petition filed under a court order under s.
938.30 (5) (c) 1. and is found to have committed a viola-
tion, or to have solicited, conspired, or attempted to com-
mit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3),
944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051,
948.055, 948.06, 948.07, 948.075, 948.08, 948.085,
948.095, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13,
or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b.
applies, or of s. 940.30 or 940.31 if the victim was a minor
and the subject individual was not the victim’s parent, the
court shall require the individual to comply with the
reporting requirements under s. 301.45 unless the court
determines, after a hearing on a motion made by the indi-
vidual, that the individual is not required to comply under
s. 301.45 (1m).
SECTION 9. 103.34 (1) (b) 2. of the statutes is
amended to read:
103.34 (1) (b) 2. A violation of s. 940.01, 940.02,
940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10,
940.19 (2), (4), (5), or (6), 940.198 (2), 940.21, 940.225
(1), (2), or (3), 940.23, 940.235, 940.24, 940.25, 940.30,
940.302, 940.305, 940.31, 943.02, 943.03, 943.04,
943.10, 943.30, 943.31, 943.32, 944.32, 944.34, 946.10,
948.02 (1) or (2), 948.025, 948.03 (2), (3), or (5) (a) 1.,
2., 3., or 4., 948.04, 948.05, 948.051, 948.055, 948.06,
948.07, 948.075, 948.08, 948.085, 948.11 (2) (a) or (am),
948.12, 948.125, 948.13, 948.21 (2), 948.215, or 948.30
or of a substantially similar federal law or law of another
state.
SECTION 10. 165.505 (1) (bg) 1. of the statutes is
amended to read:
165.505 (1) (bg) 1. A violation of s. 948.05, 948.075,
948.11, or 948.12, or 948.125.
SECTION 11. 301.45 (1d) (b) of the statutes is
amended to read:
301.45 (1d) (b) “Sex offense” means a violation, or
the solicitation, conspiracy, or attempt to commit a viola-
tion, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06,
944.18, 948.02 (1) or (2), 948.025, 948.05, 948.051,
948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08,
948.085, 948.095, 948.11 (2) (a) or (am), 948.12,
948.125, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302
(2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim
was a minor and the person who committed the violation
was not the victim’s parent.
SECTION 12. 343.12 (7) (c) 23. of the statutes is
amended to read:
343.12 (7) (c) 23. Possession of child pornography
under s. 948.12 or 948.125.
SECTION 13. 440.312 (2) of the statutes is amended
to read:
440.312 (2) The department may not grant a license
under this subchapter to any person who has been con-
victed of an offense under s. 940.22, 940.225, 940.302 (2)
(a) 1. b., 944.06, 944.15, 944.17, 944.30 (1m), 944.31,
944.32, 944.33, 944.34, 948.02, 948.025, 948.051,
948.06, 948.07, 948.075, 948.08, 948.081, 948.09,
948.095, 948.10, 948.11, or 948.12, or 948.125.
SECTION 14. 440.982 (2) of the statutes is amended
to read:
440.982 (2) The department may not grant a license
under this subchapter to any person who has been con-
victed of an offense under s. 940.22, 940.225, 944.06,
944.15, 944.17, 944.30 (1m), 944.31, 944.32, 944.33,
944.34, 948.02, 948.025, 948.051, 948.06, 948.07,
948.075, 948.08, 948.081, 948.09, 948.095, 948.10,
948.11, or 948.12, or 948.125 or under s. 940.302 (2) if
s. 940.302 (2) (a) 1. b. applies.
SECTION 15. 786.36 (1m) (c) 24. of the statutes is
amended to read:
786.36 (1m) (c) 24. Possession of child pornography
under s. 948.12 or 948.125.
SECTION 16. 938.34 (3) (a) 2. of the statutes is
amended to read:
938.34 (3) (a) 2. The home of a relative other than the
parent of the juvenile if the court finds that the relative
has been convicted of, has pleaded no contest to, or has
had a charge dismissed or amended as a result of a plea
agreement for a crime under s. 948.02 (1) or (2), 948.025, − 3 − 2023 Wisconsin Act 224 2023 Senate Bill 314
948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21,
948.215, 948.30, or 948.53, or a similar law of another
state.
SECTION 17. 938.34 (3) (b) 2. of the statutes is
amended to read:
938.34 (3) (b) 2. The home of a person who is not
required to be licensed if the court finds that the person
has been convicted of, has pleaded no contest to, or has
had a charge dismissed or amended as a result of a plea
agreement for a crime under s. 948.02 (1) or (2), 948.025,
948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21,
948.215, 948.30, or 948.53, or a similar law of another
state.
SECTION 18. 938.34 (15m) (bm) of the statutes is
amended to read:
938.34 (15m) (bm) If the juvenile is adjudicated
delinquent on the basis of a violation, or the solicitation,
conspiracy, or attempt to commit a violation, of s. 940.22
(2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2),
948.025, 948.05, 948.051, 948.055, 948.06, 948.07,
948.075, 948.08, or 948.085 (2), 948.095, 948.11 (2) (a)
or (am), 948.12, 948.125, 948.13, or 948.30, of s.
940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s.
940.30 or 940.31 if the victim was a minor and the juve-
nile was not the victim’s parent, the court shall require the
juvenile to comply with the reporting requirements under
s. 301.45 unless the court determines, after a hearing on
a motion made by the juvenile, that the juvenile is not
required to comply under s. 301.45 (1m).
SECTION 19. 939.615 (1) (b) 1. of the statutes is
amended to read:
939.615 (1) (b) 1. A violation, or the solicitation, con-
spiracy, or attempt to commit a violation, of s. 940.22 (2),
940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025 (1),
948.05 (1) or (1m), 948.051, 948.055 (1), 948.06, 948.07,
948.075, 948.08, 948.085, 948.11 (2) (a), 948.12,
948.125, or 948.13 or of s. 940.302 (2) if s. 940.302 (2)
(a) 1. b. applies.
SECTION 20. 939.617 (1) of the statutes is amended
to read:
939.617 (1) Except as provided in subs. (2) and (3),
if a person is convicted of a violation of s. 948.05,
948.075, or 948.12, or 948.125, the court shall impose a
bifurcated sentence under s. 973.01. The term of confine-
ment in prison portion of the bifurcated sentence shall be
at least 5 years for violations of s. 948.05 or 948.075 and
3 years for violations of s. 948.12 or 948.125. Otherwise
the penalties for the crime apply, subject to any applica-
ble penalty enhancement.
SECTION 21. 946.82 (4) of the statutes, as affected by
2023 Wisconsin Act 10, is amended to read:
946.82 (4) “Racketeering activity” means any activ-
ity specified in 18 USC 1961 (1) in effect as of
April 27, 1982, or the attempt, conspiracy to commit, or
commission of any of the felonies specified in: chs. 945
and 961, subch. V of ch. 551, and ss. 49.49, 134.05,
139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2),
215.12, 221.0625, 221.0636, 221.0637, 221.1004,
553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2),
940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28,
941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or
(2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04,
943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201,
943.203, 943.23 (2) and (3), 943.231 (1), 943.24 (2),
943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm),
and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c),
943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70,
943.76, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86,
943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e),
944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1),
945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32
(1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
946.76, 946.79, 947.015, 948.05, 948.051, 948.08,
948.12, 948.125, and 948.30.
SECTION 22. 948.125 of the statutes is created to read:
948.125 Possession of virtual child pornography.
(1) DEFINITIONS. In this section:
(a) “Depiction of a purported child” means a visual
representation that appears to depict an actual child but
may or may not depict an actual child.
(b) “Obscene material” means a photograph, film,
motion picture, or digital or computer−generated image
or picture, whether made or produced by electronic,
mechanical, or other means, that satisfies all of the fol-
lowing:
1. The average person, applying contemporary com-
munity 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.
3. Lacks serious literary, artistic, political, educa-
tional, or scientific value, if taken as a whole.
(2) POSSESSION AND PENALTY. Whoever receives, dis-
tributes, produces, or possesses, or accesses in any way
with the intent to view, obscene material that contains a
depiction of a purported child engaging in sexually
explicit conduct is guilty of the following if the person
knows that he or she received, distributed, produced, pos-
sessed, or accessed the material and if the person knows,
or reasonably should know, that the material contains a
depiction of a purported child engaging in sexually
explicit conduct:
(a) Except as provided in par. (b), a Class D felony. − 4 −2023 Wisconsin Act 224 2023 Senate Bill 314
(b) If the actor is under 18 years of age when the
offense occurs, a Class I felony.
SECTION 23. 971.17 (1m) (b) 2m. of the statutes is
amended to read:
971.17 (1m) (b) 2m. If the defendant under sub. (1)
is found not guilty by reason of mental disease or defect
for a violation, or for the solicitation, conspiracy, or
attempt to commit a violation, of s. 940.22 (2), 940.225
(1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05,
948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
948.085, 948.095, 948.11 (2) (a) or (am), 948.12,
948.125, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302
(2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim
was a minor and the defendant was not the victim’s par-
ent, the court shall require the defendant to comply with
the reporting requirements under s. 301.45 unless the
court determines, after a hearing on a motion made by the
defendant, that the defendant is not required to comply
under s. 301.45 (1m).
SECTION 24. 973.042 (2) of the statutes is amended
to read:
973.042 (2) If a court imposes a sentence or places
a person on probation for a crime under s. 948.05 or,
948.12, or 948.125 and the person was at least 18 years
of age when the crime was committed, the court shall
impose a child pornography surcharge of $500 for each
image or each copy of an image associated with the
crime. The court shall determine the number of images
or copies of images associated with the crime by a pre-
ponderance of the evidence and without a jury.
SECTION 25. 973.048 (2m) of the statutes is amended
to read:
973.048 (2m) If a court imposes a sentence or places
a person on probation for a violation, or for the solicita-
tion, conspiracy or attempt to commit a violation, of s.
940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or
(2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07,
948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or
(am), 948.12, 948.125, 948.13, or 948.30, of s. 940.302
(2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or
940.31 if the victim was a minor and the person was not
the victim’s parent, the court shall require the person to
comply with the reporting requirements under s. 301.45
unless the court determines, after a hearing on a motion
made by the person, that the person is not required to
comply under s. 301.45 (1m).