Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB553 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 553
5	5	October 23, 2023 - Introduced by Senator JACQUE, cosponsored by Representatives
6	6	WICHGERS, J. ANDERSON, CABRERA, C. ANDERSON, BEHNKE, BRANDTJEN,
7	7	GUNDRUM, ORTIZ-VELEZ, PALMERI, SAPIK and SINICKI. Referred to Committee on
8	8	Judiciary and Public Safety.
9	9	AN ACT to create 942.09 (1) (e), 942.09 (2) (am) 4. and 942.09 (3m) (a) 3. of the
10	10	statutes; relating to: representations depicting nudity and providing a
11	11	penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, it is generally a Class I felony to capture or distribute
14	14	representations depicting nudity without the consent of the person depicted. This
15	15	bill expands the prohibition to include what are known as “deep fakes.” The bill
16	16	provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic
17	17	intimate representation (commonly known as a “deep fake”) of an identifiable person
18	18	with intent to coerce, harass, or intimidate that person. Under the bill, a synthetic
19	19	intimate representation is defined as a representation generated using technological
20	20	means that uses an identifiable person's face, likeness, or other distinguishing
21	21	characteristic to depict an intimate representation of that person, regardless of
22	22	whether the representation includes components that are artificial, legally
23	23	generated, or generally accessible.
24	24	Under current law, it is a Class A misdemeanor to publish or post a private
25	25	representation, which is a sexually explicit representation intended to be possessed
26	26	or viewed only by the persons with whom it was directly shared, without consent of
27	27	the person depicted. This bill provides that it is also a Class A misdemeanor to
28	28	reproduce such representations.
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31	31	3 - 2 -2023 - 2024 Legislature LRB-0252/1
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33	33	SENATE BILL 553
34	34	Because this bill creates a new crime or revises a penalty for an existing crime,
35	35	the Joint Review Committee on Criminal Penalties may be requested to prepare a
36	36	report.
37	37	The people of the state of Wisconsin, represented in senate and assembly, do
38	38	enact as follows:
39	39	SECTION 1. 942.09 (1) (e) of the statutes is created to read:
40	40	942.09 (1) (e) “Synthetic intimate representation” means a representation
41	41	generated using technological means that uses an identifiable person's face,
42	42	likeness, or other distinguishing characteristic to depict an intimate representation
43	43	of that person, regardless of whether the representation includes components that
44	44	are artificial, legally generated, or generally accessible.
45	45	SECTION 2. 942.09 (2) (am) 4. of the statutes is created to read:
46	46	942.09 (2) (am) 4. Posts, publishes, distributes, or exhibits a synthetic intimate
47	47	representation of an identifiable person with intent to coerce, harass, or intimidate
48	48	that person.
49	49	SECTION 3. 942.09 (3m) (a) 3. of the statutes is created to read:
50	50	942.09 (3m) (a) 3. Makes a reproduction of a private representation, if the
51	51	person depicted in the reproduction did not consent to the making of the
52	52	reproduction.
53	53	(END)
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