Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB699 Compare Versions

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

Old	New	Differences
1	1	LRB-0816/1
2	2	SWB:cdc
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 699
5	5	November 21, 2023 - Introduced by Senators AGARD, ROYS, HESSELBEIN, L.
6	6	JOHNSON, LARSON, PFAFF, SMITH and TAYLOR, cosponsored by Representatives
7	7	SNODGRASS, SHELTON, J. ANDERSON, CONLEY, CONSIDINE, DRAKE, EMERSON,
8	8	JOERS, MADISON, OHNSTAD, PALMERI, RATCLIFF, SHANKLAND, SINICKI and STUBBS.
9	9	Referred to Committee on Judiciary and Public Safety.
10	10	AN ACT to create 895.437 and 944.27 of the statutes; relating to: prohibiting
11	11	sending unsolicited obscene or sexually explicit images by electronic means,
12	12	establishing a private civil cause of action for sending unsolicited obscene or
13	13	sexually explicit images by electronic means, and providing a penalty.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill establishes a penalty for knowingly sending an unsolicited obscene or
16	16	sexually explicit image by electronic means, specifically any image depicting a
17	17	person engaging in an act of sexual intercourse or masturbation or depicting the
18	18	exposed genitals or anus of any person. Under the bill, a person who violates this
19	19	prohibition is subject to a forfeiture not to exceed $250 for a first violation, and a
20	20	forfeiture not to exceed $500 for any subsequent violation. If the person is under 18
21	21	years of age, however, the person is subject to a written warning for a first violation,
22	22	and for any subsequent violation before the person is 18 years of age, a forfeiture not
23	23	to exceed $250.
24	24	The bill also establishes a private cause of action against a person who
25	25	knowingly sends by electronic means an image depicting a person engaging in an act
26	26	of sexual intercourse or masturbation or depicting the exposed genitals or anus of
27	27	any person that the person who sends the image knows or reasonably should know
28	28	is unsolicited.
29	29	Neither the prohibition resulting in a forfeiture nor the private civil action
30	30	established under the bill applies to 1) an Internet service provider, mobile data
31	31	provider, or operator of an online or mobile application, to the extent that the entity
32	32	1
33	33	2
34	34	3
35	35	4 - 2 -2023 - 2024 Legislature LRB-0816/1
36	36	SWB:cdc
37	37	SENATE BILL 699
38	38	is transmitting, routing, or providing connections for electronic communications
39	39	initiated by or at the direction of another person; 2) any service that transmits
40	40	images or audiovisual works, including an on-demand, subscription, or
41	41	advertising-supported service; or 3) a health care provider transmitting an image
42	42	for a legitimate medical purpose.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 895.437 of the statutes is created to read:
46	46	895.437 Sending unsolicited obscene or sexually explicit images;
47	47	action for. (1) In this section:
48	48	(a) “Image” includes a moving visual image.
49	49	(b) “Sexual intercourse” has the meaning given in s. 944.27 (1) (b).
50	50	(c) “Unsolicited” has the meaning given in s. 944.27 (1) (c).
51	51	(2) A person has a civil cause of action against another person who knowingly
52	52	sends by electronic means an image depicting a person engaging in an act of sexual
53	53	intercourse or masturbation or depicting the exposed genitals or anus of any person
54	54	that the person who sends the image knows or reasonably should know is unsolicited.
55	55	(3) (a) A plaintiff who suffers harm as a result of receiving an image in violation
56	56	of sub. (2) and prevails in an action under this section may recover economic and
57	57	noneconomic damages proximately caused by the transmittal of the image, including
58	58	damages for emotional distress.
59	59	(b) A plaintiff who suffers harm as a result of receiving an image, the
60	60	transmittal of which had been expressly forbidden by the plaintiff, in violation of sub.
61	61	(2), and prevails in an action under this section may recover any of the following:
62	62	1. Economic and noneconomic damages proximately caused by the sending of
63	63	the image, including damages for emotional distress.
64	64	1
65	65	2
66	66	3
67	67	4
68	68	5
69	69	6
70	70	7
71	71	8
72	72	9
73	73	10
74	74	11
75	75	12
76	76	13
77	77	14
78	78	15
79	79	16
80	80	17
81	81	18
82	82	19 - 3 -2023 - 2024 Legislature
83	83	LRB-0816/1
84	84	SWB:cdc
85	85	SECTION 1
86	86	SENATE BILL 699
87	87	2. Upon request of the plaintiff at any time before the final judgment is
88	88	rendered, in lieu of those damages specified in subd. 1., an award of statutory
89	89	damages in a sum of not less than $1,500 but not more than $30,000.
90	90	3. Punitive damages.
91	91	4. Reasonable attorney's fees and costs.
92	92	5. Any other available relief, including injunctive relief.
93	93	(c) The remedies provided by this section are cumulative and may not be
94	94	construed as restricting a remedy that is available under any other law.
95	95	(d) This section does not apply to any of the following:
96	96	1. An Internet service provider, mobile data provider, or operator of an online
97	97	or mobile application, to the extent that the entity is transmitting, routing, or
98	98	providing connections for electronic communications initiated by or at the direction
99	99	of another person.
100	100	2. Any service that transmits images or audiovisual works, including an
101	101	on-demand, subscription, or advertising-supported service.
102	102	3. A health care provider transmitting an image for a legitimate medical
103	103	purpose.
104	104	SECTION 2. 944.27 of the statutes is created to read:
105	105	944.27 Sending unsolicited obscene or sexually explicit images. (1) In
106	106	this section:
107	107	(a) “Image” includes a moving visual image.
108	108	(b) “Sexual intercourse” means vulvar penetration as well as cunnilingus,
109	109	fellatio, or anal intercourse between persons or any other intrusion, however slight,
110	110	of any part of a person's body or of any object into the genital or anal opening of
111	111	another person.
112	112	1
113	113	2
114	114	3
115	115	4
116	116	5
117	117	6
118	118	7
119	119	8
120	120	9
121	121	10
122	122	11
123	123	12
124	124	13
125	125	14
126	126	15
127	127	16
128	128	17
129	129	18
130	130	19
131	131	20
132	132	21
133	133	22
134	134	23
135	135	24
136	136	25 - 4 -2023 - 2024 Legislature LRB-0816/1
137	137	SWB:cdc
138	138	SECTION 2 SENATE BILL 699
139	139	(c) “Unsolicited” means that the recipient has not requested the image, has not
140	140	consented to its transmittal, or has expressly forbidden its transmittal.
141	141	(2) Whoever knowingly sends an unsolicited image by electronic means,
142	142	directed to another person, depicting a person engaging in an act of sexual
143	143	intercourse or masturbation or depicting the exposed genitals or anus of any person
144	144	is subject to the following:
145	145	(a) Except as provided in par. (b), a forfeiture not to exceed $250 for a first
146	146	violation, and a forfeiture not to exceed $500 for any subsequent violation.
147	147	(b) If the person is under 18 years of age, a written warning for a first violation,
148	148	and for any subsequent violation before the person is 18 years of age, a forfeiture not
149	149	to exceed $250.
150	150	(3) This section does not apply to any of the following:
151	151	(a) An Internet service provider, mobile data provider, or operator of an online
152	152	or mobile application, to the extent that the entity is transmitting, routing, or
153	153	providing connections for electronic communications initiated by or at the direction
154	154	of another person.
155	155	(b) Any service that transmits images or audiovisual works, including an
156	156	on-demand, subscription, or advertising-supported service.
157	157	(c) A health care provider transmitting an image for a legitimate medical
158	158	purpose.
159	159	(END)
160	160	1
161	161	2
162	162	3
163	163	4
164	164	5
165	165	6
166	166	7
167	167	8
168	168	9
169	169	10
170	170	11
171	171	12
172	172	13
173	173	14
174	174	15
175	175	16
176	176	17
177	177	18
178	178	19
179	179	20
180	180	21