Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: March 17, 2025 Contact: David Moore, Principal Attorney
2025 Senate Bill 33
Senate
Amendment 1
CURRENT LAW
Current law related to invasion of privacy criminalizes various conduct related to “intimate
representations” and “private representations.” 2025 Senate Bill 33 modifies these offenses to prohibit
“synthetic intimate representations” and the reproduction of “intimate representations” under certain
circumstances.
Intimate Representations
Under current law, it is a Class I felony to capture an intimate representation without the consent of the
person depicted under circumstances in which the person depicted has a reasonable expectation of
privacy and the person knows or has reason to know the person depicted does not consent to the
capture of the intimate representation. For this purpose, “intimate representation” is defined to mean
any of the following:
A representation of a nude or partially nude person.
A representation of clothed, uncovered, or partially clothed or covered genitalia or buttock that is
not otherwise visible to the public.
A representation of a person defecating, urinating, or using a feminine hygiene product.
A person engaging in sexual intercourse or sexual contact, as defined by statute.
It is also a Class I felony to make a reproduction of an intimate representation that the person knows or
has reason to know was captured in violation of the prohibition described above, if the person depicted
in the reproduction did not consent to the making of the reproduction. And it is a Class I felony to
possess, distribute, or exhibit an intimate representation that was captured in violation of the
prohibition described above, if the person knows or has reason to know that the intimate representation
was captured in violation of this prohibition, and the person who is depicted in the intimate
representation or reproduction did not consent to the possession, distribution, or exhibition.
Private Representations
Current law provides that it is a Class A misdemeanor to post, publish, or cause to be posted or
published a private representation if the actor knows that the person depicted does not consent to the
posting or publication of the private representation. “Private representation” is defined for this purpose
to mean:
[A] representation depicting a nude or partially nude person or depicting a
person engaging in sexually explicit conduct that is intended by the person
depicted in the representation to be captured, viewed, or possessed only by
the person who, with the consent of the person depicted, captured the - 2 -
representation or to whom the person depicted directly and intentionally gave
possession of the representation.
It is also a Class A misdemeanor to post, publish, or cause to be posted or published a depiction of a
person that the actor knows is a private representation, without the consent of the person depicted.
2025 SENATE BILL 33
2025 Senate Bill 33 modifies offenses related to intimate representations by creating a definition of
“synthetic intimate representation” and providing that it is a Class I felony to post, publish, distribute,
or exhibit a synthetic intimate representation of an identifiable person with intent to coerce, harass, or
intimidate that person. Under the bill, a synthetic intimate representation is:
[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.
Senate Bill 33 also modifies the offenses related to intimate representations. The bill provides that it is a
Class A misdemeanor to make a reproduction of a private representation if the person depicted in the
reproduction did not consent to the making of the reproduction.
SENATE AMENDMENT 1
Senate Amendment 1 adds a mental element to the bill’s provision related to private representations.
The amendment provides that it is a Class A misdemeanor to make a reproduction of a private
representation if the person making the reproduction knows the person depicted did not consent to the
making of the reproduction.
BILL HISTORY
Senator Jacque offered Senate Amendment 1 to 2025 Senate Bill 33 on March 12, 2025. On March 13,
2025, the Senate Committee on Judiciary and Public Safety voted unanimously to recommend adoption
of the amendment. It then voted to recommend passage of the bill, as amended, on a vote of Ayes, 7;
Noes, 1. For a full history of the bill, visit the Legislature’s bill history page.
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