Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB33 Compare Versions

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11 2025 - 2026 LEGISLATURE
22 LRB-0058/1
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44 2025 SENATE BILL 33
55 February 12, 2025 - Introduced by Senator JACQUE, cosponsored by Representatives
66 B. JACOBSON, WICHGERS, ALLEN, ANDERSON, BEHNKE, BRILL, BROOKS,
77 DITTRICH, GUNDRUM, KREIBICH, MAXEY, MOSES, MURPHY, MURSAU, SINICKI,
88 SUBECK, TUSLER and UDELL. Referred to Committee on Judiciary and Public
99 Safety.
1010 AN ACT to create 942.09 (1) (e), 942.09 (2) (am) 4. and 942.09 (3m) (a) 3. of the
1111 statutes; relating to: representations depicting nudity and providing a
1212 penalty.
1313 Analysis by the Legislative Reference Bureau
1414 Under current law, it is generally a Class I felony to capture or distribute
1515 representations depicting nudity without the consent of the person depicted. This
1616 bill expands the prohibition to include what are known as Xdeep fakes.Y The bill
1717 provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic
1818 intimate representation (commonly known as a Xdeep fakeY) of an identifiable
1919 person with intent to coerce, harass, or intimidate that person. Under the bill, a
2020 synthetic intimate representation is defined as a representation generated using
2121 technological means that uses an identifiable person[s face, likeness, or other
2222 distinguishing characteristic to depict an intimate representation of that person,
2323 regardless of whether the representation includes components that are artificial,
2424 legally generated, or generally accessible.
2525 Under current law, it is a Class A misdemeanor to publish or post a private
2626 representation, which is a sexually explicit representation that is intended by the
2727 person depicted in the representation to be possessed or viewed only by the persons
2828 with whom it was directly shared, without consent of the person depicted. This bill
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3535 provides that it is also a Class A misdemeanor to reproduce such representations
3636 without that person[s consent.
3737 Because this bill creates a new crime or revises a penalty for an existing crime,
3838 the Joint Review Committee on Criminal Penalties may be requested to prepare a
3939 report.
4040 The people of the state of Wisconsin, represented in senate and assembly, do
4141 enact as follows:
4242 SECTION 1. 942.09 (1) (e) of the statutes is created to read:
4343 942.09 (1) (e) XSynthetic intimate representationY means a representation
4444 generated using technological means that uses an identifiable person[s face,
4545 likeness, or other distinguishing characteristic to depict an intimate representation
4646 of that person, regardless of whether the representation includes components that
4747 are artificial, legally generated, or generally accessible.
4848 SECTION 2. 942.09 (2) (am) 4. of the statutes is created to read:
4949 942.09 (2) (am) 4. Posts, publishes, distributes, or exhibits a synthetic
5050 intimate representation of an identifiable person with intent to coerce, harass, or
5151 intimidate that person.
5252 SECTION 3. 942.09 (3m) (a) 3. of the statutes is created to read:
5353 942.09 (3m) (a) 3. Makes a reproduction of a private representation, if the
5454 person depicted in the reproduction did not consent to the making of the
5555 reproduction.
5656 (END)
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