1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-0058/1 |
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3 | 3 | | MJW:cjs |
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4 | 4 | | 2025 SENATE BILL 33 |
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5 | 5 | | February 12, 2025 - Introduced by Senator JACQUE, cosponsored by Representatives |
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6 | 6 | | B. JACOBSON, WICHGERS, ALLEN, ANDERSON, BEHNKE, BRILL, BROOKS, |
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7 | 7 | | DITTRICH, GUNDRUM, KREIBICH, MAXEY, MOSES, MURPHY, MURSAU, SINICKI, |
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8 | 8 | | SUBECK, TUSLER and UDELL. Referred to Committee on Judiciary and Public |
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9 | 9 | | Safety. |
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10 | 10 | | AN ACT to create 942.09 (1) (e), 942.09 (2) (am) 4. and 942.09 (3m) (a) 3. of the |
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11 | 11 | | statutes; relating to: representations depicting nudity and providing a |
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12 | 12 | | penalty. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | Under current law, it is generally a Class I felony to capture or distribute |
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15 | 15 | | representations depicting nudity without the consent of the person depicted. This |
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16 | 16 | | bill expands the prohibition to include what are known as Xdeep fakes.Y The bill |
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17 | 17 | | provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic |
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18 | 18 | | intimate representation (commonly known as a Xdeep fakeY) of an identifiable |
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19 | 19 | | person with intent to coerce, harass, or intimidate that person. Under the bill, a |
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20 | 20 | | synthetic intimate representation is defined as a representation generated using |
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21 | 21 | | technological means that uses an identifiable person[s face, likeness, or other |
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22 | 22 | | distinguishing characteristic to depict an intimate representation of that person, |
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23 | 23 | | regardless of whether the representation includes components that are artificial, |
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24 | 24 | | legally generated, or generally accessible. |
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25 | 25 | | Under current law, it is a Class A misdemeanor to publish or post a private |
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26 | 26 | | representation, which is a sexually explicit representation that is intended by the |
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27 | 27 | | person depicted in the representation to be possessed or viewed only by the persons |
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28 | 28 | | with whom it was directly shared, without consent of the person depicted. This bill |
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31 | 31 | | 3 2025 - 2026 Legislature |
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32 | 32 | | SENATE BILL 33 |
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33 | 33 | | - 2 - LRB-0058/1 |
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34 | 34 | | MJW:cjs |
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35 | 35 | | provides that it is also a Class A misdemeanor to reproduce such representations |
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36 | 36 | | without that person[s consent. |
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37 | 37 | | Because this bill creates a new crime or revises a penalty for an existing crime, |
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38 | 38 | | the Joint Review Committee on Criminal Penalties may be requested to prepare a |
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39 | 39 | | report. |
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40 | 40 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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41 | 41 | | enact as follows: |
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42 | 42 | | SECTION 1. 942.09 (1) (e) of the statutes is created to read: |
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43 | 43 | | 942.09 (1) (e) XSynthetic intimate representationY means a representation |
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44 | 44 | | generated using technological means that uses an identifiable person[s face, |
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45 | 45 | | likeness, or other distinguishing characteristic to depict an intimate representation |
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46 | 46 | | of that person, regardless of whether the representation includes components that |
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47 | 47 | | are artificial, legally generated, or generally accessible. |
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48 | 48 | | SECTION 2. 942.09 (2) (am) 4. of the statutes is created to read: |
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49 | 49 | | 942.09 (2) (am) 4. Posts, publishes, distributes, or exhibits a synthetic |
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50 | 50 | | intimate representation of an identifiable person with intent to coerce, harass, or |
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51 | 51 | | intimidate that person. |
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52 | 52 | | SECTION 3. 942.09 (3m) (a) 3. of the statutes is created to read: |
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53 | 53 | | 942.09 (3m) (a) 3. Makes a reproduction of a private representation, if the |
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54 | 54 | | person depicted in the reproduction did not consent to the making of the |
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55 | 55 | | reproduction. |
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56 | 56 | | (END) |
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