2025 - 2026 LEGISLATURE
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2025 SENATE BILL 33
February 12, 2025 - Introduced by Senator JACQUE, cosponsored by Representatives
B. JACOBSON, WICHGERS, ALLEN, ANDERSON, BEHNKE, BRILL, BROOKS,
DITTRICH, GUNDRUM, KREIBICH, MAXEY, MOSES, MURPHY, MURSAU, SINICKI,
SUBECK, TUSLER and UDELL. Referred to Committee on Judiciary and Public
Safety.
AN ACT to create 942.09 (1) (e), 942.09 (2) (am) 4. and 942.09 (3m) (a) 3. of the
statutes; relating to: representations depicting nudity and providing a
penalty.
Analysis by the Legislative Reference Bureau
Under current law, it is generally a Class I felony to capture or distribute
representations depicting nudity without the consent of the person depicted. This
bill expands the prohibition to include what are known as Xdeep fakes.Y The bill
provides that it is a Class I felony to post, publish, distribute, or exhibit a synthetic
intimate representation (commonly known as a Xdeep fakeY) of an identifiable
person with intent to coerce, harass, or intimidate that person. Under the bill, a
synthetic intimate representation is defined as 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.
Under current law, it is a Class A misdemeanor to publish or post a private
representation, which is a sexually explicit representation that is intended by the
person depicted in the representation to be possessed or viewed only by the persons
with whom it was directly shared, without consent of the person depicted. This bill
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provides that it is also a Class A misdemeanor to reproduce such representations
without that person[s consent.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 942.09 (1) (e) of the statutes is created to read:
942.09 (1) (e) XSynthetic intimate representationY means 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.
SECTION 2. 942.09 (2) (am) 4. of the statutes is created to read:
942.09 (2) (am) 4. Posts, publishes, distributes, or exhibits a synthetic
intimate representation of an identifiable person with intent to coerce, harass, or
intimidate that person.
SECTION 3. 942.09 (3m) (a) 3. of the statutes is created to read:
942.09 (3m) (a) 3. Makes a reproduction of a private representation, if the
person depicted in the reproduction did not consent to the making of the
reproduction.
(END)
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