The bill (AB462) has bipartisan support.
Rep. Fred Kessler (D-Milwaukee) is concerned that the bill is overly broad and "might restrict people's freedom of expression by limiting the creation and distribution of fine art."
Here's the Legislative Reference Bureau's analysis, with bullet points provided by Retiring Guy.
Under current law, no one may
- photograph,
- videotape, or
- otherwise capture
A person who does so, or who
- possesses,
- reproduces, or
- distributes the image
Under this bill, no one may
- reproduce,
- distribute,
- exhibit,
- publish,
- transmit, or
- otherwise disseminate (distribute)
- nude or
- partially nude or who is
- engaging in sexually explicit behavior
A person who does so is guilty of a Class A misdemeanor and may be fined up to $10,000, imprisoned for up to nine months, or both. (Wisconsin State Statutes, 939.51 Classification of misdemeanors)
Under the bill, the prohibition does not apply if the person depicted consented to the distribution for commercial purposes.
The bill creates exceptions for
- parents or legal guardians who distribute otherwise legal representations of their minor children for noncommercial purposes, for
- law enforcement officers acting in their official capacity, and for
- persons who distribute the representations for the purpose of reporting or assisting with the investigation of a crime.
[End of bill analysis]
So then, would I be breaking this law if I reproduced, distributed, exhibited, published, transmitted, or otherwise disseminated this 1954 photo, in its entirety (i.e., not a cropped version) of a grandmother giving her 3-month-old grand-daughter a bath in the kitchen sink? I'm not the parent or legal guardian of the baby in the bathwater, and neither person in the photo is still living.
Perhaps the surprised, slightly dubious expression on the baby's face tells us all we need to know.
"Don't you dare!"
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