State Legislators Introduce 'Revenge Porn' Bill. (Wisconsin Public Radio News, 10/25/2013)
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
an
image of a nude or partially nude person (depicted person) without the depicted
person's knowledge and consent.
A person who does so, or who
- possesses,
- reproduces,
or
- distributes the image
with the knowledge that the image was captured without
the depicted person's knowledge or consent, is generally guilty of a Class I felony, and
may be fined up to $10,000, imprisoned for up to three years and six months, or both. (
Wisconsin State Statutes 939.50, Classification of felonies)
Under this bill, no one may
- reproduce,
- distribute,
- exhibit,
- publish,
- transmit, or
- otherwise disseminate (distribute)
an image of a person who is
- nude or
- partially nude
or who is
- engaging in sexually explicit behavior
without the consent of the person,
regardless of whether the depicted person consented to the capture of the image.
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.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
[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!"
