LRB-2463/2
JEO:kaf:km
1997 - 1998 LEGISLATURE
May 13, 1997 - Introduced by Senators Burke, Clausing, Huelsman, Moen,
Plache, Roessler and
Rosenzweig, cosponsored by Representatives Bock,
Black, Albers, Boyle, Cullen, Gronemus, Gunderson, Harsdorf, Notestein,
Plale, Riley, Seratti, Sykora and Turner. Referred to Committee on
Judiciary, Campaign Finance Reform and Consumer Affairs.
SB207,1,3
1An Act to amend chapter 942 (title); and
to create 939.32 (1) (f), 942.08 and
2944.25 of the statutes;
relating to: looking into a building for sexual purposes,
3criminal invasion of privacy and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, there are various crimes involving sexually related activity,
such as prohibitions against a person exposing his or her genitals in public or
committing a sex act in public. In addition, under current law, with certain
exceptions, a person is prohibited from doing any of the following: 1) making a visual
representation (including a photograph, motion picture or videotape) that depicts
nudity without the knowledge and consent of the person who is depicted nude; or 2)
possessing or distributing a visual representation that depicts nudity if the person
knows or has reason to know that the visual representation was made without the
knowledge and consent of the person who is depicted nude.
This bill does all of the following:
1. The bill prohibits a person from knowingly installing or using a surveillance
device in any place with the intent to observe any nude or partially nude person
without the consent of the person observed. The prohibition applies only if the person
is acting for purposes of sexual gratification or arousal. The bill defines "surveillance
device" to mean any device, instrument, apparatus, implement, mechanism or
contrivance that is used, designed to be used or primarily intended to be used to
observe the activities of a person, including a peephole or similar method of direct
sight observation. A person who violates the prohibition created in the bill may be
fined not more than $10,000 or imprisoned for not more than 9 months or both.
2. The bill prohibits a person from going or remaining on the property of
another, without consent, and looking into a building at another. The prohibition
applies only if the person is acting for purposes of sexual gratification or arousal.
Upon conviction, a violator may be fined not more than $10,000 or imprisoned for not
more than 9 months or both. Persons who attempt to commit this new crime are
subject to the same penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB207, s. 1
1Section
1. 939.32 (1) (f) of the statutes is created to read:
SB207,2,32
939.32
(1) (f) Whoever attempts to commit a crime under s. 944.25 is subject
3to the penalty provided in that section for the completed act.
SB207, s. 2
4Section
2. Chapter 942 (title) of the statutes is amended to read:
SB207,2,76
CRIMES AGAINST REPUTATIOn
,
7
Privacy AND CIVIL LIBERTIES
SB207, s. 3
8Section
3. 942.08 of the statutes is created to read:
SB207,2,9
9942.08 Invasion of privacy. (1) In this section:
SB207,2,1410
(a) "Nude or partially nude person" means any human being who has less than
11fully and opaquely covered genitals, pubic area or buttocks, any female human being
12who has less than a fully opaque covering over any portion of a breast below the top
13of the nipple, or any male human being with covered genitals in a discernibly turgid
14state.
SB207,2,1815
(b) "Surveillance device" means any device, instrument, apparatus,
16implement, mechanism or contrivance used, designed to be used or primarily
17intended to be used to observe the activities of a person. "Surveillance device"
18includes a peephole or similar method of direct sight observation.
SB207,3,4
1(2) Whoever knowingly installs or uses a surveillance device in any place with
2the intent to observe any nude or partially nude person without the consent of the
3person observed and acting for purposes of sexual arousal or sexual gratification is
4guilty of a Class A misdemeanor.
SB207, s. 4
5Section
4. 944.25 of the statutes is created to read:
SB207,3,7
6944.25 Looking into building for sexual purpose. Whoever does all of the
7following is guilty of a Class A misdemeanor:
SB207,3,9
8(1) Enters or remains on the property of another without the consent of the
9owner or occupant of the property.
SB207,3,11
10(2) While on that property and acting for purposes of sexual arousal or sexual
11gratification, looks into a building at a person.
