Wisconsin 2025 Regular Session Status: To Executive 13 R cosponsors

AB 105 — Relating to: the distribution of certain material on the Internet.

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced March 10, 2025. It awaits signature.

Vetoed by Governor Tony Evers (Democratic) on April 03, 2026.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 17 sponsors

    1 primary, 16 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (13 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill concerns the distribution of certain materials on the Internet.

AB 105 aims to address the distribution of specific materials online. It has gone through multiple committee reviews and votes but was ultimately vetoed by the Governor.

Summary

An Act to create 100.76 of the statutes;

Bill Text

What changed in the latest version

84 added · 165 removed

Plain-language change summary

The updated version of Assembly Bill 105 introduces specific requirements for businesses that publish or distribute content online that may be harmful to minors. It now mandates that these entities use reasonable methods to verify the age of users to prevent minors from accessing inappropriate material. This change is significant because it aims to enhance the safety of young internet users by ensuring that they cannot easily access harmful content while also protecting their privacy after age verification.

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- 2026 LEGISLATURE LRB-2321/1 JAM:klm ASSEMBLY BILL 105 March 10, 2025 - Introduced by Representatives G OEBEN , B.
Date of enactment:
J ACOBSON , PENTERMAN , REIBICH , ITTRICH , LLEN , KNODL , WICHGERS , MURPHY, BRILL, M URSAU , BEHNKE and P IWOWARCZYK , cosponsored by Senators WANGGAARD , JACQUE , FEYEN and N ASS.
Assembly Bill 105 Date of publication*:
Referred to Committee on State Affairs.
WISCONSIN ACT A N A CT to create 100.76 of the statutes;
A N A CT to create 100.76 of the statutes;
Analysis by the Legislative Reference Bureau This bill prohibits business entities from knowingly and intentionally publishing or distributing material harmful to minors on the Internet on a website that contains a substantial portion of such material, unless the business entity performs a reasonable age verification method to verify the age of individuals attempting to access the website.
The people of the state of Wisconsin, represented in sen- c.
“Material harmful to minors” is defined in the bill to include material 1) that is designed to appeal to prurient interests, 2) that principally consists of descriptions or depictions of actual or simulated sexual acts or body parts including pubic areas, genitals, buttocks, and female nipples, and 3) that lacks serious literary, artistic, political, or scientific value for minors.
Sexual intercourse, masturbation, sodomy, bes- ate and assembly, do enact as follows:
In the bill, a “reasonable age verification method” includes various methods whereby the business entity may verify that an individual seeking to access the material is not a minor.
tiality, oral copulation, flagellation, excretory functions, SECTION 1.
Under the bill, persons that perform reasonable age verification methods may not knowingly retain identifying information of the individual attempting to access the website after the individual’s access has been granted or denied.
The bill also requires a business entity that knowingly and intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material to prevent persons from accessing the - 2026 Legislature - 2 - LRB-2321/1 JAM:klm ASSEMBLY BILL 105 SECTION 1 website from an internet protocol address or internet protocol address range that is linked to or known to be a virtual private network system or provider.
In addition, this bill prohibits business entities from knowingly and intentionally publishing or distributing obscene material or an obscene depiction of a purported child on the Internet.
“Obscene material” is defined to mean a writing, picture, film, or other recording that the average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole, describes or shows sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, educational, or scientific value if taken as a whole.
“Obscene depiction of a purported child” is defined to mean a visual representation that appears to depict an actual child in the form of a photograph, film, motion picture, or digital or computer-generated image or picture, that the average person, applying contemporary community standards, would find appeals to prurient interests if taken as a whole, describes or shows sexually explicit conduct in a patently offensive way, and lacks serious literary, artistic, political, educational, or scientific value if taken as a whole.
A person that violates the provisions of the bill may be subject to civil liability for damages and the payment of court costs and reasonable attorney fees.
Sovereign immunity may not be raised as an affirmative defense to a civil action brought alleging a violation of a provision of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
100.76 Publishing and distributing certain materials to minors.
exhibitions, or any other sexual act.
(1) DEFINITIONS .
3.
Material that, when taken as a whole, lacks seri- 100.76 Publishing and distributing certain mate- rials to minors.
(1) D EFINITIONS .
(a) “Business entity” means a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company, or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such an organization or entity.
ous literary, artistic, political, or scientific value for (a) “Business entity” means a proprietorship, part- minors.
(b) “Distribute” means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.
nership, firm, business trust, joint venture, syndicate, (d) “Minor” means an individual under 18 years of corporation, limited liability company, or business asso- age.
(c) “Material harmful to minors” means material that is all of the following:
ciation, including all wholly owned subsidiaries, major- (e) “News-gathering organization employee” means ity-owned subsidiaries, parent companies, or affiliates any of the following:
of such an organization or entity.
Material that the average person, applying contemporary community - 2026 Legislature - 3 - LRB-2321/1 JAM:klm ASSEMBLY BILL 105 S ECTION 1 standards and taking the material as a whole and with respect to minors, would find to be designed to appeal or pander to prurient interests.
An employee of a print, online, or mobile plat- (b) “Distribute” means to issue, sell, give, provide, form newspaper, news publication, or news source that deliver, transfer, transmute, circulate, or disseminate by provides current news and public interest information, if any means.
2.
(c) “Material harmful to minors” means material the employee is acting in his or her capacity as an em- ployee of the newspaper, news publication, or news that is all of the following:
Material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:
source.
a.
Pubic hair, anus, vulva, genitals, or nipple of the female breast.
b.
Touching, caressing, or fondling of a nipple, breast, buttock, anus, or genitals.
c.
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.
3.
Material that, when taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
(d) “Minor” means an individual under 18 years of age.
(e) “News-gathering organization employee” means any of the following:
An employee of a print, online, or mobile platform newspaper, news publication, or news source that provides current news and public interest information, if the employee is acting in his or her capacity as an employee of the newspaper, news publication, or news source.
Material that the average person, applying con- 2.
2.
An employee of a radio broadcast station, televi- temporary community standards and taking the material as a whole and with respect to minors, would find to be sion broadcast station, cable television operator, or wire designed to appeal or pander to prurient interests.
An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service, if the employee is acting in his or her capacity as an employee of the radio broadcast station, television broadcast station, cable television operator, or wire service.
service, if the employee is acting in his or her capacity 2.
Show all 87 changed rows (47 more)
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(f) “Obscene depiction of a purported child” means obscene material, as - 2026 Legislature - 4 - LRB-2321/1 JAM:klm ASSEMBLY BILL 105 SECTION 1 defined under s.
Material that exploits, is devoted to, or principally as an employee of the radio broadcast station, television broadcast station, cable television operator, or wire consists of descriptions of actual, simulated, or ani- service.
948.125 (1) (b), that contains a depiction of a purported child, as defined under s.
mated display or depiction of any of the following, in a manner patently offensive with respect to minors:
(f) “Obscene depiction of a purported child” means a.
Pubic hair, anus, vulva, genitals, or nipple of the obscene material, as defined under s.
948.125 (1) (b), female breast.
that contains a depiction of a purported child, as defined b.
Touching, caressing, or fondling of a nipple, under s.
(g) “Obscene material” has the meaning given in s.
breast, buttock, anus, or genitals.
944.21 (2) (c).
(h) “Publish” means to communicate or make infor- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Assembly Bill 105 mation available to another person on a publicly avail- with the department may investigate a violation of sub.
(h) “Publish” means to communicate or make information available to another person on a publicly available website.
able website.
(i) “Reasonable age verification method” means verification by a business entity using any of the following methods to determine that an individual seeking access to material harmful to minors is not a minor:
(2) (b).
1.
(i) “Reasonable age verification method” means (b) The department or the department of justice in verification by a business entity using any of the follow- consultation with the department may commence an ac- ing methods to determine that an individual seeking ac- tion in any court of competent jurisdiction in the name cess to material harmful to minors is not a minor:
A commercial age verification system that verifies age using the individual’s government-issued identification card or by using any commercially reasonable method that uses public or private transactional data gathered about the individual.
of this state to restrain by temporary or permanent in- 1.
2.
A commercial age verification system that veri- junction a violation of sub.
A government-issued digitized identification card.
(2) (b).
(j) “Substantial portion” means more than one-third of the total material on a website.
Before entry of final fies age using the individual’s government-issued identi- judgment, the court may make any necessary orders to fication card or by using any commercially reasonable restore to a person any pecuniary loss suffered by the method that uses public or private transactional data person because of the violation.
(2) A GE VERIFICATION REQUIRED TO PUBLISH OR DISTRIBUTE MATERIAL HARMFUL TO MINORS .
gathered about the individual.
(a) No business entity may knowingly and intentionally publish or distribute material harmful to minors on the Internet from a website that contains a substantial portion of such material, unless the business entity performs reasonable age verification methods to verify the age of individuals attempting to access the website.
(c) The department or the department of justice in 2.
(b) A person that performs a reasonable age verification method in compliance with par.
A government-issued digitized identification consultation with the department may commence an ac- card.
(a) may not knowingly retain identifying information of the individual - 2026 Legislature - 5 - LRB-2321/1 JAM:klm ASSEMBLY BILL 105 SECTION 1 attempting to access the website after the individual’s access has been granted or denied.
tion in any court of competent jurisdiction in the name (j) “Substantial portion” means more than one-third of this state to recover a civil forfeiture of not less than of the total material on a website.
(c) A business entity that knowingly and intentionally publishes or distributes material harmful to minors on the Internet from a website that contains a substantial portion of such material shall prevent persons from accessing the website from an internet protocol address or internet protocol address range that is linked to or known to be a virtual private network system or virtual private network provider.
$100 and not more than $10,000 for each violation of (2) A GE VERIFICATION REQUIRED TO PUBLISH OR sub.
(3) PROHIBITION ON THE PUBLISHING OR DISTRIBUTING CERTAIN OBSCENE MATERIAL.
(2) (b).
No business entity may knowingly and intentionally publish or distribute an obscene depiction of a purported child or obscene material on the Internet.
DISTRIBUTE MATERIAL HARMFUL TO MINORS .
(4) C IVIL LIABILI.
(a) No (5) EXEMPTIONS .
(a) A person alleging a violation of sub.
(a) Subsection (2) does not apply business entity may knowingly and intentionally publish to any bona fide news or public interest broadcast, or distribute material harmful to minors on the Internet video, report, or event, and may not be construed to af- from a website that contains a substantial portion of fect the rights of any news-gathering organization such material, unless the business entity performs rea- employee.
(2) or (3) may bring an action seeking actual and punitive damages, court costs, and reasonable attorney fees notwithstanding s.
sonable age verification methods to verify the age of in- (b) No Internet service provider or its affiliates or dividuals attempting to access the website.
subsidiaries, virtual private network provider, search en- (b) A person that performs a reasonable age verifi- gine, or cloud service provider shall be held to have vio- cation method in compliance with par.
(a) may not lated sub.
(2) on the basis of the entity having provided knowingly retain identifying information of the individ- access or connection to or from a website, content on the ual attempting to access the website after the individ- Internet, or a facility, system, or network not under that ual’s access has been granted or denied.
entity’s control, or the entity’s provision of communicat- (3) P ROHIBITION ON PUBLISHING OR DISTRIBUTING ing, transmitting, downloading, intermediate storage of, CERTAIN MATERIAL .
No business entity may knowingly providing access software for, or other services that and intentionally publish or distribute an obscene depic- communicate material harmful to minors, if that entity tion of a purported child on the Internet.
is not responsible for the creation of the content that (4) C IVIL LIABILITY .
(a) A person alleging a viola- constitutes material harmful to minors.
tion of sub.
(2) or (3) may bring an action seeking actual (c) No Internet service provider or its affiliates or and punitive damages, court costs, and reasonable attor- subsidiaries, virtual private network provider, search en- ney fees notwithstanding s.
A person bringing an action under this paragraph is not required to first exhaust any relevant administrative remedies.
A person bring- gine, or cloud service provider shall be held to have vio- ing an action under this paragraph is not required to first lated sub.
(b) Sovereign immunity may not be raised as an affirmative defense in an action brought under par.
(3) on the basis of the entity having provided exhaust any relevant administrative remedies.
access or connection to or from a website, content on the (b) Sovereign immunity may not be raised as an af- Internet, or a facility, system, or network not under that firmative defense in an action brought under par.
(c) The presence or absence of a criminal conviction related to the same conduct underlying an alleged violation of sub.
entity’s control, or the entity’s provision of communicat- (c) The presence or absence of a criminal conviction ing, transmitting, downloading, intermediate storage of, related to the same conduct underlying an alleged viola- providing access software for, or other services that tion of sub.
(2) or (3) has no bearing on the relief available to a person under par.
(2) or (3) has no bearing on the relief avail- communicate an obscene depiction of a purported child, able to a person under par.
(5) E XEMPTIONS.
if that entity is not responsible for the creation of the (4m) E NFORCEMENT AND PENALTY .
(a) Subsection (2) does not apply to any bona fide news or public interest broadcast, video, report, or event, and may not be construed to affect the rights of any news-gathering organization employee.
(a) The de- content that constitutes an obscene depiction of a pur- partment or the department of justice in consultation ported child.
- 2026 Legislature - 6 - LRB-2321/1 JAM:klm ASSEMBLY BILL 105 SECTION 1 (b) No Internet service provider or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated sub.
(2) on the basis of the entity having provided access or connection to or from a website, content on the Internet, or a facility, system, or network not under that entity’s control, or the entity’s provision of communicating, transmitting, downloading, intermediate storage of, providing access software for, or other services that communicate material harmful to minors, if that entity is not responsible for the creation of the content that constitutes material harmful to minors.
(c) No Internet service provider or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated sub.
(3) on the basis of the entity having provided access or connection to or from a website, content on the Internet, or a facility, system, or network not under that entity’s control, or the entity’s provision of communicating, transmitting, downloading, intermediate storage of, providing access software for, or other services that communicate an obscene depiction of a purported child or obscene material, if that entity is not responsible for the creation of the content that constitutes an obscene depiction of a purported child or obscene material.
(END)
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-3-2026

  4. Presented to the Governor on 4-2-2026

  5. Report correctly enrolled on 2-23-2026

  6. LRB correction (Assembly Amendment 1)

  7. LRB correction

  8. Action ordered immediately messaged

  9. Senate Amendment 2 concurred in

  10. Received from Senate amended and concurred in as amended (Senate amendment 2 adopted)

  11. Ordered immediately messaged

  12. Read a third time and concurred in as amended

  13. Rules suspended to give bill its third reading

  14. Ordered to a third reading

  15. Senate Amendment 2 adopted

  16. Senate Amendment 1 withdrawn and returned to author

  17. Read a second time

  18. Placed on calendar 2-18-2026 pursuant to Senate Rule 18(1)

  19. Senate Amendment 2 offered by Senator Wanggaard

  20. Senate Amendment 1 offered by Senator Wanggaard

  21. Available for scheduling

  22. Report concurrence recommended by Committee on Mental Health, Substance Abuse Prevention, Children and Families, Ayes 3, Noes 2

  23. Executive action taken

  24. Public hearing held

  25. Read first time and referred to committee on Mental Health, Substance Abuse Prevention, Children and Families

  26. Received from Assembly

  27. Ordered immediately messaged

  28. Read a third time and passed, Ayes 69, Noes 22, Paired 2

  29. Rules suspended

  30. Ordered to a third reading

  31. Assembly Amendment 1 adopted

  32. Assembly Amendment 1 offered by Representative Goeben

  33. Read a second time

  34. Placed on calendar 3-20-2025 by Committee on Rules

  35. Representative O'Connor added as a coauthor

  36. Referred to committee on Rules

  37. Report passage recommended by Committee on State Affairs, Ayes 8, Noes 2

  38. Executive action taken

  39. Public hearing held

  40. Read first time and referred to Committee on State Affairs

  41. Introduced by Representatives Goeben, B. Jacobson, Penterman, Kreibich, Dittrich, Allen, Knodl, Wichgers, Murphy, Brill, Mursau, Behnke and Piwowarczyk; cosponsored by Senators Wanggaard, Jacque, Feyen and Nass

Sponsors

Sponsorship breakdown

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1 sponsors · 16 co-sponsors · 115 not signed on · 21 voted No

Sponsors (1)

Co-sponsors (16)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read a third time and passed

Passed 69 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 48003
Democrat 192103
Unaffiliated 2100
Total 692206
% of votes cast 71%23%0%6%
How each member voted (97)
Member Party Vote
JOHNSON — Yea
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Yea
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Yea
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Nay
Cruz, Angelina Democrat Nay
DeSanto, Karen Democrat Yea
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Not Voting
Emerson, Jodi Democrat Yea
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Not Voting
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Yea
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Nay
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Yea
McGuire, Tip Democrat Yea
Miresse, Vincent Democrat Yea
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Yea
Palmeri, Lori Democrat Yea
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Yea
Roe, Ann Democrat Yea
Sheehan, Joe Democrat Yea
Sinicki, Christine Democrat Yea
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Yea
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Taylor, Sequanna Democrat Yea
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Yea
Vining, Robyn Democrat Not Voting
Allen, Scott Republican Not Voting
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Not Voting
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights labor technology
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Frequently asked questions

What does AB 105 do?
An Act to create 100.76 of the statutes;
Who sponsors AB 105?
AB 105 is sponsored by Goeben, Joy (Republican), Jacobson, Brent (Republican), Penterman, William (Republican), Kreibich, Rob (Republican), Dittrich, Barbara (Republican), Allen, Scott (Republican), Wanggaard, Jacque, Feyen, Nass, Knodl, Daniel (Republican), Wichgers, Chuck (Republican), Murphy, David (Republican), Brill, Lindee (Republican), Mursau, Jeffrey (Republican), Behnke, Elijah (Republican), and Piwowarczyk, Jim (Republican).
What is the current status of AB 105?
This bill has been sent to the executive. Introduced March 10, 2025. It awaits signature.
Where can I track AB 105?
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