SB 68 — Relating to: possession of child pornography and providing a penalty.

- 2020 LEGISLATURE LRBs0029/1LRB-1127/1 MLJ:kjf/cjs/amnMLJ:cdc SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 68 MayMarch 7,1, 2019 - OfferedIntroduced by SenatoACQUE.Senators J ACQUE , L.

ATAYLOR Nand AM CTARKLEIN, tocosponsored createby 948.01Representatives (1t)T ofUSLER, theCROWLEY statutes;, BRANDTJEN, HORLACHER , K ULP, M URPHY , M URSAU, R AMTHUN , S ANFELIPPO, S CHRAA , SKOWRONSKI , S ORTWELL, STEFFEN, THIESFELDT, ITTLand W ICHGERS.

Referred to Committee on Judiciary and Public Safety.

A N A CT to amend 948.12 (1m) (intro.), 948.12 (1m) (b), 948.12 (1m) (c), 948.12 (2m) (intro.), 948.12 (2m) (b), 948.12 (2m) (c) and 971.23 (11) (b);

and to create 948.12 (1) of the statutes;

definingpossession of child pornography.pornography and providing a penalty.

Analysis by the Legislative Reference Bureau Under current law, in order for an image or video to be child pornography, the child must be engaged in sexually explicit conduct.

Under this bill, an image or video is child pornography if it depicts the child in a sexually suggestive manner, which means that it depicts:

1) a child's less than completely and opaquely covered genitals, pubic area, or intimate parts in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child;

2) any form of contact with a child's genitals, pubic area, or intimate parts in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child;

or 3) a child in any other way that is for the purpose of sexual stimulation or gratification of any person who may view the depiction where the depiction does not have serious literary, artistic, political, or scientific value.

- 2020 Legislature - 2 - LRB-1127/1 MLJ:cdc SENATE BILL 68 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.

948.01948.12 (1t)(1) of the statutes is created to read:

948.01948.12 (1t)(1) “LewdIn exhibitionthis ofsection, intimate“sexually parts”suggestive manner” means theany display of less than fully and opaquely covered intimate parts of a person who is posed as a sex object or in a way that places an unnatural or unusual focus on the intimatefollowing: parts.

(a) Depicting a child's less than completely and opaquely covered genitals, pubic area, or intimate parts in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child.

(b) Depicting any form of contact with a child's genitals, pubic area, or intimate parts in a manner that, by means of the posing, composition, format, or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the child.

(c) Depicting a child for the purpose of sexual stimulation or gratification of any person who may view the depiction where the depiction does not have serious literary, artistic, political, or scientific value.

SECTION 2.

948.12 (1m) (intro.) of the statutes is amended to read:

948.12 (1m) (intro.) Whoever possesses, or accesses in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct or portrayed in a sexually suggestive manner under all of the following circumstances may be penalized under sub.

(3):

LRB-1127/1 - 2020 Legislature - 3 - MLJ:cdc SECTION 3 SENATE BILL 68 SECTION 3.

948.12 (1m) (b) of the statutes is amended to read:

948.12 (1m) (b) The person knows, or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct or sexually suggestive imag.ry SECTION 4.

948.12 (1m) (c) of the statutes is amended to read:

948.12 (1m) (c) The person knows or reasonably should know that the child depicted in the material who is engaged in sexually explicit conduct or portrayed in a sexually suggestive manner has not attained the age of 18 years.

SECTION 5.

948.12 (2m) (intro.) of the statutes is amended to read:

948.12 (2m) (intro.) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct or portrayed in a sexually suggestive mannerf the following apply, may be penalized under sub.

(3):

SECTION 6.

948.12 (2m) (b) of the statutes is amended to read:

948.12 (2m) (b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct or sexually suggestive imagery.

SECTION 7.

948.12 (2m) (c) of the statutes is amended to read:

948.12 (2m) (c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct or portrayed in a sexually suggestive manner had not attained the age of 18 years.

SECTION 8.

971.23 (11) (b) of the statutes is amended to read:

971.23 (11) (b) Any undeveloped film, photographic negative, photograph, motion picture, videotape, or recording, which includes any item or material that would be included under s.

948.01 (3r), or any copy of the foregoing, that is of a person - 2020 Legislature - 4 - LRB-1127/1 MLJ:cdc SENATE BILL 68 SECTION 8 who has not attained the age of 18 and who is engaged in sexually explicit conduct or portrayed in a sexually suggestive mannerand that is in the possession, custody, and control of the state shall remain in the possession, custody, and control of a law enforcement agency or a court but shall be made reasonably available to the defense.