Wisconsin 2019-2020 Regular Session Status: In Committee 6 R cosponsors

AB 71 — Relating to: possession of child pornography and providing a penalty.

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

How this bill changes current law

8 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

This bill expands the definition of child pornography to include images depicting a child in a sexually suggestive manner.

  • 948.12 (1)

    In this section, 'sexually suggestive manner' means any of the following: (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.

    This creates a new definition for 'sexually suggestive manner' in relation to child pornography.

  • 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 → 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

    This change allows for prosecution for possession of materials depicting children in a sexually suggestive manner, in addition to those engaged in sexually explicit conduct.

  • 948.12 (1m) (b)

    contains depictions of sexually explicit conduct → contains depictions of sexually explicit conduct or sexually suggestive imagery

    This broadens the requirement to include awareness of sexually suggestive imagery.

  • 948.12 (1m) (c)

    who is engaged in sexually explicit conduct → who is engaged in sexually explicit conduct or portrayed in a sexually suggestive manner

    This expands the provision to include children depicted in a sexually suggestive manner.

  • 948.12 (2m) (intro.)

    Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct → Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct or portrayed in a sexually suggestive manner

    This update allows for penalties for exhibiting or playing recordings that portray children in a sexually suggestive manner.

  • 948.12 (2m) (b)

    the character and content of the sexually explicit conduct → the character and content of the sexually explicit conduct or sexually suggestive imagery

    This change requires knowledge of sexually suggestive imagery content before exhibiting or playing materials.

  • 948.12 (2m) (c)

    engaged in sexually explicit conduct → engaged in sexually explicit conduct or portrayed in a sexually suggestive manner

    This change requires awareness of whether a child depicted is portrayed in a sexually suggestive manner.

  • 971.23 (11) (b)

    who has not attained the age of 18 and who is engaged in sexually explicit conduct → who has not attained the age of 18 and who is engaged in sexually explicit conduct or portrayed in a sexually suggestive manner

    This change ensures materials of children in a sexually suggestive manner are included in discovery.

Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Laid on the table

  3. Representative Rohrkaste added as a coauthor

  4. Placed on calendar 6-20-2019 by Committee on Rules

  5. Referred to committee on Rules

  6. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 13, Noes 0

  7. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 13, Noes 0

  8. Executive action taken

  9. Assembly Substitute Amendment 1 offered by Representative Tusler

  10. Senator Kooyenga added as a cosponsor

  11. Public hearing held

  12. Read first time and referred to Committee on Criminal Justice and Public Safety

  13. Introduced by Representatives Tusler, Crowley, Brandtjen, Horlacher, Kulp, Mursau, Ramthun, Sanfelippo, Schraa, Skowronski, Sortwell, Steffen, Thiesfeldt, Tittl and Wichgers; cosponsored by Senators Jacque, L. Taylor and Marklein

Sponsors

Sponsorship breakdown

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15 sponsors · 0 co-sponsors · 117 not signed on

Sponsors (15)

Co-sponsors (0)

None.

Not signed on (117)

117 members have not signed on to this bill.

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"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

Subjects

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Frequently asked questions

Who sponsors AB 71?
AB 71 is sponsored by Tusler, Ron (Republican), Crowley, Brandtjen, Horlacher, Kulp, Mursau, Jeffrey (Republican), Ramthun, Sanfelippo, Schraa, Skowronski, Steffen, David (Republican), Thiesfeldt, Tittl, Paul (Republican), Wichgers, Chuck (Republican), and Sortwell, Shae (Republican).
What is the current status of AB 71?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 71?
Track AB 71 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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