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2007 WISCONSIN ACT 118
Date of enactment: March 20, 2008
2007 Assembly Bill 8
Date of publication*: April 3, 2008
2007 WISCONSIN ACT 118
A
N
A
CT

to renumber and amend 942.09 (2), 942.09 (3) and 942.09 (4); and to create 175.22, 942.09 (1) (am) and
942.09 (5) of the statutes; relating to: capturing an image of a nude or partially nude person in a locker room, written
policies on privacy in locker rooms, and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
S
ECTION
1.
175.22 of the statutes is created to read:
175.22 Policy on privacy in locker rooms.
(1) In
this section:
(a) Person includes the state.
(b) Recording device means a camera, a video
recorder, or any other device that may be used to record
or transfer images.
(2)
Any person that owns or operates a locker room
in this state shall adopt a written policy that does all of the
following:
(a) Specifies who may enter and remain in the locker
room to interview or seek information from any individ-
ual in the locker room.
(b) Specifies the recording devices that may be used
in the locker room and the circumstances under which
they may be used.
(c) Reflects the privacy interests of individuals who
use the locker room.
(d) Specifies that no person may use a cell phone to
capture, record, or transfer a representation of a nude or
partially nude person in the locker room.
S
ECTION
2.
942.09 (1) (am) of the statutes is created
to read:
942.09 (1) (am) Nude or partially nude person has
the meaning given in s. 942.08 (1) (a).
S
ECTION
3.
942.09 (2) of the statutes is renumbered
942.09 (2) (am), and 942.09 (2) (am) 2. and 3., as renum-
bered, are amended to read:
942.09 (2) (am) 2. Makes a reproduction of a repre-
sentation that the person knows or has reason to know
was captured in violation of par. (a) subd. 1. and that
depicts the nudity depicted in the representation captured
in violation of par. (a) subd. 1., if the person depicted
nude in the reproduction did not consent to the making of
the reproduction.
3. Possesses, distributes, or exhibits a representation
that was captured in violation of par. (a) subd. 1. or a
reproduction made in violation of par. (b) subd. 2., if the
person knows or has reason to know that the representa-
tion was captured in violation of par. (a) subd. 1. or the
reproduction was made in violation of par. (b) subd. 2.,
and if the person who is depicted nude in the representa-
tion or reproduction did not consent to the possession,
distribution, or exhibition.
S
ECTION
4.
942.09 (3) of the statutes is renumbered
942.09 (2) (bm), and 942.09 (2) (bm) (intro.) and 2., as
renumbered, are amended to read:
* Section 991.11, W
ISCONSIN
S
TATUTES
200506 : Effective date of acts. Every act and every portion of an act enacted by the legislature over
the governors partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication
as designated by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment]. 2
2007 Wisconsin Act 118


2007 Assembly Bill 8
942.09 (2) (bm) (intro.) Notwithstanding sub. (2) (a),
(b), and (c) par. (am), if the person depicted nude in a rep-
resentation or reproduction is a child and the capture,
possession, exhibition, or distribution of the representa-
tion, or making, possession, exhibition, or distribution of
the reproduction, does not violate s. 948.05 or 948.12, a
parent, guardian, or legal custodian of the child may do
any of the following:
2. Distribute or exhibit a representation captured or
possessed under par. (a) subd. 1., or distribute or exhibit
a reproduction made or possessed under par. (a) subd. 1.,
if the distribution or exhibition is not for commercial pur-
poses.
S
ECTION
5.
942.09 (4) of the statutes is renumbered
942.09 (2) (cm) and amended to read:
942.09 (2) (cm) This section subsection does not
apply to a person who receives a representation or repro-
duction depicting a child from a parent, guardian, or legal
custodian of the child under sub. (3) (b) par. (bm) 2., if the
possession, exhibition, or distribution is not for commer-
cial purposes.
S
ECTION
6.
942.09 (5) of the statutes is created to
read:
942.09 (5) (a) Whoever, while present in a locker
room, intentionally captures a representation of a nude or
partially nude person while the person is nude or partially
nude in the locker room is guilty of a Class B misde-
meanor. This paragraph does not apply if the person con-
sents to the capture of the representation and one of the
following applies:
1. The person is, or the actor reasonably believes that
the person is, 18 years of age or over when the person
gives his or her consent.
2. The persons parent, guardian, or legal custodian
consents to the capture of the representation.
(b) 1. Whoever intentionally does any of the follow-
ing is guilty of a Class A misdemeanor:
a. Captures a representation of a nude or partially
nude person while the actor is present in, and the person
is nude or partially nude in, the locker room and exhibits
or distributes the representation to another.
b. Transmits or broadcasts an image of a nude or par-
tially nude person from a locker room while the person
is nude or partially nude in the locker room.
2. This paragraph does not apply if the person con-
sents to the exhibition or distribution of the representa-
tion or the transmission or broadcast of the image and one
of the following applies:
a. The person is, or the actor reasonably believes that
the person is, 18 years of age or over when the person
gives his or her consent.
b. The persons parent, guardian, or legal custodian
consents to the exhibition, distribution, transmission, or
broadcast.
S
ECTION
7.
0
Effective dates.
This act takes effect on
the day after publication, except as follows:
(1) The treatment of section 175.22 of the statutes
takes effect on the first day of the 6th month beginning
after publication.