942.09 Representations depicting nudity.
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/wi/chapter-942/942-09-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
942.09 Representations depicting nudity.
(1)In this section:
(a)“Captures a representation” means takes a photograph, makes a motion picture, videotape, recording, or other visual or audio representation, or records or stores in any medium data that represents a visual image.
(ae)“Consent” means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to the act. A person who has not attained the age of 18 is incapable of consent. The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11
(2):
1. A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct.
2. A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(ag)“Intimate representation” means any of the following:
1. A representation of a nude or partially nude person.
2. A representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public.
3. A representation of a person urinating, defecating, or using a feminine hygiene product.
4. A representation of person engaged in sexual intercourse or sexual contact, as defined in s. 940.225
(b)or
(c).