2017 Wisconsin Statutes & Annotations
Chapter 948. Crimes against children.
948.14 Registered sex offender and photographing minors.
948.14 Registered sex offender and photographing minors.
(1) Definitions. In this section:
(a) “Captures a representation" has the meaning given in s. 942.09 (1) (a).
(b) “Minor" means an individual who is under 17 years of age.
(c) “Representation" has the meaning giving in s. 942.09 (1) (c).
(d) “Sex offender" means a person who is required to register under s. 301.45.
(2) Prohibition.
(a) A sex offender may not intentionally capture a representation of any minor without the written consent of the minor's parent, legal custodian, or guardian. The written consent required under this paragraph shall state that the person seeking the consent is required to register as a sex offender with the department of corrections.
(b) Paragraph (a) does not apply to a sex offender who is capturing a representation of a minor if the sex offender is the minor's parent, legal custodian, or guardian.
(3) Penalty. Whoever violates sub. (2) is guilty of a Class I felony.
NOTE: The Court of Appeals in State v. Oatman, 2015 WI App 76, concluded that s. 948.14 is overbroad on its face and invalid in its entirety.
The structure of s. 942.09, with its separate subdivisions for capturing and possessing a representation, and the legislature's decision to import the definition of “captures a representation" from s. 942.09, along with legislative history indicating that the purpose of this section is to prohibit sex offenders from photographing, filming, or videotaping minors without parental consent, leads to the conclusion that “stores in any medium data that represents a visual image" as used in the definition of “captures a representation" in s. 942.09 does not include the mere possession of visual images. State v. Chagnon, 2015 WI App 66, 364 Wis. 2d 719, 870 N.W.2d 27, 14-2770.
