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.
History: 2005 a. 432.
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.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 948 - Crimes against children.
948.015 - Other offenses against children.
948.02 - Sexual assault of a child.
948.025 - Engaging in repeated acts of sexual assault of the same child.
948.03 - Physical abuse of a child.
948.04 - Causing mental harm to a child.
948.05 - Sexual exploitation of a child.
948.051 - Trafficking of a child.
948.055 - Causing a child to view or listen to sexual activity.
948.075 - Use of a computer to facilitate a child sex crime.
948.08 - Soliciting a child for prostitution.
948.081 - Patronizing a child.
948.085 - Sexual assault of a child placed in substitute care.
948.09 - Sexual intercourse with a child age 16 or older.
948.093 - Underage sexual activity.
948.10 - Exposing genitals, pubic area, or intimate parts.
948.11 - Exposing a child to harmful material or harmful descriptions or narrations.
948.12 - Possession of child pornography.
948.13 - Child sex offender working with children.
948.14 - Registered sex offender and photographing minors.
948.20 - Abandonment of a child.
948.215 - Chronic neglect; repeated acts of neglect.
948.23 - Concealing or not reporting death of a child; not reporting disappearance of a child.
948.24 - Unauthorized placement for adoption.
948.25 - Unauthorized interstate placements of children.
948.30 - Abduction of another's child; constructive custody.
948.31 - Interference with custody by parent or others.
948.40 - Contributing to the delinquency of a child.
948.45 - Contributing to truancy.
948.50 - Strip search by school employee.
948.53 - Child unattended in child care vehicle.
948.55 - Leaving or storing a loaded firearm within the reach or easy access of a child.
948.60 - Possession of a dangerous weapon by a person under 18.
948.605 - Gun-free school zones.
948.61 - Dangerous weapons other than firearms on school premises.
948.62 - Receiving stolen property from a child.