Chapter 944

944.18(3)(c) (c) If a person has been convicted under sub. (2), the sentencing court shall order, in addition to any other applicable penalties, all of the following:

944.18(3)(c)1. 1. That the person may not own, possess, reside with, or exercise control over any animal or engage in any occupation, whether paid or unpaid, at any place where animals are kept or cared for, for not less than 5 years or more than 15 years. In computing the time period, time which the person spent in actual confinement serving a criminal sentence shall be excluded.

944.18(3)(c)2. 2. That the person shall submit to a psychological assessment and participate in appropriate counseling at the person’s expense.

944.18(3)(c)3. 3. That the person shall pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer or conservation warden or his or her designee, for any pecuniary loss suffered by the person as a result of the crime. This requirement applies regardless of whether the person is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the person to pay and shall determine the method of payment. Upon application of an interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss, as defined in s. 951.18 (4) (a) 1., under this subdivision.

944.18(4) (4) Severability. The provisions of this section are severable, as provided in s. 990.001 (11).

944.18 History History: 2019 a. 162; 2021 a. 240 s. 30.

944.19 944.19 Prohibiting child sex dolls.

944.19(1) (1) In this section, “child sex doll” means an anatomically correct doll, mannequin, or robot, with features that are intended to resemble a minor that is intended for use in sex acts, for sexual gratification, or for the purpose of manipulating children into participating in sex acts, instructing children how to participate in sexual acts, or normalizing sexual behavior with children.

944.19(2) (2) 

944.19(2)(a) (a) No person may intentionally possess a child sex doll. A person who violates this paragraph is guilty of the following:

944.19(2)(a)1. 1. For a first offense involving fewer than 3 child sex dolls, a Class I felony.

944.19(2)(a)2. 2. For a 2nd offense or for an offense involving at least 3 child sex dolls, a Class H felony.

944.19(2)(a)3. 3. For a 3rd or subsequent offense, a Class G felony.

944.19(2)(a)4. 4. For a first offense involving a child sex doll that is intended to resemble a specific minor, a Class E felony.

944.19(2)(a)5. 5. For a 2nd or subsequent offense involving a child sex doll that is intended to resemble a specific minor, a Class D felony.

944.19(2)(b) (b) No person may intentionally sell, transfer possession of, advertise, display, or provide premises for the use of, or offer to sell, transfer possession of, advertise, display, or provide premises for the use of, a child sex doll. A person who violates this paragraph is guilty of the following:

944.19(2)(b)1. 1. For a first offense, a Class I felony.

944.19(2)(b)2. 2. For a 2nd offense, a Class H felony.

944.19(2)(b)3. 3. For a 3rd or subsequent offense, a Class G felony.

944.19(2)(c) (c) No person may intentionally sell, transfer possession of, advertise, or display, or offer to sell, transfer possession of, advertise, or display, instructions on how to create a child sex doll or materials intended to create a child sex doll. A person who violates this paragraph is guilty of the following:

944.19(2)(c)1. 1. For a first offense, a Class F felony.

944.19(2)(c)2. 2. For a 2nd or subsequent offense, a Class E felony.

944.19(2)(d) (d) No person may intentionally manufacture a child sex doll. A person who violates this paragraph is guilty of the following:

944.19(2)(d)1. 1. For a first offense, a Class F felony.

944.19(2)(d)2. 2. For a 2nd or subsequent offense, a Class E felony.

944.19(2)(d)3. 3. For a first offense involving a child sex doll that is intended to resemble a specific minor, a Class E felony.

944.19(2)(d)4. 4. For a 2nd or subsequent offense involving a child sex doll that is intended to resemble a specific minor, a Class D felony.

944.19(3) (3) A person who commits a violation under sub. (2) is guilty of a felony that is one classification higher than the penalty provided under sub. (2) if the person has one or more prior convictions for a violation under s. 948.02 (1), 948.025 (1) (a) to (d), 948.03 (2), 948.05, 948.075, or 948.12.

944.19(4) (4) 

944.19(4)(a) (a) Subsection (2) does not apply to a law enforcement officer, physician, psychologist, attorney, officer of the court, or other person involved in law enforcement or child therapy in the lawful performance of his or her duty.

944.19(4)(b) (b) Subsection (2) (b) and (d) do not apply to a manufacturer or distributor who is providing or manufacturing a child sex doll for a use described in par. (a).

944.19 History History: 2023 a. 225.

subch. IV of ch. 944 SUBCHAPTER IV

OBSCENITY

944.20 944.20 Lewd and lascivious behavior.

944.20(1) (1) Whoever does any of the following is guilty of a Class A misdemeanor:

944.20(1)(a) (a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or

944.20(1)(b) (b) Publicly and indecently exposes genitals or pubic area.

944.20(2) (2) Subsection (1) does not apply to a mother’s breast-feeding of her child.

944.20 History History: 1977 c. 173; 1983 a. 17; 1989 a. 31; 1995 a. 165.

944.20 Annotation “Publicly” is susceptible to a construction that will avoid the question of constitutional overbreadth, by limiting the application of the statute to constitutionally permissible goals of protecting children from exposure to obscenity and preventing assaults on the sensibilities of unwilling adults in public. Reichenberger v. Warren, 319 F. Supp. 1237 (1970).

944.21 944.21 Obscene material or performance.

944.21(1) (1) The legislature intends that the authority to prosecute violations of this section shall be used primarily to combat the obscenity industry and shall never be used for harassment or censorship purposes against materials or performances having serious artistic, literary, political, educational or scientific value. The legislature further intends that the enforcement of this section shall be consistent with the first amendment to the U.S. constitution, article I, section 3, of the Wisconsin constitution and the compelling state interest in protecting the free flow of ideas.

944.21(2) (2) In this section:

944.21(2)(a) (a) “Community” means this state.

944.21(2)(am) (am) “Exhibit” has the meaning given in s. 948.01 (1d).

944.21(2)(b) (b) “Internal revenue code” has the meaning specified in s. 71.01 (6).

944.21(2)(c) (c) “Obscene material” means a writing, picture, film, or other recording that:

944.21(2)(c)1. 1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;

944.21(2)(c)2. 2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

944.21(2)(c)3. 3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.

944.21(2)(d) (d) “Obscene performance” means a live exhibition before an audience which:

944.21(2)(d)1. 1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;

944.21(2)(d)2. 2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

944.21(2)(d)3. 3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.

944.21(2)(dm) (dm) “Recording” has the meaning given in s. 948.01 (3r).

944.21(2)(e) (e) “Sexual conduct” means the commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.

944.21(2)(f) (f) “Wholesale transfer or distribution of obscene material” means any transfer for a valuable consideration of obscene material for purposes of resale or commercial distribution; or any distribution of obscene material for commercial exhibition. “Wholesale transfer or distribution of obscene material” does not require transfer of title to the obscene material to the purchaser, distributee or exhibitor.

944.21(3) (3) Whoever does any of the following with knowledge of the character and content of the material or performance and for commercial purposes is subject to the penalties under sub. (5):

944.21(3)(a) (a) Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or distributes any obscene material.

944.21(3)(b) (b) Produces or performs in any obscene performance.

944.21(3)(c) (c) Requires, as a condition to the purchase of periodicals, that a retailer accept obscene material.

944.21(4) (4) Whoever does any of the following with knowledge of the character and content of the material is subject to the penalties under sub. (5):

944.21(4)(a) (a) Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.

944.21(4)(b) (b) Has in his or her possession with intent to distribute, exhibit, or play to a person under the age of 18 years any obscene material.

944.21(5) (5) 

944.21(5)(a) (a) Except as provided under pars. (b) to (e), any person violating sub. (3) or (4) is subject to a Class A forfeiture.

944.21(5)(b) (b) If the person violating sub. (3) or (4) has one prior conviction under this section, the person is guilty of a Class A misdemeanor.

944.21(5)(c) (c) If the person violating sub. (3) or (4) has 2 or more prior convictions under this section, the person is guilty of a Class H felony.

944.21(5)(d) (d) Prior convictions under pars. (b) and (c) apply only to offenses occurring on or after June 17, 1988.

944.21(5)(e) (e) Regardless of the number of prior convictions, if the violation under sub. (3) or (4) is for a wholesale transfer or distribution of obscene material, the person is guilty of a Class H felony.

944.21(5m) (5m) A contract printer or employee or agent of a contract printer is not subject to prosecution for a violation of sub. (3) regarding the printing of material that is not subject to the contract printer’s editorial review or control.

944.21(6) (6) Each day a violation under sub. (3) or (4) continues constitutes a separate violation under this section.

944.21(7) (7) A district attorney may submit a case for review under s. 165.25 (3m). No civil or criminal proceeding under this section may be commenced against any person for a violation of sub. (3) or (4) unless the attorney general determines under s. 165.25 (3m) that the proceeding may be commenced.

944.21(8) (8) 

944.21(8)(a) (a) The legislature finds that the libraries and educational institutions under par. (b) carry out the essential purpose of making available to all citizens a current, balanced collection of books, reference materials, periodicals, sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature of American society. The legislature further finds that it is in the interest of the state to protect the financial resources of libraries and educational institutions from being expended in litigation and to permit these resources to be used to the greatest extent possible for fulfilling the essential purpose of libraries and educational institutions.

944.21(8)(b) (b) No person who is an employee, a member of the board of directors or a trustee of any of the following is liable to prosecution for violation of this section for acts or omissions while in his or her capacity as an employee, a member of the board of directors or a trustee:

944.21(8)(b)1. 1. A public elementary or secondary school.

944.21(8)(b)2. 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as defined in s. 115.001 (15m).

944.21(8)(b)3. 3. Any school offering vocational, technical or adult education that:

944.21(8)(b)3.a. a. Is a technical college, is a school approved by the department of safety and professional services under s. 440.52, or is a school described in s. 440.52 (1) (e) 6., 7. or 8.; and

944.21(8)(b)3.b. b. Is exempt from taxation under section 501 (c) (3) of the internal revenue code.

944.21(8)(b)4. 4. Any institution of higher education that is accredited, as described in s. 39.30 (1) (d), and is exempt from taxation under section 501 (c) (3) of the internal revenue code.

944.21(8)(b)5. 5. A library that receives funding from any unit of government.

944.21(9) (9) In determining whether material is obscene under sub. (2) (c) 1. and 3., a judge or jury shall examine individual pictures, recordings of images, or passages in the context of the work in which they appear.

944.21(10) (10) The provisions of this section, including the provisions of sub. (8), are severable, as provided in s. 990.001 (11).

944.21 History History: 1977 c. 173, 272; 1987 a. 416; 1993 a. 399; 1995 a. 27 s. 9154 (1); 1997 a. 27; 1999 a. 9; 2001 a. 16, 104, 109; 2005 a. 22, 25, 254; 2009 a. 302; 2017 a. 59.

944.21 Annotation The sufficiency of an obscenity complaint and the correctness of jury instructions are discussed. State v. Simpson, 56 Wis. 2d 27, 201 N.W.2d 558.

944.21 Annotation To charge a defendant with the possession or sale of obscene materials, the complaint must allege that the defendant knew the nature of the materials; a charge that the defendant acted “feloniously” is insufficient to charge scienter. State v. Schneider, 60 Wis. 2d 563, 211 N.W.2d 630.