Obscenity Law
RICO-Obscenity Law
Harmful to Minors Law
Public Display of Offensive Material Law
Public Indecency Law
Alcohol Beverage Control Law (dealing with obscenity/nudity/pornography)
Sexually Oriented Business LawCIVIL PROCEDURE
CHAPTER 806. CIVIL PROCEDURE -- JUDGMENT
Wis. Stat. § 806.05
806.05. Declaratory judgments against obscene matter.
(1) GROUNDS FOR AND COMMENCEMENT OF ACTION.
Whenever there is reasonable cause to believe that any book, magazine, or other written matter, or picture, sound recording or film, which is being sold, loaned, or distributed in any county, or is in the possession of any person who intends to sell, loan or distribute the same in any county, is obscene, the district attorney of such county, in the name of the state, as plaintiff, may file a complaint in the circuit court for such county directed against such matter by name. Upon the filing of such complaint, the court shall make a summary examination of such matter. If it is of the opinion that there is reasonable cause to believe that such matter is obscene, it shall issue an order, directed against said matter by name, to show cause why said matter should not be judicially determined to be obscene. This order shall be addressed to all persons interested in the publication, production, sale, loan, exhibition and distribution thereof, and shall be returnable within 30 days. The order shall be published as a class 2 notice, under ch. 985 A copy of such order shall be sent by certified mail to the publisher, producer, and one or more distributors of said matter, to the persons holding the copyrights, and to the author, in case the names of any such persons appear on such matter or can with reasonable diligence be ascertained by said district attorney. Such publication shall commence and such notices shall be so mailed within 72 hours of the issuance of the order to show cause by the court.
(1m) INTERLOCUTORY ADJUDICATION.
After the issuance of the order to show cause under sub. (1), the court shall, on motion of the district attorney, make an interlocutory finding and adjudication that said book, magazine or other written matter or picture, sound recording or film is obscene, which finding and adjudication shall be of the same effect as the final judgment provided in sub. (3) or (5), but only until such final judgment is made or until further order of the court.
(2) RIGHT TO DEFEND; JURY TRIAL.
Any person interested in the publication, production, sale, loan, exhibition or distribution of such matter may appear and file an answer on or before the return day named in said notice. If in such answer the right to trial by jury is claimed on the issue of the obscenity of said matter, such issue shall be tried to a jury. If no right to such trial is thus claimed, it shall be deemed waived, unless the court shall, for cause shown, on motion of an answering party, otherwise order.
(3) DEFAULT.
If no person appears and answers within the time allowed, the court may then, without notice, upon motion of the plaintiff, if the court finds that the matter is obscene, make an adjudication against the matter that the same is obscene.
(4) SPEEDY HEARING; RULES OF EVIDENCE.
If an answer is filed, the case shall be set down for a speedy hearing, but an adjudication of default and order shall first be entered against all persons who have not appeared and answered in the manner provided in sub. (3) If any person answering so demands, the trial shall not be adjourned for a period of longer than 72 hours beyond the opening of court on the day following the filing of the answer. At such hearing, subject to chs. 901 to 911, the court shall receive the testimony of experts and evidence as to the literary, cultural or educational character of said matter and as to the manner and form of its production, publication, advertisement, distribution and exhibition. The dominant effect of the whole of such matter shall be determinative of whether said matter is obscene.
(5) FINDINGS AND JUDGMENT.
If, after the hearing, the court or jury, unless its finding is contrary to law or to the great weight and clear preponderance of the evidence, determines that the matter is obscene, the court shall enter judgment that the matter is obscene. If it is determined that the matter is not obscene, the court shall enter judgment dismissing the complaint, and a total of not more than 100 in costs, in addition to taxable disbursements, may be awarded to the persons defending the matter, which shall be paid from the county treasury. Any judgment under this subsection may be appealed to the court of appeals under chs. 808 and 809 by any person adversely affected, and who is either interested in the publication, production, sale, loan, exhibition or distribution of the matter, or is the plaintiff district attorney.
(6) ADMISSIBILITY IN CRIMINAL PROSECUTIONS.
In any trial for a violation of s. 944.21, the proceeding under this section and the final judgment of the circuit court under sub. (3) or (5) or the interlocutory adjudication under sub. (1m), shall be admissible in evidence on the issue of the obscenity of said matter and on the issue of the defendants knowledge that said matter is obscene, provided, that if the judgment of the court sought to be introduced in evidence is one holding the matter to be obscene, it shall not be admitted unless the defendant in said criminal action was served with notice of the judgment of the court hereunder, and the criminal prosecution is based upon conduct by said defendant occurring more than 18 hours after such service or such appearance, whichever is earlier.
CRIMINAL CODE
CHAPTER 944. CRIMES AGAINST SEXUAL MORALITY
OBSCENITY
Wis. Stat. § 944.17
944.17. Sexual gratification.
(1) In this section, "in public" means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification.
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Commits an act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another.
(c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal.
(d) Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal.
(3) Subsection (2) does not apply to a mothers breast-feeding of her child.
944.20. Lewd and lascivious behavior.
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or
(b) Publicly and indecently exposes genitals or pubic area.
(2) Subsection (1) does not apply to a mothers breast-feeding of her child.
944.21. Obscene material or performance.
(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.
(2) In this section:
(a) "Community" means this state.
(am) "Exhibit" has the meaning given in s. 948.01 (1d)
(b) "Internal revenue code" has the meaning specified in s. 71.01 (6)
(c) "Obscene material" means a writing, picture, film, or other recording that:
1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
(d) "Obscene performance" means a live exhibition before an audience which:
1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
(dm) "Recording" has the meaning given in s. 948.01 (3r)
(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.
(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.
(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):
(a) Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or distributes any obscene material.
(b) Produces or performs in any obscene performance.
(c) Requires, as a condition to the purchase of periodicals, that a retailer accept obscene material.
(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):
(a) Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.
(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.
(5)
(a) Except as provided under pars. (b) to (e), any person violating sub. (3) or (4) is subject to a Class A forfeiture.
(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.
(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.
(d) Prior convictions under pars. (b) and (c) apply only to offenses occurring on or after June 17, 1988.
(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.
(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 printers editorial review or control.
(6) Each day a violation under sub. (3) or (4) continues constitutes a separate violation under this section.
(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.
(8)
(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.
(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:
1. A public elementary or secondary school.
2. A private school, as defined in s. 115.001 (3r)
3. Any school offering vocational, technical or adult education that:
a. Is a technical college, is a school approved by the educational approval board under s. 38.50, or is a school described in s. 38.50 (1) (e) 6., 7. or 8.; and
b. Is exempt from taxation under section 501 (c) (3) of the internal revenue code.
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.
5. A library that receives funding from any unit of government.
(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.
(10) The provisions of this section, including the provisions of sub. (8), are severable, as provided in s. 990.001 (11).
944.23. Making lewd, obscene or indecent drawings.
Whoever makes any lewd, obscene or indecent drawing or writing in public or in a public place is guilty of a Class C misdemeanor.944.25. Sending obscene or sexually explicit electronic messages.
(1) In this section:
(a) "Electronic mail solicitation" means an electronic mail message, including any attached program or document, that is sent for the purpose of encouraging a person to purchase property, goods, or services.
(b) "Obscene material" has the meaning given in s. 944.21 (2) (c)
(c) "Sexually explicit conduct" has the meaning given in s. 948.01 (7)
(2) Whoever sends an unsolicited electronic mail solicitation to a person that contains obscene material or a depiction of sexually explicit conduct without including the words "ADULT ADVERTISEMENT" in the subject line of the electronic mail solicitation is guilty of a Class A misdemeanor.
None.
CRIMINAL CODE
CHAPTER 948. CRIMES AGAINST CHILDREN
Wis. Stat. § 948.01
948.01. Definitions.
In this chapter, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction:
(1) "Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.
(1d) "Exhibit," with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.
(1g) "Joint legal custody" has the meaning given in s. 767.001 (1s)
(1r) "Legal custody" has the meaning given in s. 767.001 (2)
(2) "Mental harm" means substantial harm to a childs psychological or intellectual functioning which may be evidenced by a substantial degree of certain characteristics of the child including, but not limited to, anxiety, depression, withdrawal or outward aggressive behavior. "Mental harm" may be demonstrated by a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the childs age and stage of development.
(3) "Person responsible for the childs welfare" includes the childs parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution or agency; other person legally responsible for the childs welfare in a residential setting; or a person employed by one legally responsible for the childs welfare to exercise temporary control or care for the child.
(3m) "Physical placement" has the meaning given in s. 767.001 (5)
(3r) "Recording" includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.
(4) "Sadomasochistic abuse" means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.
(5) "Sexual contact" means any of the following:
(a) Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant:
1. Intentional touching by the defendant or, upon the defendants instruction, by another person, by the use of any body part or object, of the complainants intimate parts.
2. Intentional touching by the complainant, by the use of any body part or object, of the defendants intimate parts or, if done upon the defendants instructions, the intimate parts of another person.
(b) Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendants instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.
(c) For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendants body, whether clothed or unclothed.
(6) "Sexual intercourse" means vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a persons body or of any object into the genital or anal opening either by the defendant or upon the defendants instruction. The emission of semen is not required.
(7) "Sexually explicit conduct" means actual or simulated:
(a) Sexual intercourse, meaning vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a persons body or of any object into the genital or anal opening either by a person or upon the persons instruction. The emission of semen is not required;
(b) Bestiality;
(c) Masturbation;
(d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or
(e) Lewd exhibition of intimate parts.
948.11. Exposing a child to harmful material or harmful descriptions or narrations.
(1) DEFINITIONS.
In this section:
(ag) "Harmful description or narrative account" means any explicit and detailed description or narrative account of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality that, taken as a whole, is harmful to children.
(ar) "Harmful material" means:
1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or
2. Any book, pamphlet, magazine, printed matter however reproduced or recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.
(b) "Harmful to children" means that quality of any description, narrative account or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:
1. Predominantly appeals to the prurient, shameful or morbid interest of children;
2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children; and
3. Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.
(d) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
(e) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(f) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(2) CRIMINAL PENALTIES.
(a) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:
1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.
(am) Any person who has attained the age of 17 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:
1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child before or during the communication.
(b) Whoever, with knowledge of the character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, play, distribute, or loan the material to a child is guilty of a Class A misdemeanor if any of the following applies:
1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child.
(c) It is an affirmative defense to a prosecution for a violation of pars. (a) 2., (am) 2., and (b) 2. if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, drivers license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
(3) EXTRADITION.
If any person is convicted under sub. (2) and cannot be found in this state, the governor or any person performing the functions of governor by authority of the law shall, unless the convicted person has appealed from the judgment of contempt or conviction and the appeal has not been finally determined, demand his or her extradition from the executive authority of the state in which the person is found.
(4) LIBRARIES AND EDUCATIONAL INSTITUTIONS.
(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.
(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:
1. A public elementary or secondary school.
2. A private school, as defined in s. 115.001 (3r)
3. Any school offering vocational, technical or adult education that:
a. Is a technical college, is a school approved by the educational approval board under s. 38.50, or is a school described in s. 38.50 (1) (e) 6., 7. or 8.; and
b. Is exempt from taxation under section 501 (c) (3) of the internal revenue code, as defined in s. 71.01 (6)
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, as defined in s. 71.01 (6)
5. A library that receives funding from any unit of government.
(5) SEVERABILITY.
The provisions of this section, including the provisions of sub. (4), are severable, as provided in s. 990.001 (11).
Public Display of Offensive Material Law
See obscenity law.
See obscenity law.
Alcohol Beverage Control Law (dealing with obscenity/nudity/pornography)
None.
Sexually Oriented Business Law
REGULATION AND LICENSING
CHAPTER 460. MASSAGE THERAPY AND BODYWORK
Wis. Stat. § 460.04
460.04. Duties of department.
(1) The department shall assign a unique certificate number to each person certified under this chapter.
(2) The department shall promulgate rules that establish all of the following:
(a) Standards that govern the professional conduct of certificate holders in practicing massage therapy or bodywork. The standards shall prohibit a certificate holder from having sexual contact or sexual intercourse with a client.
(b) Criteria for approving a training program for purposes of s. 460.05 (1) (e) 1. Rules promulgated under this paragraph shall require the training program to consist of at least 600 classroom hours.
(c) Requirements and procedures for obtaining the informed consent of a client under s. 460.11 (1) and for making a report required under s. 460.12 (1)
(d) A definition of "sexually oriented business" for purposes of s. 460.11 (3)
(e) A requirement that an applicant for a certificate under this chapter submit evidence satisfactory to the department that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.
(3) In addition to any other procedure under ch. 227 relating to the promulgation of rules, when promulgating a rule under this chapter, other than an emergency rule under s. 227.24, the department shall do all of the following:
(a) Submit the proposed rule to the massage therapy and bodywork council at least 60 days before the proposed rule is submitted to the legislative council staff under s. 227.15 (1)
(b) Consider any comments on a proposed rule made by the council, if the council submits the comments to the department within 30 days after a public hearing on the proposed rule under s. 227.18 or, if no hearing is held, within 30 days after the proposed rule is published under s. 227.16 (2) (e)
(c) Include, in the report submitted to the legislature under s. 227.19 (2), any comments on the proposed rule submitted by the council under par. (b) and the departments responses to those comments.
(4) When promulgating emergency rules under s. 227.24, the department shall provide a copy of the rules to the council prior to publication of the rules in the official state newspaper.
460.11. Practice requirements.
(1) A certificate holder may not practice massage therapy or bodywork on a client unless the certificate holder first obtains the informed consent of the client and has informed the client that heor she may withdraw the consent at any time.
(2) A certificate holder shall keep confidential any information that a client in confidence gives to the certificate holder and any other information that the certificate holder obtains about a client in the course of practicing massage therapy or bodywork that a reasonable person in the clients position would want kept confidential, unless the information is otherwise required by law to be disclosed or the client specifically authorizes the disclosure of the information.
(3) A certificate holder may not, whether for compensation or not, practice massage therapy or bodywork for a sexually oriented business, as defined by the department by rule