Wisconsin Statutory Elements
Chapter 942 Crimes Against Reputation, Privacy, and Civil Liberties
The Wisconsin Statutory Elements is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. This information on this page is edited and arranged by the Wisconsin Court System's Office of Judicial Education. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.
Table of contents
- § 942.01 Defamation
- § 942.08(2)(a) Invasion of privacy: use of a surveillance device
- § 942.08(2)(d) Invasion of privacy: looking into a dwelling unit
- § 942.08(3) Invasion of privacy: use of a device to view under the outer clothing of an individual
- § 942.09(2)(am)1 Representations depicting nudity
- § 942.09(2)(am)4 Representation depicting nudity - synthetic intimate representation
- § 942.09(3m)(a)1 Publishing a private representation depicting nudity without consent
- § 942.09(3m)(a)2 Publishing a depiction that is known to be a private representation of nudity without consent
- § 942.09(3m)(a)3 Making a reproduction of a private representation without consent
- § 942.09(4)(a)1 Soliciting an intimate or private representation from a child
§ 942.01 Defamation
Summary
To be guilty of this offense, the prosecution must prove that the defendant was a person who, with intent to defame, communicated any defamatory matter to a third person without the consent of the person defamed.
Elements of the Offense
- Intent: The defendant must have the intent to defame another person.
- Communication of Defamatory Matter: The defendant must communicate defamatory matter to a third person.
- Without Consent: The communication must be made without the consent of the person defamed.
(Subsection 4)
- Oral Communication: Two other persons heard and understood the oral statement as defamatory.
Jury Instruction
§ 942.08(2)(a) Invasion of privacy: use of a surveillance device
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly installed a surveillance device in any private place or used a surveillance device that had been installed in a private place with the intent to observe any nude or partially nude person without the consent of the person observed.
Elements of the Offense
- Knowingly Installs or Uses a Surveillance Device: The defendant must either knowingly install a surveillance device in any private place, or use a surveillance device that has been installed in a private place.
- Intent to Observe: The defendant must have the intent to observe any nude or partially nude person.
- Without Consent: The observation must be done without the consent of the person being observed.
Jury Instruction
§ 942.08(2)(d) Invasion of privacy: looking into a dwelling unit
Summary
To be found guilty of this offense, the prosecution must prove that the defendant entered private property or a common area of a multiunit dwelling or condominium without consent and looked into another person’s dwelling unit under specific circumstances involving intent and privacy.
Elements of the Offense
- Unlawful Entry: The defendant must either:
- Enter another person’s private property without that person’s consent, or
- Enter an enclosed or unenclosed common area of a multiunit dwelling or condominium.
- Looking into a Dwelling Unit: The defendant must look into any individual’s dwelling unit.
- Purpose: The defendant must have acted for the purpose of sexual arousal or gratification.
- Intent: The defendant must have acted with the intent to intrude upon or interfere with the individual’s privacy.
- Presence of an Individual: The defendant must have looked into a part of the dwelling unit where another person was present.
- Reasonable Expectation of Privacy: The part of the dwelling unit being observed was a place where the individual had a reasonable expectation of privacy.
- Lack of Consent: The individual being observed did not consent to the act of looking into that part of the dwelling unit.
Jury Instruction
§ 942.08(3) Invasion of privacy: use of a device to view under the outer clothing of an individual
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly installed or used any device, instrument, mechanism, or contrivance to intentionally view, broadcast, or record under the outer clothing of an individual the individual’s genitals, pubic area, breasts, or buttocks, including those covered by undergarments, or to intentionally view, broadcast, or record a body part of an individual that is not otherwise visible, without that individual’s consent.
Elements of the Offense
- Knowingly Installs or Uses a Device: The defendant must knowingly install or use any device, instrument, mechanism, or contrivance.
- Intent: The defendant must intentionally view, broadcast, or record:
- Under the outer clothing of an individual, the individual’s genitals, pubic area, breasts, or buttocks, including those covered by undergarments, or
- A body part of an individual that is not otherwise visible.
- Without Consent: The act must be done without the individual’s consent.
- Knowledge: The defendant must know that the victim did not consent to the installation or use of the device, instrument, mechanism, or contrivance.*
Jury Instruction
* The requirement that the defendant know there is no consent is based on the definition of “intentionally” in § 939.23(3): “. . . the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word intentionally.”
§ 942.09(2)(am)1 Representations depicting nudity
Summary
To be guilty of this offense, the prosecution must prove that the defendant captured an intimate representation of another person without that person’s consent, under circumstances where the person depicted had a reasonable expectation of privacy, and that the defendant knew or had reason to know that the person depicted did not consent to the capture of the intimate representation.
Elements of the Offense
- Captures an Intimate Representation: The defendant must capture an intimate representation of another person.
- Without Consent: The capture must be without the consent of the person depicted.
- Reasonable Expectation of Privacy: The person depicted must be under circumstances in which he or she has a reasonable expectation of privacy.
- Knowledge: The defendant must know or have reason to know that the person depicted does not consent to the capture of the intimate representation.
Jury Instruction
§ 942.09(2)(am)4 Representation depicting nudity - synthetic intimate representation
Summary
To be guilty of this offense, the prosecution must prove that the defendant posted, published, distributed, or exhibited a synthetic intimate representation of an identifiable person and acted with intent to coerce, harass, or intimidate that person.
Elements of the Offense
- Posts, Publishes, Distributes, or Exhibits a Synthetic Intimate Representation: The defendant posted, published, distributed, or exhibited a synthetic intimate representation.*
- Identifiable Person: The person depicted in the synthetic intimate representation was identifiable as the alleged victim.
- Intent to Coerce, Harass, or Intimidate: The defendant acted with intent to coerce, harass, or intimidate the person depicted.
Jury Instruction
* Under § 942.09(1)(e), a “synthetic intimate representation” means a representation generated using technological means that:
- uses an identifiable person’s face, likeness, or other distinguishing characteristic to depict an intimate representation of that person;
- may include artificial, legally generated, or generally accessible components; and
- is so realistic that a reasonable person would believe it depicts conduct of the identifiable person.
“Intimate representation” means any of the following:
- a representation of a nude or partially nude person;
- a representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public;
- a representation of a person urinating, defecating, or using a feminine hygiene product; or
- a representation of a person engaged in sexual intercourse or sexual contact.
Wis JI–Criminal 1396A provides an additional special-verdict question when the offense is charged as a Class H felony and there is evidence that the person depicted had not attained the age of 18 at the time of the offense. The victim’s age is not an element of the basic offense, but it must be proved beyond a reasonable doubt for the enhanced penalty.
§ 942.09(3m)(a)1 Publishing a private representation depicting nudity without consent
Summary
To be guilty of this offense, the prosecution must prove that the defendant posted, published, or caused to be posted or published a private representation and knew that the person depicted did not consent to the posting or publication of the private representation.
Elements of the Offense
- Posting or Publishing a Private Representation: The defendant did one of the following:
- posted or published a private representation; or
- caused a private representation to be posted or published.*
- Knowledge of Lack of Consent: The defendant knew that the person depicted did not consent to the posting or publication of the private representation.
Jury Instruction
* “Private representation” means a representation depicting a nude or partially nude person or a person engaging in sexually explicit conduct that the person depicted intended to be captured, viewed, or possessed only by:
- the person who captured it with the depicted person’s consent; or
- a person to whom the depicted person directly and intentionally gave possession of it.
§ 942.09(3m)(a)2 Publishing a depiction that is known to be a private representation of nudity without consent
Summary
To be guilty of this offense, the prosecution must prove that the defendant posted, published, or caused to be posted or published a depiction of a person; that the defendant knew the depiction was a private representation; and that the person depicted did not consent to its posting or publication.
Elements of the Offense
- Posting or Publishing a Depiction of a Person: The defendant did one of the following:
- posted or published a depiction of a person; or
- caused a depiction of a person to be posted or published.
- Knowledge That the Depiction Was a Private Representation: The defendant knew that the depiction was a private representation.*
- Lack of Consent: The person depicted did not consent to the posting or publication of the private representation.
Jury Instruction
* “Private representation” means a representation depicting a nude or partially nude person or a person engaging in sexually explicit conduct that the person depicted intended to be captured, viewed, or possessed only by:
- the person who captured it with the depicted person’s consent; or
- a person to whom the depicted person directly and intentionally gave possession of it.
§ 942.09(3m)(a)3 Making a reproduction of a private representation without consent
Summary
To be guilty of this offense, the prosecution must prove that the defendant made a reproduction of a private representation and knew that the person depicted in the reproduction did not consent to the making of the reproduction.
Elements of the Offense
- Making a Reproduction of a Private Representation: The defendant made a reproduction of a private representation.*
- Knowledge of Lack of Consent: The defendant knew that the person depicted in the reproduction did not consent to the making of the reproduction.
Jury Instruction
* “Private representation” means a representation depicting a nude or partially nude person or a person engaging in sexually explicit conduct that the person depicted intended to be captured, viewed, or possessed only by:
- the person who captured it with the depicted person’s consent; or
- a person to whom the depicted person directly and intentionally gave possession of it.
§ 942.09(4)(a)1 Soliciting an intimate or private representation from a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant solicited an intimate or private representation from another person, and that the defendant believed or had reason to believe that the person from whom the representation was solicited had not attained the age of 18 years.
Elements of the Offense
- Solicits an Intimate or Private Representation: The defendant must solicit an intimate or private representation.
- Belief Regarding Age: The defendant must believe or have reason to believe that the person from whom the intimate or private representation is solicited has not attained the age of 18 years.
Jury Instruction
Updated July 2026