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Wisconsin Statutory Elements and Consequences

Chapter 942 Crimes Against Reputation, Privacy, and Civil Liberties

The Wisconsin Statutory Elements and Consequences 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. 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 

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

  1. Intent: The defendant must have the intent to defame another person.
  2. Communication of Defamatory Matter: The defendant must communicate defamatory matter to a third person.
  3. Without Consent: The communication must be made without the consent of the person defamed.

 (Subsection 4)

  1. Oral Communication: Two other persons heard and understood the oral statement as defamatory.

Jury Instruction

Wis JI-Criminal 1380

 

§ 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

  1. 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.
  2. Intent to Observe: The defendant must have the intent to observe any nude or partially nude person.
  3. Without Consent: The observation must be done without the consent of the person being observed.

Jury Instruction

Wis JI-Criminal 1392

 

§ 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

  1. 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.
  2. Looking into a Dwelling Unit: The defendant must look into any individual’s dwelling unit.
  3. Purpose: The defendant must have acted for the purpose of sexual arousal or gratification.
  4. Intent: The defendant must have acted with the intent to intrude upon or interfere with the individual’s privacy.
  5. Presence of an Individual: The defendant must have looked into a part of the dwelling unit where another person was present.
  6. Reasonable Expectation of Privacy: The part of the dwelling unit being observed was a place where the individual had a reasonable expectation of privacy.
  7. Lack of Consent: The individual being observed did not consent to the act of looking into that part of the dwelling unit.

Jury Instruction

Wis JI-Criminal 1395

 

§ 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

  1. Knowingly Installs or Uses a Device: The defendant must knowingly install or use any device, instrument, mechanism, or contrivance.
  2. 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.
  3. Without Consent: The act must be done without the individual’s consent.
  4. 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

Wis JI-Criminal 1395A

* 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

  1. Captures an Intimate Representation: The defendant must capture an intimate representation of another person.
  2. Without Consent: The capture must be without the consent of the person depicted.
  3. Reasonable Expectation of Privacy: The person depicted must be under circumstances in which he or she has a reasonable expectation of privacy.
  4. 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

Wis JI-Criminal 1396

 

§ 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, knowing that the person depicted did not consent to the posting or publication of the private representation.

Elements of the Offense

  1. Posts or Publishes: The defendant must engage in one or more of the following actions:
    • Post a private representation.
    • Publish a private representation.
    • Cause a private representation to be posted or published.
  2. Private Representation: The representation in question must be a private representation.
  3. Without Consent: The posting or publication must be done without the consent of the person depicted.
  4. Knowledge: The defendant must know that the person depicted does not consent to the posting or publication of the private representation.

Jury Instruction

Wis JI-Criminal 1398A

 

§ 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 was a private representation, without the consent of the person depicted.

Elements of the Offense

  1. Posts or Publishes: The defendant must engage in one or more of the following actions:
    1. Post a private representation.
    2. Publish a private representation.
    3. Cause a private representation to be posted or published.
  2. Knowledge: The defendant must know that the depiction is a private representation.
  3. Without Consent: The posting or publication must be done without the consent of the person depicted.

Jury Instruction

Wis JI-Criminal 1398B

 

§ 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

  1. Solicits an Intimate or Private Representation: The defendant must solicit an intimate or private representation.
  2. 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

Wis JI-Criminal 1399

 

Updated January 2025

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