Wisconsin · Assembly Bill · 2025–2026 Regular Session
AB33
Wisconsin Assembly Bill 33 — An Act to create 942.09 (1) (e), 942.09 (2) (am) 4. and 942.09 (3m) (a) 3. of the statutes; relating to: representations depicting nudity and providing a penalty

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Criminal enforcement. Posting, publishing, distributing, or exhibiting a synthetic intimate representation with intent to coerce, harass, or intimidate is a Class I felony, prosecuted by district attorneys. Reproducing a private representation without consent is a Class A misdemeanor. No designated civil enforcement authority or private right of action is created by this bill.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Criminal penalties only. A Class I felony carries a maximum fine of $10,000 and up to 3.5 years imprisonment under Wis. Stat. § 939.50(3)(i). A Class A misdemeanor carries a maximum fine of $10,000 and up to 9 months imprisonment under Wis. Stat. § 939.51(3)(a). No civil damages or remedies are created by this bill.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Wis. Stat. § 942.09(1)(e)
Definition of synthetic intimate representation

(1)(e) "Synthetic intimate representationSynthetic intimate representation"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, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible.Wis. Stat. § 942.09(1)(e)" 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, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible.

This provision adds a new defined term — synthetic intimate representation — to Wisconsin's existing nudity-depiction criminal statute. The definition is technology-neutral, covering any representation generated using technological means (including but not limited to AI) that grafts an identifiable person's face, likeness, or distinguishing characteristics onto an intimate depiction. The definition is broad: it applies regardless of whether any components of the representation are artificial, legally generated, or generally accessible.

Wis. Stat. § 942.09(2)(am)4.
Felony prohibition on distributing synthetic intimate representations
Publisher

(2)(am)4. 1 Posts, publishes, distributes, or exhibits a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate that person.

This provision creates the bill's core criminal prohibition. It makes it a Class I felony to post, publish, distribute, or exhibit a synthetic intimate representation of an identifiable person with the intent to coerce, harass, or intimidate that person. The intent element is required — mere creation or possession of a synthetic intimate representation is not criminalized. The provision slots into the existing felony framework of § 942.09(2)(am), which already criminalizes non-consensual capture and distribution of intimate representations.

Compliance actions 1 item
1
No person may post, publish, distribute, or exhibit a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate that person. Violation is a Class I felony.
CP-02.2
Wis. Stat. § 942.09(3m)(a)3.
Misdemeanor prohibition on reproducing private representations without consent
Publisher

(3m)(a)3. 2 Makes a reproduction of a private representation, if the person depicted in the reproduction did not consent to the making of the reproduction.

This provision extends Wisconsin's existing Class A misdemeanor for non-consensual distribution of private representations (the state's revenge-porn statute) to cover reproduction of such representations. Under existing law, publishing or posting a private representation without consent was already criminal; this provision closes the gap by criminalizing the act of making a reproduction itself, even before distribution, if done without the depicted person's consent. This provision is not specific to AI-generated content — it applies to any reproduction method.

Compliance actions 1 item
2
No person may make a reproduction of a private representation without the consent of the person depicted. Violation is a Class A misdemeanor.
CP-02.1

Passage Likelihood

Failed
Status Failed
Final action Failed to pass pursuant to Senate Joint Resolution 1

Legislative History

2025-02-17 Introduced
2025-02-17 Read first time and referred to Committee on Science, Technology, and AI
2025-03-12 Assembly Amendment 1 offered by Representative B. Jacobson
2025-05-06 Assembly Amendment 2 offered by Representative B. Jacobson
2025-05-07 Public hearing held
2025-05-09 Representative Prado added as a coauthor
2025-05-15 Senator Ratcliff added as a cosponsor
2025-06-04 Executive action taken
2025-06-06 Report Assembly Amendment 1 adoption recommended by Committee on Science, Technology, and AI, Ayes 6, Noes 0
2025-06-06 Report Assembly Amendment 2 adoption recommended by Committee on Science, Technology, and AI, Ayes 6, Noes 0
2025-06-06 Report passage as amended recommended by Committee on Science, Technology, and AI, Ayes 5, Noes 1
2025-06-06 Referred to committee on Rules
2025-09-05 Representative O'Connor added as a coauthor
2025-09-09 Withdrawn from Committee on Rules and referred to calendar of 9-11-2025
2025-09-09 Representative J. Jacobson added as a coauthor
2025-09-11 Representative Stubbs added as a coauthor
2025-09-11 Laid on the table
2026-03-23 Failed to pass pursuant to Senate Joint Resolution 1

Entry Last Reviewed

2026-05-19
AI generated