WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
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.
(1)(a)–(c) In this section: (a) "Recognizable personal characteristicRecognizable personal characteristic"Recognizable personal characteristic" means an individual's face, likeness, voice, or other identifiable, unique characteristic that, alone, is sufficient to clearly identify the individual.Wis. Stat. § 942.085(1)(a)" means an individual's face, likeness, voice, or other identifiable, unique characteristic that, alone, is sufficient to clearly identify the individual. (b) "RepresentationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b)" has the meaning given in s. 942.09 (1) (c). (c) "Synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c)" means a representationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b) to which all of the following apply, regardless of whether the representationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b) includes components that are artificial, legally generated, or generally accessible: 1. The representationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b) is generated, altered, or otherwise manipulated using technological means. 2. The representationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b) uses an individual's recognizable personal characteristicRecognizable personal characteristic"Recognizable personal characteristic" means an individual's face, likeness, voice, or other identifiable, unique characteristic that, alone, is sufficient to clearly identify the individual.Wis. Stat. § 942.085(1)(a). 3. The representationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b) would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b) was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representationRepresentation"Representation" has the meaning given in s. 942.09 (1) (c).Wis. Stat. § 942.085(1)(b).
(2)(a) 1 Except as provided in par. (b), whoever creates and posts, publishes, distributes, or exhibits a synthetic digital representation of an individual with intent to coerce, harass, or intimidate any individual is guilty of a Class A misdemeanor.
(2)(b) 2 Whoever creates and posts, publishes, distributes, or exhibits a synthetic digital representation of an individual with intent to defraud, coerce, or intimidate any individual for monetary gain is guilty of a Class I felony.
(3)(a)–(e) 1 Subsection (2) does not apply to any of the following: (a) A provider or developer of any technology used in the creation of the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c). (b) A provider of an interactive computer service, as defined in 47 USC 230 (f) (2), or to an information service, as defined in 47 USC 153 (24), or telecommunications service, as defined in 47 USC 153 (53), if the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c) is provided to the interactive computer service, information service, or telecommunications service by a 3rd party. (c) A person who publishes, distributes, or exhibits a synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c) that is newsworthy or of public importance. (d) A person who took action to notify viewers or listeners of the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c) that the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c) was not genuine in any of the following ways: 1. If the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c) is in image format, it includes in writing that is readable, legible, and readily accessible the words "This content generated by AI." 2. If the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c) is in video format with or without audio, it includes throughout the duration of the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c), in writing that is readable, legible, and readily accessible, the words "This content generated by AI." 3. If the synthetic digital representationSynthetic digital representation"Synthetic digital representation" means a representation to which all of the following apply, regardless of whether the representation includes components that are artificial, legally generated, or generally accessible: 1. The representation is generated, altered, or otherwise manipulated using technological means. 2. The representation uses an individual's recognizable personal characteristic. 3. The representation would appear to a reasonable observer to be an authentic representation of an individual's speech, conduct, or likeness. 4. The representation was generated, altered, or otherwise manipulated without the consent of the individual depicted in the representation.Wis. Stat. § 942.085(1)(c) is in audio format, it includes both at the beginning and at the end the words "This content generated by AI." (e) A law enforcement officer engaged in their official duties.
This section creates a new criminal offense for creating and distributing synthetic digital representations (deepfakes) of identifiable individuals without their consent. The offense is tiered: a Class A misdemeanor for creation and distribution with intent to coerce, harass, or intimidate, and a Class I felony when the same conduct is committed with intent to defraud, coerce, or intimidate for monetary gain.
The section provides five categories of exceptions: technology providers and developers, interactive computer services and telecommunications providers hosting third-party content, persons distributing newsworthy or publicly important content, persons who label content with prescribed AI-generated disclosure language, and law enforcement officers acting in official duties. The labeling safe harbor specifies exact disclosure text and placement requirements varying by format — images, video, and audio.
946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49, 134.05, 139.44 (1), (2m), and (8), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 940.60 (3), 940.61, 940.62, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.085, 942.09, 942.095, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (2) and (3), 943.231 (1), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.825, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 947.016 (1) or (2), 948.05, 948.051, 948.08, 948.12, 948.125, and 948.30 and s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.20, 2023 stats., s. 940.201, 2023 stats., and s. 940.203, 2023 stats.
This section amends Wisconsin's racketeering statute to add the new § 942.085 felony offense (synthetic digital representations for monetary gain) to the list of predicate offenses that can support a racketeering prosecution under Wisconsin's organized crime statute. This is a conforming amendment that extends the enforcement reach of the new deepfake criminal offense but creates no independent compliance obligation.
995.50 (2) (am) 4. Conduct that is prohibited under s. 942.085, 942.09, or 942.095, regardless of whether there has been a criminal action related to the conduct, and regardless of the outcome of the criminal action, if there has been a criminal action related to the conduct.
This section amends Wisconsin's invasion-of-privacy statute to include conduct prohibited under the new § 942.085 as a recognized form of invasion of privacy, regardless of whether a criminal action has been brought or its outcome. This conforming amendment potentially enables civil tort claims based on the new deepfake offense under Wisconsin's existing privacy tort framework, but creates no independent compliance obligation.