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) 942.085 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). (1) 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) 1 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 Wisconsin's new deepfake criminal offense. It defines synthetic digital representation as a technologically generated or altered visual or audio representation that uses an individual's recognizable personal characteristic, would appear authentic to a reasonable observer, and was created without the depicted individual's consent. Two tiers of criminal liability apply: 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 undertaken for monetary gain.
The statute includes five carve-outs: technology providers and developers, interactive computer services and telecommunications providers receiving third-party content (consistent with 47 USC § 230), persons distributing newsworthy or publicly important content, persons who label synthetic content with prescribed AI-disclosure language (format-specific requirements for image, video, and audio), and law enforcement officers acting in their official duties. The labeling safe harbor is notable — it effectively creates an affirmative defense for anyone who applies the prescribed disclosure, regardless of intent.
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 activity definition to include felony violations of the new synthetic digital representation statute (§ 942.085). This means that a pattern of Class I felony deepfake offenses — creation and distribution of synthetic digital representations for monetary gain — can support a racketeering prosecution under Wisconsin's organized crime chapter. The amendment integrates deepfake fraud into the existing racketeering enforcement framework.
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 add conduct prohibited under the new § 942.085 (synthetic digital representations) to the list of acts constituting an invasion of privacy. This enables civil privacy claims for deepfake victims regardless of whether a criminal prosecution has occurred and regardless of the outcome of any criminal action. By integrating deepfake conduct into the existing privacy tort framework, victims gain access to civil remedies beyond criminal prosecution.