Wisconsin Statutes 948.14 – Registered sex offender and photographing minors
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class I felony | up to 3 years 6 months | up to $10,000 |
Terms Used In Wisconsin Statutes 948.14
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Captures a representation” has the meaning given in s. 942.09 (1) (a).
(b) “Minor” means an individual who is under 17 years of age.
(c) “Representation” has the meaning giving in s. 942.09 (1) (c).
(d) “Sex offender” means a person who is required to register under s. 301.45.
(2) Prohibition.
(a) A sex offender may not intentionally capture a representation of any minor without the written consent of the minor’s parent, legal custodian, or guardian. The written consent required under this paragraph shall state that the person seeking the consent is required to register as a sex offender with the department of corrections.
(b) Paragraph (a) does not apply to a sex offender who is capturing a representation of a minor if the sex offender is the minor’s parent, legal custodian, or guardian.
(3) Penalty. Whoever violates sub. (2) is guilty of a Class I felony.
948.14 Note NOTE: The Court of Appeals in State v. Oatman, 2015 WI App 76, concluded that this section is overbroad on its face and invalid in its entirety.