LRB-4047/1

CMH : jld

2017 - 2018 LEGISLATURE

October 27, 2017 - Introduced by Representatives Kulp , Quinn , Tittl , Kolste ,

Berceau , Subeck , Neylon , Spreitzer and Spiros , cosponsored by Senators

Bewley and Olsen . Referred to Committee on Criminal Justice and Public

Safety.

AB603,1,3 1 An Act to amend 947.0125 (2); and to create 947.0125 (4) of the statutes;

2 relating to: impersonation of another on social media and providing criminal

3 penalties. 947.0125 (2); and947.0125 (4) of the statutes;

Analysis by the Legislative Reference Bureau

Under this bill, an individual is guilty of a Class B misdemeanor if he or she

impersonates another in an email or on a social network or other social media

(commonly known as “catfishing”) with the intent to frighten, intimidate, harm,

threaten, abuse, harass, defraud, or obtain a benefit if a reasonable person would

believe that the impersonator was the individual being impersonated.

The people of the state of Wisconsin, represented in senate and assembly, do

enact as follows:

AB603,1 4 Section 1 . 947.0125 (2) of the statutes is amended to read: 947.0125 (2) of the statutes is amended to read:

AB603,1,7 5 947.0125 (2) Whoever , with the intent to frighten, intimidate, harm, threaten,

6 abuse, harass, defraud, or obtain a benefit, does any of the following is guilty of a

7 Class B misdemeanor: 947.0125Whoeverdoes any of the following is guilty of aClass B misdemeanor:

AB603,2,4 1 (a) With intent to frighten, intimidate, threaten, abuse or harass another

2 person, Posts or sends a message to the a person on an electronic mail or other

3 computerized communication system and in that message threatens to inflict injury

4 or physical harm to any person or the property of any person. (a)sends a message toperson on an electronic mail or othercomputerized communication system and in that message threatens to inflict injuryor physical harm to any person or the property of any person.

AB603,2,9 5 (b) With intent to frighten, intimidate, threaten, abuse or harass another

6 person, Posts or sends a message on an electronic mail or other computerized

7 communication system with the reasonable expectation that the a person will receive

8 the message and in that message threatens to inflict injury or physical harm to any

9 person or the property of any person. (b)sends a message on an electronic mail or other computerizedcommunication system with the reasonable expectation thatperson will receivethe message and in that message threatens to inflict injury or physical harm to anyperson or the property of any person.

AB603,2,13 10 (c) With intent to frighten, intimidate, threaten or abuse another person, Posts

11 or sends a message to the a person on an electronic mail or other computerized

12 communication system and in that message uses any obscene, lewd or profane

13 language or suggests any lewd or lascivious act. (c)sends a message toperson on an electronic mail or other computerizedcommunication system and in that message uses any obscene, lewd or profanelanguage or suggests any lewd or lascivious act.

AB603,2,18 14 (d) With intent to frighten, intimidate, threaten or abuse another person, Posts

15 or sends a message on an electronic mail or other computerized communication

16 system with the reasonable expectation that the a person will receive the message

17 and in that message uses any obscene, lewd or profane language or suggests any lewd

18 or lascivious act. (d)sends a message on an electronic mail or other computerized communicationsystem with the reasonable expectation thatperson will receive the messageand in that message uses any obscene, lewd or profane language or suggests any lewdor lascivious act.

AB603,2,22 19 (e) With intent to frighten, intimidate, threaten or abuse another person, Posts

20 or sends a message to the a person on an electronic mail or other computerized

21 communication system while intentionally preventing or attempting to prevent the

22 disclosure of his or her own identity. (e)sends a message toperson on an electronic mail or other computerizedcommunication system while intentionally preventing or attempting to prevent thedisclosure of his or her own identity.

AB603,3,2 23 (f) While intentionally preventing or attempting to prevent the disclosure of his

24 or her identity and with intent to frighten, intimidate, threaten or abuse another

25 person, , posts or sends a message on an electronic mail or other computerized

1 communication system with the reasonable expectation that the a person will receive

2 the message. (f) While intentionally preventing or attempting to prevent the disclosure of hisor her identitysends a message on an electronic mail or other computerizedcommunication system with the reasonable expectation thatperson will receivethe message.

AB603,2 3 Section 2 . 947.0125 (4) of the statutes is created to read: 947.0125 (4) of the statutes is created to read:

AB603,3,11 4 947.0125 (4) (a) Whoever, with intent to frighten, intimidate, harm, threaten,

5 abuse, harass, defraud, or obtain a benefit, uses a name, voice, signature,

6 photograph, or other likeness that does not belong to him or her to post or message

7 on social media, on a social network, or in a message sent on an electronic mail or

8 other computerized communication system, regardless of whether the name, voice,

9 signature, photograph, or other likeness belongs to an actual person, if a reasonable

10 person would believe that the actor is the other person, is guilty of a Class B

11 misdemeanor. 947.0125(a)Whoever, with intent to frighten, intimidate, harm, threaten,abuse, harass, defraud, or obtain a benefit, uses a name, voice, signature,photograph, or other likeness that does not belong to him or her to post or messageon social media, on a social network, or in a message sent on an electronic mail orother computerized communication system, regardless of whether the name, voice,signature, photograph, or other likeness belongs to an actual person, if a reasonableperson would believe that the actor is the other person, is guilty of a Class Bmisdemeanor.

AB603,3,14 12 (b) Paragraph (a) does not apply if the person being impersonated under par.

13 (a) is an actual person who has given consent to be impersonated or, in the case of

14 a minor being impersonated, if the minor's parent or guardian has given consent. (b) Paragraph (a) does not apply if the person being impersonated under par.(a) is an actual person who has given consent to be impersonated or, in the case ofa minor being impersonated, if the minor's parent or guardian has given consent.