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Law / United States / Wisconsin

2023 Wisconsin Act 224, Possession of Virtual Child Pornography

Wis. Stat. § 948.125

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not receive, distribute, produce, possess, or access with intent to view obscene material containing a depiction of a purported child engaging in sexually explicit conduct, if you know or reasonably should know it contains such a depiction.
  • This reaches material generated wholly or partly by artificial intelligence with no actual child involved; the depiction needs only to appear to depict an actual child.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Except where the actor is under 18 years of age when the offense occurs, a violation is a Class D felony (fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both, under Wis. Stat. § 939.50(3)(d)); where the actor is under 18, it is a Class I felony instead (fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both, under Wis. Stat. § 939.50(3)(i)).

Penalty structure

The $100,000 figure is the maximum fine for the general Class D felony tier under Wis. Stat. § 939.50(3)(d), which also carries imprisonment up to 25 years. Where the actor was under 18 years of age at the time of the offense, the ceiling is instead the Class I felony amount, a $10,000 fine or imprisonment up to 3 years and 6 months, or both.

Rule
Fixed only
As of
Currency
USD
Fixed cap
100,000

What it makes you log

Logging duty

Section 948.125 criminalizes receiving, distributing, producing, or possessing obscene material depicting a purported child, whether or not an actual child is shown. It imposes no duty to create, keep, or produce a log or record of any kind.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Whoever receives, distributes, produces, or possesses, or accesses in any way with the intent to view, obscene material that contains a depiction of a purported child engaging in sexually explicit conduct is guilty of a felony, if the person knows or reasonably should know that the material contains such a depiction.

"Depiction of a purported child" is defined as a visual representation that appears to depict an actual child but may or may not depict an actual child, and "obscene material" is defined to include a digital or computer-generated image or picture satisfying the standard Miller obscenity test (appeals to the prurient interest, is patently offensive under contemporary community standards, and lacks serious literary, artistic, political, educational, or scientific value).

Because the depiction need not show a real child, this reaches wholly computer-generated or AI-generated child sexual abuse material with no actual child involved. Created by 2023 Wisconsin Act 224 (2023 Senate Bill 314), enacted and published ; because the act does not itself prescribe an effective date, it took effect the day after its publication, , under the state's general rule for acts enacted without an emergency clause.

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI or publishes adult content.

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