The Village adopts § 942.09, Wis. Stats., Representations
depicting nudity.
As used in this article, the following terms shall have the
meanings indicated:
HARMFUL TO MINORS
Any reproduction, imitation, characterization, description,
exhibition, presentation, or representation, of whatever kind or form,
depicting nudity, sexual conduct, or sexual excitement when it:
A.
Predominantly appeals to a prurient, shameful, or morbid interest;
B.
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
C.
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. A mother's breastfeeding
of her baby does not under any circumstance constitute "nudity," irrespective
of whether or not the nipple is covered during or incidental to feeding.
A minor commits the offense of sexting by knowingly:
A. Transmission. Using any device capable of electronic data transmission
to transmit an intimate or private representation to another.
B. Possession. Possessing an intimate or private representation that
was transmitted or distributed by another minor.
(1) A minor does not violate this subsection if all of the following
apply:
(a)
The minor did not solicit the intimate or private representation.
(b)
The minor took reasonable steps to report the representation
to a school or law enforcement official.
(c)
The minor did not re-transmit the representation to a third
party other than a law enforcement official.
C. Solicitation. Solicits the transmission or distribution of an intimate
or private representation of another minor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Anyone who violates any of the provisions of this article shall be punishable as set forth in §
1-3, General penalty, of the Code. If any forfeiture and costs are not paid, such person so convicted shall be subject to any civil penalties or other penalties available by law.