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Representations Depicting Nudity, § 942.09(2)(am)1 – Elements, Generally

State v. Mark T. Jahnke, 2009 WI App 4
For Jahnke: Harold L. Harlowe; Michael J. Herbert


¶5        Jahnke entered a plea to the recording crime defined in Wis. Stat. § 942.09(2)(am)1. That crime has four elements:

(1)        the defendant recorded a person in the nude;(2)        the recording is without the nude person’s knowledge and consent;

(3)        the depicted person was nude in a circumstance in which he or she had a “reasonable expectation of privacy”; and

(4)        the defendant knew or had reason to know that the nude person did not know of and did not consent to the recording.

State v. Nelson, 2006 WI App 124, ¶14, 294 Wis. 2d 578, 718 N.W.2d 168;see also Wis JI—Criminal 1396. [4]


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