Your Legal Rights as an NCII Victim in Wisconsin

Wisconsin NCII Law Overview

Applicable statute: Wisconsin Statutes § 942.09 (Representations Depicting Nudity)

Criminal penalty: Class A misdemeanor (up to 9 months in jail and $10,000 fine); Class I felony for subsequent offenses

Civil remedies: injunctive relief and actual damages available

Wisconsin's § 942.09 covers representations depicting nudity that are disseminated without consent with the intent to cause bodily harm or harass. Wisconsin courts have interpreted the harassment intent standard broadly to cover the most common NCII scenarios. The significant $10,000 fine available even for misdemeanor offenses provides meaningful deterrence.

Your Rights in Wisconsin

• Right to 48-hour removal under the TAKE IT DOWN Act
• Right to file a criminal complaint
• Right to civil injunctive relief and damages
• Right to enhanced felony protection for repeat violations

How to File in Wisconsin

File a police report with local law enforcement or the Wisconsin Department of Justice. Civil claims are filed in Circuit Court.

Local Support Resources

• Wisconsin Coalition Against Sexual Assault, wcasa.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to Wisconsin state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.