Wisconsin
Wisconsin Voyeurism and Hidden Camera Laws: Privacy Crimes and Penalties (2026)
Wisconsin law prohibits capturing or distributing intimate images without consent under Wis. Stat. 942.09, and bans using surveillance devices to observe people in private places under Wis. Stat. 942.08. Penalties range from a Class A misdemeanor for unlawful observation to a Class H felony when the victim is a minor.
Wisconsin takes voyeurism and hidden camera offenses seriously, with two primary statutes addressing different aspects of visual privacy violations. Wis. Stat. 942.08 covers invasion of privacy through surveillance in private places, while Wis. Stat. 942.09 specifically targets the capture and distribution of intimate images without consent.
This guide explains both statutes in detail, breaks down the penalties for each type of violation, and covers related issues like hidden cameras in rental properties, non-consensual pornography, and the civil remedies available to victims.
Invasion of Privacy: Wis. Stat. 942.08
What the Statute Prohibits
Wis. Stat. 942.08 defines several types of privacy violations related to observation and surveillance. Under this statute, it is illegal to:
- Knowingly observe another person without that person's consent in a place where the person has a reasonable expectation of privacy, by using a surveillance device
- Knowingly install a surveillance device in any place where a person may reasonably be expected to undress, use the toilet, bathe, or engage in sexual activity, without the consent of each person entitled to privacy in that place
- Knowingly observe a person without consent for the purpose of sexual arousal or gratification in a place where the person has a reasonable expectation of privacy
The statute defines a "surveillance device" as any device, instrument, apparatus, implement, mechanism, or contrivance used, designed to be used, or primarily intended to be used to observe the activities of a person. This includes cameras, video recorders, smartphones, drones, and any other device capable of capturing or transmitting images.
Definition of "Private Place"
Under Wis. Stat. 942.08(1)(b), a "private place" means a place where a reasonable person would expect to be safe from casual or hostile intrusion or surveillance. This definition is broad and is evaluated based on the circumstances. Courts have recognized the following as private places:
- Bathrooms and restrooms (including public restrooms in stalls)
- Bedrooms
- Hotel and motel rooms
- Locker rooms and changing rooms
- Fitting rooms in retail stores
- Medical examination rooms
- Any enclosed space where a person undresses
- A fenced backyard that is not visible from public areas
Penalties Under Wis. Stat. 942.08
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Observing with a surveillance device in a private place | Class A Misdemeanor | 9 months jail, $10,000 fine |
| Installing a surveillance device in a private place | Class A Misdemeanor | 9 months jail, $10,000 fine |
| Observing for sexual arousal/gratification | Class A Misdemeanor | 9 months jail, $10,000 fine |
| Second or subsequent offense | Enhanced penalties | Varies based on original classification |
Observation for the purpose of sexual arousal or gratification under Wis. Stat. 942.08(2)(b) or (c) is a Class A misdemeanor, the same as the other violations under sub. (2). The offense is elevated to a Class I felony only if the victim had not attained the age of 18 at the time of the violation, under Wis. Stat. 942.08(4).
Capturing Intimate Representations: Wis. Stat. 942.09
What the Statute Prohibits
Wis. Stat. 942.09 addresses a broader range of visual privacy violations focused on intimate body parts. This statute makes it illegal to:
- Capture a representation that depicts nudity without the knowledge and consent of the person depicted, if the person is in a place where they have a reasonable expectation of privacy
- Capture a representation of a person's intimate parts through means that allow viewing an area that would not otherwise be visible (such as "upskirting" or "downblousing"), regardless of location
- Distribute or exhibit a representation depicting nudity if the person depicted did not consent to the distribution, and if the distribution is done to cause harm, distress, or humiliation
- Possess intimate representations of minors (which overlaps with child pornography statutes)
Defining "Intimate Parts" and "Nudity"
The statute defines "intimate parts" as the naked genitals, pubic area, buttocks, or female breast of a person. "Nudity" means 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 below the top of the areola.
Penalties Under Wis. Stat. 942.09
Penalties depend on the specific violation and the age of the victim:
| Offense | Victim Age | Classification | Maximum Penalty |
|---|---|---|---|
| Capturing intimate representation without consent | Adult (18+) | Class I Felony | 3.5 years prison, $10,000 fine |
| Capturing intimate representation without consent | Minor (under 18) | Class H Felony | 6 years prison, $10,000 fine |
| Distributing intimate representation without consent | Adult (18+) | Class I Felony | 3.5 years prison, $10,000 fine |
| Distributing intimate representation of a minor | Minor (under 18) | Class I Felony | 3.5 years prison, $10,000 fine |
| Possessing intimate representation of a minor | Minor (under 18) | Class H Felony | 6 years prison, $10,000 fine |
The dramatic increase in penalties when the victim is a minor reflects the severity with which Wisconsin treats offenses against children.
2025 Wisconsin Act 34: Synthetic Intimate Representations (Deepfakes)
2025 Wisconsin Act 34 (originating as 2025 SB 33, signed by Governor Tony Evers on October 2, 2025) expanded Wis. Stat. 942.09 to cover AI-generated and synthetic intimate imagery. The Act added:
- Wis. Stat. 942.09(1)(e) defines "synthetic intimate representation" as a representation generated using technological means that uses an identifiable person's face, likeness, or other distinguishing characteristic to depict an intimate representation, regardless of whether the components are artificial or real, and that is so realistic that a reasonable person would believe it depicts the identifiable person.
- Wis. Stat. 942.09(2)(am)4 makes it a Class I felony (up to 3 years 6 months prison, $10,000 fine) to post, publish, distribute, or exhibit a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate.
This provision is technology-neutral: AI-generated, deepfake, and face-swap intimate imagery all qualify. Note that synthetic intimate representation falls under Wis. Stat. 942.09, not 942.08 (the separate invasion-of-privacy/surveillance-device statute).
The federal TAKE IT DOWN Act (effective May 19, 2026) provides an additional notice-and-takedown remedy for victims of non-consensual intimate imagery deepfakes, requiring online platforms to remove reported content within 48 hours.
Common Hidden Camera Scenarios
Hidden Cameras in Rental Properties
Landlords who install hidden cameras in rental units face serious criminal liability. Placing a camera in a bathroom, bedroom, or any private area of a tenant's unit violates both Wis. Stat. 942.08 and potentially 942.09. Tenants who discover hidden cameras should:
- Document the camera with photographs before disturbing it
- Contact local law enforcement immediately
- Contact the Wisconsin Department of Agriculture, Trade and Consumer Protection if the landlord is a business
- Consult an attorney about civil remedies
- Consider contacting tenant advocacy organizations
Hidden Cameras in the Workplace
Employers generally may not place cameras in areas where employees have a reasonable expectation of privacy. Surveillance is prohibited in:
- Restrooms and bathrooms
- Locker rooms and changing areas
- Break rooms designated as private
- Nursing rooms for lactating employees
Employers can legally place cameras in common work areas like production floors, hallways, loading docks, and retail sales floors. Hidden cameras in these areas, while legal, may raise employee relations concerns. See our workplace recording page for more detail.
Hidden Cameras in Intimate Settings
Placing a hidden camera to record sexual activity without the knowledge and consent of all participants is a serious crime in Wisconsin. Under Wis. Stat. 942.09, this constitutes capturing intimate representations without consent, which is a Class I felony. If the images are later distributed, additional felony charges apply.
"Upskirting" and Similar Offenses
Wis. Stat. 942.09 specifically addresses situations where someone uses a camera or other device to view areas of the body that are not otherwise visible. This covers:
- Placing a camera under someone's clothing ("upskirting")
- Using a camera angle to see down someone's shirt ("downblousing")
- Using mirrors or other reflective surfaces to view intimate areas
- Using camera technology (such as telephoto lenses) to capture images through windows
These offenses can be charged regardless of whether the victim was in a public or private place, because the statute protects against viewing areas that would not otherwise be visible.
Non-Consensual Distribution of Intimate Images
Wisconsin's Revenge Porn Protections
Wisconsin addresses non-consensual distribution of intimate images through Wis. Stat. 942.09. Under this statute, a person who distributes a representation depicting nudity without the depicted person's consent, and with intent to cause distress, harm, or humiliation, commits a Class I felony.
Key elements of this offense include:
- The person depicted did not consent to the distribution (even if they consented to the original creation of the image)
- The distributor acted with intent to cause emotional distress, humiliation, or harm to the reputation of the person depicted
- The image depicts nudity as defined by the statute
Defenses and Exceptions
Several situations may not fall under the statute:
- Images voluntarily shared in a public forum by the depicted person
- Lawful law enforcement activities
- Medical or scientific purposes
- Images of public interest that do not primarily depict nudity
- Constitutionally protected expression (though this defense is narrowly applied)
Civil Remedies for Victims
Available Civil Claims
Victims of voyeurism and hidden camera crimes in Wisconsin can pursue multiple civil causes of action:
- Invasion of privacy (intrusion upon seclusion). Wisconsin courts recognize this common law tort. The plaintiff must show that the defendant intentionally intruded upon their privacy in a manner that would be highly offensive to a reasonable person.
- Intentional infliction of emotional distress. Requires proof that the defendant's conduct was extreme and outrageous and caused severe emotional distress.
- Negligent infliction of emotional distress. May apply in cases involving landlords or employers who failed to prevent known surveillance.
- Civil claims under Wis. Stat. 895.07. Wisconsin provides a civil cause of action for unauthorized capturing or distributing of intimate representations.
Potential Damages
Victims may recover:
- Compensatory damages for emotional distress, anxiety, and psychological harm
- Medical and counseling expenses
- Lost wages if the victimization affected employment
- Reputational damages
- Punitive damages in cases of particularly egregious conduct
- Attorney fees and court costs in some circumstances
Sex Offender Registration
Convictions under Wis. Stat. 942.09 may require the offender to register as a sex offender under Wis. Stat. 301.45. The requirement depends on the specific offense and the court's determination. Sex offender registration in Wisconsin carries significant long-term consequences including:
- Mandatory registration with the Wisconsin Sex Offender Registry maintained by the Wisconsin Department of Corrections
- Community notification requirements
- Residency restrictions near schools and childcare facilities
- Employment restrictions
- Internet reporting requirements
Related Federal Laws
Federal law also addresses voyeurism and hidden camera offenses:
- 18 U.S.C. 1801 (Video Voyeurism Prevention Act) makes it a federal crime to capture an image of a person's intimate areas without consent on federal property.
- 18 U.S.C. 2252 addresses the production, distribution, and possession of child pornography, which overlaps with hidden camera offenses involving minors.
More Wisconsin Recording Topics
More Wisconsin Recording Laws
More Wisconsin Laws
Frequently Asked Questions
Is it illegal to put a hidden camera in someone's home in Wisconsin?
Yes. Installing a hidden camera in someone's home without consent violates Wis. Stat. 942.08 (invasion of privacy), which is a Class A misdemeanor punishable by up to 9 months in jail and a $10,000 fine. If the camera captures intimate images, it may also violate Wis. Stat. 942.09, which carries felony penalties.
What is the penalty for voyeurism in Wisconsin?
Penalties vary by offense. Observing someone in a private place with a surveillance device is a Class A misdemeanor (up to 9 months jail), including when done for the purpose of sexual arousal or gratification. Capturing intimate images of an adult without consent is a Class I felony. If the victim is a minor, it becomes a Class H felony (up to 6 years prison).
Is revenge porn illegal in Wisconsin?
Yes. Under Wis. Stat. 942.09, distributing intimate images of someone without their consent and with intent to cause distress or harm is a Class I felony punishable by up to 3.5 years in prison and a $10,000 fine. If the victim is a minor, the penalty is also a Class I felony under Wis. Stat. 942.09(3m)(am), the same range as for an adult victim.
Can my landlord put cameras in my apartment in Wisconsin?
No. A landlord cannot place cameras in private areas of your rental unit, including bathrooms, bedrooms, and living spaces. Doing so violates Wis. Stat. 942.08. A landlord may install security cameras in common areas of the building, such as hallways, parking lots, and building entrances.
Do I have to register as a sex offender for voyeurism in Wisconsin?
It depends on the specific offense. Convictions under Wis. Stat. 942.09 for capturing or distributing intimate images may require sex offender registration under Wis. Stat. 301.45. The court makes this determination based on the circumstances of the offense. Registration carries long-term consequences including community notification and residency restrictions.
Updates
Corrected two overstated penalty errors under Wis. Stat. 942.09: capturing or possessing an intimate representation of a minor is a Class H felony (up to 6 years, $10,000 fine), and non-consensual distribution involving a minor is a Class I felony (up to 3.5 years) -- not the Class C felony (up to 40 years, $100,000) or Class D felony (up to 25 years) the article stated in multiple places. Also corrected Wis. Stat. 942.08: observing someone for sexual arousal or gratification is a Class A misdemeanor like the statute's other observation offenses; the Class I felony elevation is triggered by the victim being a minor, not by the purpose of the observation, and the article's cited subsection 942.08(3)(b) does not exist.
The Law Behind This Article
This article rests on 6 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
United States Code Title 18
§ 1801Video voyeurismIn forcecited in 79 of our articles
Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both. In this section— the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons; the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; the term “female breast” means any portion of the female breast below the top of the areola; and the term “under circumstances in which that individual has a reasonable expectation of privacy” means— circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or circumstances in which a…
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: Alaska Voyeurism and Hidden Camera Laws: AS 11.61.123 Explained (2026), Arizona Surreptitious Recording & Voyeurism Laws: ARS 13-3019 Penalties (2026), Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)
§ 2252Certain activities relating to material involving the sexual exploitation of minorsIn forcecited in 3 of our articles
Any person who— knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, if— the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and such visual depiction is of such conduct; knowingly receives, or distributes, any visual depiction using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or through the mails, if— the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and such visual depiction is of such conduct; either— in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by,…
Official text (excerpt) · as of 2026-07-28 · Read the full section at uscode.house.gov
Also relied on in: Alabama Voyeurism Laws: Hidden Cameras, Penalties, and Victim Rights, Nevada Voyeurism and Hidden Camera Laws: NRS 200.604 Penalties (2026)
Wisconsin Statutes, Chapter 301: Corrections
§ 301.45Sex offender registration.In forcecited in 2 of our articles
(1d) Definitions. In this section: (a) “Employed or carrying on a vocation” means employment or vocational activity that is full-time or part-time for a continuous period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit. (am) “Found to have committed a sex offense by another jurisdiction” means any of the following: 1. Convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of a law of another state that is comparable to a sex offense. 2. Convicted or found not guilty by reason of mental disease or defect for a violation of a federal law that is comparable to a sex offense. 3. Convicted or found not guilty or not responsible by reason of mental disease or defect in the tribal court of a federally recognized American Indian tribe or band for a violation that is comparable to a sex offense. 4. Sentenced or found not guilty by reason of mental disease or defect by a court martial for a violation that is comparable to a sex offense.
Official text (excerpt) · as of 2026-07-29 · Read the full section at docs.legis.wisconsin.gov
Also relied on in: Wisconsin Sexting Laws: Legal Consequences and Penalties
Wisconsin Statutes, Chapter 939: Crimes
§ 939.50Classification of felonies.In forcecited in 7 of our articles
(1) Felonies in the statutes are classified as follows: (a) Class A felony. (b) Class B felony. (c) Class C felony. (d) Class D felony. (e) Class E felony. (f) Class F felony. (g) Class G felony. (h) Class H felony. (i) Class I felony. (2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes. (3) Penalties for felonies are as follows: (a) For a Class A felony, life imprisonment. (b) For a Class B felony, imprisonment not to exceed 60 years. (c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both. (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both. (e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both. (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both. (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.
Official text (excerpt) · as of 2026-07-29 · Read the full section at docs.legis.wisconsin.gov
Also relied on in: Wisconsin Audio Recording Laws: One-Party Consent Rules and Penalties (2026), How Many Years for Second Degree Murder? Sentences by State (2026), Wisconsin Smart Glasses Recording Laws
Wisconsin Statutes, Chapter 942: Crimes Against Reputation, Privacy And Civil Liberties
§ 942.08Invasion of privacy.In forcecited in 12 of our articles
(1) In this section: (a) “Nude or partially nude person” means any human being who has less than fully and opaquely covered genitals, pubic area or buttocks, any female human being who has less than a fully opaque covering over any portion of a breast below the top of the nipple, or any male human being with covered genitals in a discernibly turgid state. (b) “Private place” means a place where a person may reasonably expect to be safe from being observed without his or her knowledge and consent. (c) “Surveillance device” means any device, instrument, apparatus, implement, mechanism or contrivance used, designed to be used to observe, or capable of observing, the activities of a person. “Surveillance device” includes a peephole. (2) Except as provided in sub. (4), whoever does any of the following is guilty of a Class A misdemeanor: (a) Knowingly installs a surveillance device in any private place, or uses a surveillance device to observe in a private place, with the intent to observe any nude or partially nude person without the consent of the person observed.
Official text (excerpt) · as of 2026-07-29 · Read the full section at docs.legis.wisconsin.gov
Also relied on in: Wisconsin Landlord-Tenant Recording Laws: Cameras, Surveillance, and Privacy (2026), Wisconsin Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026), Wisconsin Laws on Recording in Public: Filming, Photography, and Privacy (2026)
§ 942.09Representations depicting nudity.In forcecited in 8 of our articles
(1) In this section: (a) “Captures a representation” means takes a photograph, makes a motion picture, videotape, recording, or other visual or audio representation, or records or stores in any medium data that represents a visual image. (ae) “Consent” means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to the act. A person who has not attained the age of 18 is incapable of consent. The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2): 1. A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct. 2. A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. (ag) “Intimate representation” means any of the following: 1. A representation of a nude or partially nude person. 2. A representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public. 3. A representation of a person urinating, defecating, or using a feminine hygiene product. 4.
Official text (excerpt) · as of 2026-07-29 · Read the full section at docs.legis.wisconsin.gov
Also relied on in: Wisconsin Video Recording Laws: Surveillance, Filming, and Privacy Rules (2026), Wisconsin AI Laws and Regulation (2026), Wisconsin Surveillance Camera Laws (2026 Guide)
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Sources and References
- Wis. Stat. 942.08 - Invasion of Privacy(docs.legis.wisconsin.gov).gov
- Wis. Stat. 942.09 - Representations Depicting Nudity(docs.legis.wisconsin.gov).gov
- Wis. Stat. 301.45 - Sex Offender Registration(docs.legis.wisconsin.gov).gov
- Wis. Stat. 939.50 - Classification of Felonies(docs.legis.wisconsin.gov).gov
- Wisconsin DOC - Sex Offender Registry(doc.wi.gov).gov
- 18 U.S.C. 1801 - Video Voyeurism Prevention Act(law.cornell.edu)
- Wisconsin DATCP(datcp.wi.gov).gov
- 2025 Wisconsin Act 34 - Synthetic Intimate Representation (SB 33, signed Oct. 2, 2025)(docs.legis.wisconsin.gov).gov
- TAKE IT DOWN Act (Pub. L. 119-__, effective May 19, 2026) - Federal NCII notice-and-takedown(congress.gov).gov
- 18 U.S.C. 2252 - Child Exploitation Statutes(law.cornell.edu)