Revenge Porn Laws in Wisconsin (2026): Your Rights and What to Do
Wisconsin makes it a crime to share a private, nude, or sexually explicit image of someone without consent, backs that up with a civil claim in the same statute, and, since a 2025 amendment, expressly reaches AI-generated synthetic intimate images as well as real ones.
Wisconsin at a Glance
- Statute
- Nonconsensual disclosure of an intimate representation — Wis. Stat. § 942.09
- Criminal classification
- Class A misdemeanor; Class I felony for repeat or aggravated conduct
- Maximum penalty
- Up to nine months in jail and a $10,000 fine for a Class A misdemeanor; up to three and a half years in prison and a $10,000 fine for a Class I felony
- Can you sue?
- Yes — Wis. Stat. § 942.09(6) (civil cause of action against a person who violates the statute)
- Time limit to sue
- Generally within the state's general personal-injury limitation period, commonly cited as up to six years for injury claims not specifically limited elsewhere
- Deepfakes / AI images
- Covered
Is Revenge Porn Illegal in Wisconsin?
Yes. Wis. Stat. § 942.09 makes it a crime to post, distribute, exhibit, or otherwise share a representation depicting nudity or sexually explicit conduct of an identifiable person, knowing the person has not consented, when the representation was captured or created under circumstances where the person had a reasonable expectation of privacy.
Since 2025 the statute has expressly covered synthetic intimate representations, meaning images or videos generated or altered using computer software, including AI tools, that depict a real, identifiable person in a way they never actually appeared.
Consent to being photographed or filmed does not automatically mean consent to share the resulting image, and the statute is separate from Wisconsin's voyeurism law covering secret recording.
Penalties for Sharing Intimate Images in Wisconsin
A basic violation of § 942.09 is a Class A misdemeanor, carrying up to nine months in jail and a fine of up to $10,000.
The offense escalates to a Class I felony, punishable by up to three and a half years in prison and a fine of up to $10,000, for a second or subsequent offense, or where aggravating circumstances apply, such as the offender captured the image themselves through deception or for pecuniary gain.
Additional Wisconsin offenses can apply too, including stalking under § 940.32, harassment, and extortion where the sharing is used to threaten or coerce the victim.
Can I Sue Someone in Wisconsin?
Yes. Section 942.09 provides its own civil cause of action, letting the depicted person sue whoever violated the statute for damages, and courts can also award reasonable attorney's fees to a successful plaintiff.
This civil route does not require a criminal conviction, so you can pursue it even where prosecutors decline to charge the case or where a criminal case is still working its way through court.
If a written agreement between you addressed keeping intimate images private, breaching it is evidence there was no consent to share the material, which can support a further breach-of-contract claim alongside the statutory one.
Does Wisconsin Cover Deepfakes and AI Images?
Yes. 2025 Wisconsin Act 34 added synthetic intimate representations to § 942.09, covering images or videos generated using computer software, including AI, that depict a real, identifiable person in a nude or sexually explicit way they never actually experienced.
This brings Wisconsin's criminal and civil remedies in line for both real and fabricated images. The federal TAKE IT DOWN Act separately requires covered platforms to remove reported nonconsensual intimate images, including deepfakes, within 48 hours of a valid request.
What to Do Right Now If Your Images Were Shared in Wisconsin
- 1
Preserve the Evidence Before Reporting It
Screenshot the image, poster's account, URL, and date and time, and save any messages or files somewhere secure before you report the content anywhere.
- 2
Use the Platform's Intimate-Image Report
Report through the platform's dedicated nonconsensual intimate imagery tool rather than a general complaint, and keep any confirmation emails or case numbers.
- 3
Use StopNCII.org to Limit Re-Uploads
StopNCII.org hashes the image on your device and shares only that fingerprint with participating platforms to block re-uploads. If you were under 18 in the image, use NCMEC's Take It Down service instead.
- 4
Report It in Wisconsin
Contact your local police department and cite Wis. Stat. § 942.09, noting whether the image is a real photo or a synthetic AI-generated representation. Flag any stalking, harassment, or extortion for separate charges.
- 5
Get Advice About the Civil Claim
Ask a Wisconsin attorney about suing under § 942.09's built-in civil action and about any written agreement showing there was no consent to share the images.
Be Safer With a Written NDA as Evidence
Most of Wisconsin's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementWisconsin: Frequently Asked Questions
Is revenge porn a felony in Wisconsin?
Does Wisconsin law cover AI deepfake nudes?
Can I sue someone in Wisconsin for sharing intimate images?
Do I have to prove a revenge motive?
What if the image was recorded without my knowledge?
Sources
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This page provides general information about Wisconsin law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Wisconsin. Last reviewed August 2026.