Wisconsin
Wisconsin AI Laws and Regulation (2026)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 9 primary sources cited on this page. How we verify our legal content
Wisconsin regulates AI through targeted statutes rather than a broad framework. Under 2023 Act 123, political ads containing AI-generated synthetic media must carry a disclosure at the start and end, with fines up to $1,000 per violation. A separate law, 2025 Act 34, criminalizes distributing synthetic intimate images under Wis. Stat. 942.09, whether or not AI was used to make them.
Wisconsin has taken a targeted approach to artificial intelligence regulation, enacting laws that address specific AI harms rather than creating a comprehensive AI governance framework. The state has passed laws requiring disclosure of AI-generated political ads and criminalizing the distribution of synthetic intimate imagery, while its insurance regulator has adopted national standards for AI use by insurers.
Despite active study by both a Governor's Task Force and a Legislative Council Study Committee, Wisconsin has not enacted broad AI consumer protection legislation. Several significant AI bills were introduced in the 2025-2026 session but failed to pass before the legislature adjourned. This article is for informational purposes only. Consult an attorney for advice specific to your situation.
Election Deepfake Disclosure Law (2023 Act 123)
Wisconsin was among the first states to regulate AI-generated content in political communications. Governor Tony Evers signed 2023 Wisconsin Act 123 into law on March 21, 2024, creating new disclosure requirements for synthetic media in campaign advertising.
What the Law Covers
The law applies to audio or video communications that meet three criteria. First, the communication must be paid for by a candidate committee, legislative campaign committee, political action committee, independent expenditure committee, political party, recall committee, or referendum committee. Second, it must contain synthetic media. Third, it must contain express advocacy, issue advocacy, or support or opposition to a referendum.
The law defines "synthetic media" as audio or video content substantially produced by means of generative artificial intelligence. This definition is intentionally focused on AI-generated content rather than traditional editing or manipulation.
Disclosure Requirements
The required disclosures vary by media type. Every audio communication containing synthetic media must include the statement "Contains content generated by AI" at both the beginning and end of the communication.
For video communications, the disclosure "This video content generated by AI" must be displayed in a readable, legible, and readily accessible format. If the synthetic media appears only in the audio track of a video, the disclosure must state "This audio content generated by AI." When synthetic media is used in both the audio and video components, the disclosure reads "This content generated by AI."
Penalties and Enforcement
Violations of the disclosure requirement result in a forfeiture of up to $1,000 for each offense, enforced in the same manner as other violations of Wisconsin's campaign finance laws under Wis. Stat. 11.1303(2m).
Limitations
The law has notable gaps. It does not regulate manipulated media, sometimes called cheapfakes or shallowfakes, which can be as simple as mislabeling video or audio clips to suggest they are from a different time or location. The law also does not cover deepfake photos, applying only to audio and video communications.
Social media platforms are immunized from liability for hosting content that violates the disclosure requirements. Only the entity that paid for and distributed the communication can be held liable.
Synthetic Intimate Representation Law (2025 Act 34)
On October 2, 2025, Governor Evers signed 2025 Wisconsin Act 34 into law, expanding the state's criminal code to address synthetic intimate imagery. The law amended Wis. Stat. 942.09, which governs representations depicting nudity.
Definition of Synthetic Intimate Representation
The law defines a "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 of that person. The definition applies regardless of whether the representation includes components that are artificial, legally generated, or generally accessible. The representation must be so realistic that a reasonable person would believe it depicts the actual conduct of the identifiable person.
This definition is technology-neutral. The words "artificial intelligence" appear nowhere in Wis. Stat. 942.09 or in Act 34, whose relating clause covers "representations depicting nudity and providing a penalty." Any sufficiently realistic depiction generated by technological means falls within the statute, including images produced by conventional photo manipulation rather than AI.
Criminal Penalties
| Offense | Classification | Maximum Penalty |
|---|---|---|
| Posting, publishing, distributing, or exhibiting with intent to harass | Class I Felony | Up to 3.5 years imprisonment, $10,000 fine |
| Reproducing a private representation without consent | Class A Misdemeanor | Up to 9 months imprisonment, $10,000 fine |
| Violations involving a minor (under 18) | Class H Felony | Up to 6 years imprisonment, $10,000 fine |
Scope and Impact
Act 34 closed a loophole in Wisconsin law where synthetic intimate images were not explicitly covered by existing statutes. The law places synthetic intimate representations inside Wis. Stat. 942.09, the broader statute governing the capture, display, and distribution of intimate images without consent.
The law applies to content depicting identifiable adults and includes enhanced penalties when the depicted person is a minor. The intent requirement means that posting, publishing, distributing, or exhibiting such content for purposes of harassment, coercion, or intimidation triggers the felony charge.
The conduct element matters. Wis. Stat. 942.09(2)(am)4 reaches only a person who "posts, publishes, distributes, or exhibits" a synthetic intimate representation with that intent. Generating such an image, or holding it without sharing it, is not itself covered by that subdivision. The neighboring subdivisions that criminalize capture, reproduction, and possession apply to an intimate representation captured of a real person without consent, not to a synthetic one.
Insurance AI Regulation (OCI Bulletin, March 2025)
On March 18, 2025, the Wisconsin Office of the Commissioner of Insurance (OCI) issued its own bulletin on the use of artificial intelligence systems in insurance, citing the Principles of Artificial Intelligence that the National Association of Insurance Commissioners (NAIC) adopted in 2020 as an appropriate source of guidance for insurers.
Key Requirements for Insurers
The bulletin establishes that all decisions or actions impacting consumers that are made or supported by AI systems must comply with all applicable insurance laws and regulations, including those related to unfair trade practices and discrimination.
All insurers are expected to develop, implement, and maintain a written program (an "AIS Program") for the responsible use of AI systems. This program must be designed to mitigate the risk of adverse consumer outcomes when AI systems are used to make or support decisions related to regulated insurance practices.
Program Components
At a minimum, the written AI program must address several areas. Insurers must establish appropriate governance structures for AI oversight. They must provide consumer notices when AI systems affect decisions. They must implement risk management programs covering both internal AI systems and third-party AI tools. They must also develop a plan for responding to inquiries from regulators about their AI use.
Ongoing Obligations
The OCI bulletin encourages the development and use of verification and testing methods to identify errors and bias in predictive models and AI systems. While the bulletin functions as regulatory guidance rather than a statute, regulated entities are expected to follow its requirements. Noncompliance could result in regulatory action under existing insurance statutes.
Governor's Task Force on Workforce and AI
Governor Tony Evers created the Governor's Task Force on Workforce and Artificial Intelligence to study AI's impact on Wisconsin's labor market. The Task Force met from early 2024 through its final meeting on July 22, 2024, in Madison, and published its comprehensive advisory action plan in July 2024.
Task Force Mandate
The Task Force was charged with gathering and analyzing information to identify the current state of generative AI's impact on Wisconsin's labor market. Its responsibilities included developing informed predictions about AI's opportunities and impacts, identifying how these workforce changes may affect Wisconsin's key industries and occupations, exploring initiatives to advance equity and economic opportunity, and recommending policy directions related to workforce development and education.
Key Recommendations
The Task Force's action plan covered three main areas.
In workforce development, the Task Force recommended enhancing apprenticeship infrastructure to incorporate AI skills, extending the Worker Connection program to include AI training, and expanding the Wisconsin Fast Forward program to fund employer-led AI training. It also proposed an AI Workforce Talent Pipeline program to raise awareness and provide training in AI-related occupations, with an emphasis on underrepresented populations.
In economic development, the recommendations included providing AI supports for Wisconsin businesses, creating AI Innovation Hubs to incubate startups, and developing an AI Roadmap for businesses to explore AI's potential.
In education, the Task Force recommended starting AI-related digital literacy at the K-12 level with equitable access across all grade levels and academic areas. It emphasized balancing technological skills with human-centered skills, which the Task Force noted would become increasingly valuable as automation grows.
Legislative Council Study Committee on AI Regulation
In addition to the Governor's Task Force, the Wisconsin Joint Legislative Council created the 2024 Study Committee on the Regulation of Artificial Intelligence in Wisconsin. This legislative body was directed to review current uses of AI technology and make recommendations for legislation.
Committee Composition
The committee included four lawmakers: Sen. Julian Bradley (R-New Berlin), Rep. David Armstrong (R-Rice Lake), Sen. Tim Carpenter (D-Milwaukee), and Rep. Clinton Anderson (D-Beloit). Eight members of the public also served on the committee, bringing expertise from various sectors.
Study Process
The committee met monthly from July through December 2024, hearing from stakeholders about AI uses in the state, potential problems, and how to address them. The committee considered proposals for applying existing state laws to AI models in the same way those laws apply to humans, including when it comes to disinformation, impersonation, and creating and distributing fake imagery.
Recommendations
The committee considered recommending the creation of an ongoing, permanent body to continue studying AI regulation after the study committee completed its work. The committee's final recommendations were submitted to the Joint Legislative Council for consideration in the 2025-2026 legislative session.
Failed AI Bills in the 2025-2026 Session
The Wisconsin legislature adjourned its 2025-2026 session on March 19, 2026, without passing several AI-related proposals. These bills indicate the directions Wisconsin lawmakers may pursue in future sessions.
AB 840: AI Regulatory Review Council
Assembly Bill 840 would have created an Artificial Intelligence Regulatory Review Council within the Department of Agriculture, Trade and Consumer Protection. The council would have been required to submit biennial reports to the governor and legislative standing committees with recommendations for AI regulation. The bill included funding for one new state position to support the council's work.
The bill was introduced on January 9, 2026, by Representatives Zimmerman, Born, Allen, Armstrong, and others, and cosponsored by multiple senators. It did not pass before the session ended.
SB 939 / AB 965: AI Systems and Children
Senate Bill 939 and its companion Assembly Bill 965 would have created Wis. Stat. 100.80 to regulate artificial intelligence systems that simulate humanlike relationships with children, including a penalty provision. Both bills failed to pass when the session ended.
AB 1109: AI and Medical Prior Authorization
Assembly Bill 1109 would have restricted the use of artificial intelligence to deny prior authorization for medical treatments based on medical necessity or experimental status. The bill addressed growing concerns about health insurers using AI to automatically deny coverage requests. It did not advance before the session concluded.
AI in Employment
Wisconsin has not enacted specific legislation governing the use of AI in employment or hiring decisions. The state relies on existing anti-discrimination frameworks rather than AI-specific employment statutes.
However, Wisconsin's general employment anti-discrimination laws under the Wisconsin Fair Employment Act apply to decisions made with AI tools. Employers using AI-powered hiring tools, performance evaluation systems, or workforce analytics must ensure those tools do not produce discriminatory outcomes based on protected characteristics.
The Governor's Task Force on Workforce and AI acknowledged the significant impact AI is having on employment and made workforce development recommendations, but stopped short of proposing specific employment AI regulations.
Federal AI Policy and Wisconsin
Wisconsin lawmakers have engaged with federal AI policy discussions, though the state has not taken as public a stance as some others.
Federal Preemption Concerns
The Trump Administration's December 2025 Executive Order 14365 directed the Department of Justice to create an AI Litigation Task Force to challenge state AI laws. While Wisconsin's enacted AI laws are relatively narrow in scope, the state's election deepfake and synthetic intimate imagery laws could theoretically face federal scrutiny. However, the executive order carved out child safety protections and state government procurement from potential preemption.
National Policy Framework
The Trump Administration released a National Policy Framework for Artificial Intelligence in March 2026, calling on Congress to pass federal legislation. If Congress enacts a broad federal AI law with preemption provisions, Wisconsin's state-level regulations could be affected, particularly the election deepfake disclosure law.
Wisconsin lawmakers have expressed interest in maintaining state authority over AI regulation despite federal pressure, signaling that the state may continue pursuing its own approach to AI governance.
Summary of Wisconsin AI Laws and Regulations
| Law/Regulation | Year | Subject | Status |
|---|---|---|---|
| 2023 Act 123 | 2024 | Election deepfake disclosures | Enacted (March 21, 2024) |
| 2025 Act 34 | 2025 | Synthetic intimate representations | Enacted (October 2, 2025) |
| OCI AI Bulletin | 2025 | Insurance AI governance | Effective (March 18, 2025) |
| AB 840 | 2026 | AI Regulatory Review Council | Failed |
| SB 939 / AB 965 | 2026 | AI-child relationships | Failed |
| AB 1109 | 2026 | AI medical prior authorization | Failed |
More Wisconsin Laws
Frequently Asked Questions
Does Wisconsin require disclosure of AI-generated content in political ads?
Yes. 2023 Wisconsin Act 123, signed March 21, 2024, requires audio and video political communications containing AI-generated synthetic media to include the disclosure 'Contains content generated by AI' at the beginning and end. The law applies to communications paid for by candidate committees, PACs, political parties, and similar organizations. Violations carry a forfeiture of up to $1,000 per offense.
Is creating a synthetic intimate image illegal in Wisconsin?
Not by itself. 2025 Wisconsin Act 34 makes it a Class I felony to post, publish, distribute, or exhibit a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate that person, under Wis. Stat. 942.09(2)(am)4. Generating such an image, or possessing it without sharing it, is not covered by that provision. A Class I felony carries up to 3.5 years imprisonment and a $10,000 fine. If the person depicted is under 18, the offense is elevated to a Class H felony with up to 6 years imprisonment. The statute is technology-neutral and does not use the term 'artificial intelligence,' so it reaches realistic manipulated images whether or not AI produced them.
How does Wisconsin regulate AI in insurance?
The Wisconsin Office of the Commissioner of Insurance issued its own AI bulletin on March 18, 2025, citing the Principles of Artificial Intelligence that the NAIC adopted in 2020 as guidance. The bulletin requires all regulated insurers to develop and maintain a written AI program to mitigate the risk of adverse consumer outcomes. Programs must include governance structures, consumer notices, risk management, and plans for responding to regulatory inquiries.
Does Wisconsin have AI hiring or employment laws?
No. Wisconsin has not enacted laws specifically regulating AI in employment or hiring. The state relies on existing anti-discrimination laws under the Wisconsin Fair Employment Act, which apply to AI-driven decisions. The Governor's Task Force on Workforce and AI made workforce development recommendations in 2024, but did not propose specific employment AI regulations.
What AI bills failed in Wisconsin's 2025-2026 legislative session?
Several AI bills failed when the legislature adjourned on March 19, 2026. AB 840 would have created an AI Regulatory Review Council. SB 939/AB 965 would have regulated AI systems simulating humanlike relationships with children. AB 1109 would have restricted insurers from using AI to deny medical prior authorizations. None advanced to the governor's desk.
Updates
Corrected the description of Wisconsin Stat. 942.09: the law punishes posting, publishing, distributing, or exhibiting a synthetic intimate image with intent to coerce, harass, or intimidate, not creating one, and it covers any realistic technologically generated image rather than only AI-generated images.
Corrected the page's repeated claim that Wisconsin's insurance regulator adopted the NAIC's 'Model Bulletin' and became the '24th state' to do so; the regulator's actual bulletin cites only the NAIC's 2020 AI Principles as guidance for its own independently drafted rule and makes no state-ranking claim.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the synthetic-intimate-representation felony penalty table and prose: Wis. Stat. 942.09(2)(am)4 criminalizes posting, publishing, distributing, or exhibiting such content with intent to coerce, harass, or intimidate, not the act of creating it.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 11: Campaign Financing
§ 11.1303Attribution of political contributions, disbursements and communications; synthetic media.In forcecited in 2 of our articles
(1) No disbursement may be made anonymously and no contribution or disbursement may be made in a fictitious name or by one person or organization in the name of another. (2) (a) Every printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, or other communication containing express advocacy or supporting or opposing a referendum which is paid for by any contribution or disbursement shall clearly identify its source. (b) Every communication described under par. (a) the cost of which is paid for or reimbursed by a committee, or for which a committee assumes responsibility, whether by accepting a contribution or making a disbursement, shall identify its source by the words “Paid for by” followed by the name of the committee making the payment or reimbursement or assuming responsibility for the communication and may include the name of the treasurer or other authorized agent of the committee. (c) Every communication for express advocacy the cost of which exceeds $2,500 and is paid for or reimbursed by any person, other than a committee, shall identify its source by the words “Paid for by” followed by the name of the person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Also relied on in: Wisconsin Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
Wisconsin Statutes, Chapter 942: Crimes Against Reputation, Privacy And Civil Liberties
§ 942.09Representations depicting nudity.In forcecited in 13 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) · last checked 2026-08-30 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Nelson (2006) gave "reasonable expectation of privacy" in Wis. Stat. 942.09 its ordinary meaning, not the Fourth Amendment test. State v. Jahnke (2008) called that incomplete: the test is whether one reasonably expected not to be recorded nude. State v. Culver (2018) upheld the post-or-publish ban against overbreadth.
Opinions citing this section in our collection:
- State v. Nelson (Court of Appeals of Wisconsin 2006, 294 Wis. 2d 578)✓Nelson secretly videotaped neighbors through their bathroom window from next door. Affirming his 942.09(2)(a) conviction, the court held "reasonable expectation of privacy" has its ordinary meaning under an objective reasonable-person test, not Fourth Amendment case law.
- State v. Culver (Court of Appeals of Wisconsin 2018, 384 Wis. 2d 222)✓Culver posted nude photos of a woman online without her consent and pleaded guilty under 942.09(3m)(a)2. The court rejected his overbreadth and vagueness attacks on the post-or-publish statute, found he lacked standing to raise a Commerce Clause claim, and affirmed.
- State v. Chagnon (Court of Appeals of Wisconsin 2015, 364 Wis. 2d 719)✓Chagnon, a registered sex offender, cut 189 photos of clothed girls out of magazines and pasted them into a notebook. The court held that 942.09(1)(a)'s definition of "captures a representation" does not reach that conduct, and reversed the refusal to dismiss 23 counts.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Landlord-Tenant Recording Laws: Cameras, Surveillance, and Privacy (2026), Wisconsin Video Recording Laws: Surveillance, Filming, and Privacy Rules (2026), Wisconsin Voyeurism and Hidden Camera Laws: Privacy Crimes and Penalties (2026)
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Sources and References
- 2023 Wisconsin Act 123 - Election Deepfake Disclosures(docs.legis.wisconsin.gov).gov
- 2025 Wisconsin Act 34 - Synthetic Intimate Representations(docs.legis.wisconsin.gov).gov
- Wisconsin Statute 942.09 - Representations Depicting Nudity(docs.legis.wisconsin.gov).gov
- OCI Bulletin - AI Systems in Insurance (March 18, 2025)(oci.wi.gov).gov
- Governor's Task Force on Workforce and Artificial Intelligence(dwd.wisconsin.gov).gov
- 2024 Legislative Council Study Committee on AI Regulation(docs.legis.wisconsin.gov).gov
- Wisconsin Legislature AI Subject Index (2025)(docs.legis.wisconsin.gov).gov
- Assembly Bill 840 - AI Regulatory Review Council(docs.legis.wisconsin.gov).gov
- Senate Bill 939 - AI Systems and Children(docs.legis.wisconsin.gov).gov
- Wisconsin Lawmakers Eye AI Regulations Despite Federal Pressure(wisbusiness.com)