Wisconsin
Wisconsin Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 8 primary sources cited on this page. How we verify our legal content
Wisconsin allows surveillance cameras on your own property, but Wis. Stat. 942.08 prohibits installing or using a surveillance device to observe a nude or partially nude person in a private place without their consent. No single statute governs all camera use; instead, several laws work together to regulate where and how cameras may be placed.
Overview of Wisconsin Surveillance Camera Laws
Wisconsin does not have a single statute that governs all surveillance camera use. Instead, several laws work together to regulate where and how cameras can be used throughout the state. The key statutes include Wis. Stat. 942.08 (invasion of privacy), Wis. Stat. 942.09 (representations depicting nudity), Wis. Stat. 968.31 (interception and disclosure of communications), and Wis. Stat. 995.50 (right of privacy).
The central concept across all of these laws is the "reasonable expectation of privacy." Surveillance cameras are generally legal in Wisconsin when used in areas where people do not have a reasonable expectation of privacy, such as public streets, front yards, and common areas of businesses. Recording becomes illegal when cameras are placed to capture images or audio in private spaces without consent.
Understanding these laws is essential for homeowners installing security systems, employers setting up workplace monitoring, and anyone who wants to protect their own privacy rights in Wisconsin.
Home Security Camera Laws in Wisconsin
Wisconsin law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and keeping an eye on their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.
Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front door and porch areas for monitoring visitors and package deliveries
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common living areas inside your home, such as living rooms and kitchens
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy. Under Wis. Stat. 942.08, a "private place" is defined as a place where a person may reasonably expect to be safe from being observed without their knowledge and consent.
Cameras are prohibited in these locations:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying or changing clothes
- Pointed directly into a neighbor's windows or interior living spaces
- Any area where someone is undressing or engaged in private activities
Installing a surveillance device in any private place, or using a surveillance device to observe in a private place, with the intent to observe any nude or partially nude person without that person's consent, is a Class A misdemeanor under Wis. Stat. 942.08(2). This carries up to 9 months in jail and a $10,000 fine.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras like Ring, Nest, and Arlo are legal in Wisconsin. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.
However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under Wisconsin law. Position your smart cameras to focus primarily on your own property and public areas.
Audio Recording on Home Security Cameras
Many modern security cameras include microphone capabilities. In Wisconsin, audio recording is governed separately from video recording under Wis. Stat. 968.31. Wisconsin follows a one-party consent rule, meaning you can record a conversation if you are a participant or if one party to the conversation has given prior consent.
For outdoor security cameras that pick up ambient sounds and conversations of passersby, the law is less clear. When you are home and interacting with someone at your door, you are a party to that conversation, and recording is permitted. If the camera picks up conversations between other people when you are not present or involved, this could violate the wiretapping statute. The safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress.
Workplace Surveillance Camera Laws in Wisconsin
Wisconsin does not have a specific statute governing workplace video surveillance. Employers in the state generally follow federal law, common-law privacy principles, and the general privacy protections found in Wis. Stat. 942.08 when installing cameras at work.
What Employers Can Do
Employers may install video surveillance cameras in the following areas:
- Lobbies, hallways, and reception areas for security purposes
- Parking lots to protect employees and company property
- Warehouses and production floors to monitor operations
- Cash register areas to prevent theft
- Loading docks and entry points for security
- Reception areas, break rooms, and conference rooms with legitimate business reasons
What Employers Cannot Do
Even without a specific workplace surveillance statute, employers face restrictions based on Wisconsin privacy law:
- Restrooms and changing areas are always off-limits for surveillance under Wis. Stat. 942.08
- Locker rooms and any space where employees change clothes are prohibited
- Any area where employees have a reasonable expectation of privacy cannot be monitored without notice
- Union meeting areas are protected under the National Labor Relations Act, and surveillance of union activities is prohibited
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities must comply with Wis. Stat. 968.31. Since Wisconsin is a one-party consent state, an employer cannot record private conversations between employees unless at least one party to the conversation has consented. The best practice for employers is to provide written notice to all employees that audio and video surveillance is in use and to obtain signed acknowledgments.
Employee Notification
While Wisconsin does not have a statutory requirement to notify employees of video-only surveillance, providing notice is strongly recommended. Clear marking of all cameras helps eliminate privacy expectation claims. A written surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. In unionized workplaces, video surveillance is a mandatory bargaining subject that requires negotiation with union representatives.
Hidden Cameras and Voyeurism Laws
Wisconsin takes hidden camera crimes seriously. The state has specific provisions addressing voyeurism and unauthorized recording of intimate images.
Wis. Stat. 942.08: Invasion of Privacy
Wisconsin Statute 942.08 defines a "surveillance device" as any device or instrument used for observing the activities of a person, including a peephole. The statute prohibits several specific acts.
Under subsection (2), it is a Class A misdemeanor to:
- Knowingly install a surveillance device in any private place, or use a surveillance device to observe in a private place, with the intent to observe a nude or partially nude person without that person's consent
- Look into a private place within a public accommodation for the purpose of sexual arousal or gratification
- Enter another person's property without that person's consent, or enter an enclosed or unenclosed common area of a multiunit dwelling or condominium, and look into a dwelling unit, but only if all four of the statute's conditions are met: the look is for the purpose of sexual arousal or gratification and with the intent to intrude upon or interfere with an individual's privacy, an individual is present in the part of the unit looked into, that individual has a reasonable expectation of privacy there, and that individual does not consent
Under subsection (3), it is a Class I felony to:
- Use any device to intentionally view, broadcast, or record under the outer clothing of an individual their genitals, pubic area, breast, or buttocks without that individual's consent (commonly known as "upskirting")
Under subsection (4), any Class A misdemeanor violation becomes a Class I felony when the victim is under 18 years old.
Wis. Stat. 942.09: Representations Depicting Nudity
Wisconsin Statute 942.09 addresses the capture, possession, and distribution of intimate images without consent. Key provisions include:
- Capturing an intimate representation of a person without their consent in a place where they have a reasonable expectation of privacy is a Class I felony
- Possessing or distributing non-consensual intimate material is a Class I felony
- Posting or publishing private representations without consent is a Class A misdemeanor
- Capturing nude images in locker rooms without consent is a Class A misdemeanor, escalating to a Class I felony if the images are distributed
- If the victim is under 18, capturing the image is elevated to a Class H felony (Wis. Stat. 942.09(2)(dr)), while posting or publishing it is elevated to a Class I felony (Wis. Stat. 942.09(3m)(am))
- Creating synthetic (AI-generated) intimate representations to coerce, harass, or intimidate is a Class I felony
A court may also order a person convicted of invasion of privacy under Wis. Stat. 942.08 to register with the Department of Corrections as a sex offender if the court determines the underlying conduct was sexually motivated.
Audio Recording Laws (One-Party Consent)
Wisconsin is a one-party consent state for audio recording. Wis. Stat. 968.31 governs the interception and disclosure of wire, electronic, and oral communications.
What the Law Says
It is unlawful to intentionally intercept, attempt to intercept, or procure any other person to intercept any wire, electronic, or oral communication. It is also unlawful to disclose the contents of any illegally intercepted communication or to intentionally alter any intercepted communication.
What One-Party Consent Means in Practice
If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place.
However, this exception applies only when the interception is not made "for the purpose of committing any criminal or tortious act." A person who records a conversation with the intent to use it for blackmail, extortion, or other illegal purposes does not receive the benefit of one-party consent.
You cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so is illegal wiretapping.
Penalties for Illegal Recording
Violating Wis. Stat. 968.31 is a Class H felony, punishable by up to 6 years in prison and a fine of up to $10,000.
Victims of illegal interception may also pursue civil remedies under Wis. Stat. 968.31(2m), including:
- Actual damages, or liquidated damages of $100 per day of violation (minimum $1,000), whichever is higher
- Punitive damages
- Reasonable attorney fees and litigation costs
Good faith reliance on a court order constitutes a complete defense to any civil or criminal action under this statute.
Exceptions to the Recording Law
- Law enforcement acting under color of law may intercept communications when the officer is a party to the communication or one party has given prior consent
- Communication service providers may intercept during normal employment activities related to service maintenance
- Pen registers and trap/trace devices authorized under Wis. Stat. 968.34 through 968.37
- Judicial authorization may permit wiretapping in certain criminal investigations under Wis. Stat. 968.28 through 968.30
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are common in Wisconsin. The law provides guidance on what is and is not permitted.
When a Neighbor's Camera Is Legal
A neighbor's security camera is generally legal if it:
- Is pointed at the neighbor's own property
- Captures public areas like sidewalks and streets
- Records only video (without audio) of areas in public view
- Does not peer into your windows or private enclosed spaces
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate Wisconsin law if it:
- Is deliberately aimed to look inside your home through windows
- Records your fully fenced backyard from an elevated position, capturing areas hidden from public view
- Records audio of your private conversations without your consent
- Is a hidden camera placed on your property without your knowledge
Wis. Stat. 942.08(2)(d) is narrower than it is often described. It makes it a Class A misdemeanor to enter another person's property without consent, or to enter an enclosed or unenclosed common area of a multiunit dwelling or condominium, and look into a dwelling unit, but only when every one of these conditions is also met: the person looks in for the purpose of sexual arousal or gratification and with the intent to intrude upon or interfere with an individual's privacy, an individual is present in the part of the unit being looked into, that individual has a reasonable expectation of privacy there, and that individual does not consent.
That is a voyeurism offense, not a general anti-snooping rule. A neighbor who steps onto your lawn to look at a camera, a fence line, or a property boundary does not commit this crime, and neither does a neighbor whose camera happens to capture part of your yard. If you believe a neighbor is watching you or your family for sexual purposes, that is when this subsection is in play, and it is a matter for the police rather than a conversation over the fence.
Steps to Resolve a Camera Dispute
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Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.
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Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.
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Send a written request. Ask your neighbor in writing to adjust the camera angle or position.
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Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Violations of Wis. Stat. 942.08 are criminal offenses.
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Pursue civil remedies. Under Wis. Stat. 995.50, you may bring a civil invasion of privacy claim for equitable relief, compensatory damages, and reasonable attorney fees if a neighbor's camera unreasonably invades your privacy.
Physical Solutions
You can also take steps to block a camera's view of your property:
- Install privacy fencing along your property line
- Plant tall hedges or trees to create natural barriers
- Use window film or curtains to block interior views
- Install your own cameras to document any intrusive behavior
Nanny Cam Laws in Wisconsin
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are subject to specific considerations under Wisconsin law.
Video-Only Nanny Cams
Wisconsin law permits the use of hidden video-only cameras in your own home. Since your home is your private property, you have the right to install cameras in common areas to monitor the safety of your children and the conduct of caregivers.
Where You Can Place a Nanny Cam
- Living rooms and family rooms where childcare takes place
- Kitchens and dining areas
- Playrooms and nurseries
- Hallways and entryways
Where You Cannot Place a Nanny Cam
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's private use (for live-in nannies)
- Any room where the caregiver changes clothes or has a reasonable expectation of privacy
Under Wis. Stat. 942.08, placing a camera in a private place to observe a nude or partially nude person without consent is a crime, regardless of whether the location is in your own home.
Audio on Nanny Cams
If your nanny cam records audio, Wisconsin's one-party consent law under Wis. Stat. 968.31 applies. Since you are not present during the conversations being recorded, and neither party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute. This is a Class H felony carrying up to 6 years in prison.
The safest approach is to either disable audio recording on the nanny cam or inform the caregiver in writing that audio and video recording takes place in the home. Providing written notice ensures that the caregiver has given implied consent by continuing to work in the home.
Nursing Home and Assisted Living Camera Laws
Wisconsin has no statute authorizing electronic monitoring in long-term care facilities. What exists is interpretive guidance from the Wisconsin Department of Health Services on the use of electronic recording, video monitoring, and filming equipment in assisted living. The guidance reads a resident monitoring right out of the general resident-rights statute, Wis. Stat. 50.09, which gives residents of nursing homes and community-based residential facilities the right to physical and emotional privacy in treatment, living arrangements, and personal care, together with the assisted living resident-rights rules, including Wis. Admin. Code DHS 83.32(3), which gives a community-based residential facility resident the right not to be recorded, filmed, or photographed without informed, written consent. Neither the statute nor the rule mentions cameras; the DHS guidance is what connects them to in-room monitoring.
For a fuller treatment of this topic, including how the guidance applies to skilled nursing facilities, see Wisconsin nursing home camera laws.
Resident Rights to Monitor
Under the DHS guidance, residents, tenants, and their legal representatives (health care agents, power of attorney holders, or guardians) have the right to install personal monitoring equipment in their own room or apartment. Because this right rests on agency guidance built on a general privacy statute rather than on a dedicated monitoring law, and because the document is written for assisted living providers rather than issued as a nursing home regulation, confirm with a specific facility how it applies there before installing a device.
Key expectations the guidance sets for resident-initiated monitoring include:
- Roommate consent is required if the room is shared
- A sign should be posted at the room entrance indicating that the room is electronically monitored
- Facilities cannot refuse admission or discharge a resident based on their desire to monitor
- Facilities cannot obstruct recordings or refuse to provide care because a monitoring device is present
- Annual reviews should occur with all parties involved
Where Facilities Can Place Cameras
Assisted living providers may install cameras in common areas that are properly posted:
- Parking areas and building entries/exits
- Employee-only zones and storage areas
- Hallways that do not lead to resident rooms
- Personnel offices inaccessible to residents
Where Facilities Cannot Place Cameras
The DHS guidance directs providers not to install monitoring in areas where residents expect privacy, even with written consent:
- Bedrooms and bathrooms
- Dining and therapy rooms
- Visiting areas, lounges, and activity spaces
- Hallways leading to resident rooms
Landlord and Tenant Camera Rules
Wisconsin law addresses surveillance cameras in the landlord-tenant context through its general privacy protections.
What Landlords Can Do
Landlords may install cameras in common areas of rental properties, including:
- Building entrances and exits
- Parking lots and garages
- Hallways and stairwells
- Lobby and mail areas
Landlords should post visible signage in common areas indicating that video surveillance is in use.
What Landlords Cannot Do
Landlords cannot install cameras inside a tenant's individual rental unit without the tenant's permission. The rental unit is the tenant's private space, and installing surveillance inside it would violate Wis. Stat. 942.08.
Landlords also cannot use surveillance cameras to harass tenants or to monitor tenant activities beyond legitimate security purposes.
Tenant Cameras
Tenants may generally install cameras inside their own rented unit. However, lease agreements may include provisions about modifications to the property, and tenants should review their lease or request written permission before installation.
HOA and Local Regulations
In addition to state law, homeowners in Wisconsin may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or local municipality.
HOA Camera Rules
Wisconsin does not have a statewide law governing HOA security camera policies. However, your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.
The HOA board has the authority to permit or deny owner requests to install cameras on common elements, including exterior surfaces of buildings. Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance.
Penalties Summary for Surveillance Violations in Wisconsin
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Invasion of privacy (surveillance in private place) | Wis. Stat. 942.08(2) | Class A Misdemeanor | Up to 9 months | $10,000 |
| Upskirting/recording under clothing | Wis. Stat. 942.08(3) | Class I Felony | Up to 3.5 years | $10,000 |
| Invasion of privacy (victim under 18) | Wis. Stat. 942.08(4) | Class I Felony | Up to 3.5 years | $10,000 |
| Capturing intimate images without consent | Wis. Stat. 942.09(2)(am) | Class I Felony | Up to 3.5 years | $10,000 |
| Capturing intimate images (victim under 18) | Wis. Stat. 942.09(2)(dr) | Class H Felony | Up to 6 years | $10,000 |
| Posting private representations (victim under 18) | Wis. Stat. 942.09(3m)(am) | Class I Felony | Up to 3.5 years | $10,000 |
| Posting private representations without consent | Wis. Stat. 942.09(3m) | Class A Misdemeanor | Up to 9 months | $10,000 |
| Illegal wiretapping/interception | Wis. Stat. 968.31 | Class H Felony | Up to 6 years | $10,000 |
| Nude recording in locker rooms | Wis. Stat. 942.09(5) | Class A Misdemeanor | Up to 9 months | $10,000 |
| Distributing locker room recordings | Wis. Stat. 942.09(5)(b) | Class I Felony | Up to 3.5 years | $10,000 |
Real Estate Showing Camera Laws
Wisconsin has a unique statute addressing surveillance during real estate showings. Under Wis. Stat. 995.60, a property owner may use a surveillance device to observe or record individuals present during a private showing, open house, or other viewing connected to selling the property.
However, there are important restrictions:
- Cameras cannot be placed in bathrooms or washrooms during showings
- The owner cannot copy, sell, broadcast, post, publish, distribute, or share the recordings except under a court order or at the request of law enforcement investigating criminal conduct
Related Wisconsin Camera and Privacy Laws
- Wisconsin Recording Laws covers the consent rule that governs camera audio in Wisconsin.
- Wisconsin Security Camera Recording Rules explains the recording-law side of camera use.
- Wisconsin Biometric Privacy Laws addresses facial recognition and biometric data.
- Wisconsin Ring Doorbell Laws covers video doorbell rules in Wisconsin.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
More Wisconsin Laws
Frequently Asked Questions
Are home security cameras legal in Wisconsin?
Yes. Wisconsin homeowners can legally install security cameras on their own property. Cameras may record outdoor areas such as driveways, porches, and yards, as well as common indoor areas like living rooms and kitchens. However, cameras cannot be placed in areas where others have a reasonable expectation of privacy, such as bathrooms, guest bedrooms, or aimed directly into a neighbor's home. Under Wis. Stat. 942.08, installing a surveillance device in a private place to observe a nude or partially nude person without consent is a Class A misdemeanor punishable by up to 9 months in jail and a $10,000 fine.
Can my neighbor legally point a security camera at my house in Wisconsin?
It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks or streets, even if your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a fully fenced backyard where you have a reasonable expectation of privacy, it could violate Wis. Stat. 942.08. That statute is narrow: it requires either the intent to observe a nude or partially nude person without consent, or, for the trespass-and-look offense in 942.08(2)(d), that the person looked into a dwelling unit for the purpose of sexual arousal or gratification while an individual was present inside. An intrusive camera angle by itself is usually a civil and neighborly problem rather than a crime. You can ask the neighbor to adjust the camera angle, file a police report, or pursue civil remedies under Wis. Stat. 995.50 for invasion of privacy.
Is it legal to use a nanny cam in Wisconsin?
Yes, you can use a video-only nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. Cameras cannot be placed in bathrooms or private bedrooms used by the caregiver. If the nanny cam records audio, you must comply with Wisconsin's one-party consent law under Wis. Stat. 968.31. Since you are not present during the recorded conversations, the safest approach is to inform the caregiver in writing that audio and video recording takes place in the home, or disable the audio feature entirely.
Can my employer record me at work with security cameras in Wisconsin?
Wisconsin does not have a specific workplace surveillance statute, but employers may generally install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. Cameras are prohibited in restrooms, locker rooms, and other spaces where employees have a reasonable expectation of privacy under Wis. Stat. 942.08. If cameras record audio, employers must comply with Wis. Stat. 968.31, which requires at least one party to a conversation to consent to the recording.
What are the penalties for illegal surveillance in Wisconsin?
Penalties depend on the specific violation. Installing a surveillance device in a private place to observe a nude or partially nude person under Wis. Stat. 942.08 is a Class A misdemeanor (up to 9 months in jail, $10,000 fine). Upskirting or recording under clothing is a Class I felony (up to 3.5 years in prison, $10,000 fine). Illegal wiretapping under Wis. Stat. 968.31 is a Class H felony (up to 6 years in prison, $10,000 fine). Violations involving victims under 18 are elevated to higher felony classifications. Victims may also pursue civil damages including actual damages or liquidated damages of $100 per day (minimum $1,000), punitive damages, and attorney fees.
Updates
Corrected the description of Wis. Stat. 942.08(2)(d), which requires that the person look into the dwelling for the purpose of sexual arousal or gratification while an individual is present, added the statutory and administrative-code basis for the assisted living monitoring rules, and fixed two internal links that pointed to an unrelated ankle-monitor page.
Corrected the penalty grading for intimate-image violations involving minors (capture vs. posting carry different felony classes).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Restored the 'intent to observe nudity' element that Wis. Stat. 942.08(2)(a) requires for BOTH the installation and use clauses (fixed everywhere it was dropped: the statute walkthrough, the bullet list, the FAQ, the lead paragraph, and KeyTakeaways), and de-anchored the nursing-home 'granny cam' rules (roommate consent, signage, non-refusal of admission) from Wis. Stat. 50.09, whose text does not contain them.
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 942: Crimes Against Reputation, Privacy And Civil Liberties
§ 942.08Invasion of privacy.In forcecited in 13 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) · last checked 2026-08-31 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Wisconsin courts have applied Wis. Stat. 942.08 to hidden surveillance of nudity. Gillund v. Meridian Mutual Insurance (2009) concluded that secretly videotaping a houseguest violated 942.08(2) and that, unlike the civil privacy statute, it requires specific intent. State v. Jahnke (2008) described 942.08 as addressing live viewing.
Opinions citing this section in our collection:
- Gillund v. Meridian Mutual Insurance (Court of Appeals of Wisconsin 2009, 323 Wis. 2d 1)✓An uncle secretly videotaped his niece undressed in his home; applying Wis. Stat. 942.08(2) (1999-2000), the court held his admitted conduct violated the criminal invasion of privacy statute even though he was never convicted, so the penal-law exclusion barred coverage.
- State v. Culver (Court of Appeals of Wisconsin 2018, 384 Wis. 2d 222)✓Convicted of posting nude photos of a woman online, Culver attacked the definition of "nude or partially nude person" that the post-or-publish statute borrows from Wis. Stat. 942.08(1)(a); the court declined to analyze it in detail and said it reasonably tracked common usage.
- State v. Jahnke (Court of Appeals of Wisconsin 2008, 316 Wis. 2d 324)“…nces. As the State points out, at least one other statute, Wis. Stat. § 942.08 , our "Peeping Tom" law, addresses live…”
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 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 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 Video Recording Laws: Surveillance, Filming, and Privacy Rules (2026), Wisconsin Voyeurism and Hidden Camera Laws: Privacy Crimes and Penalties (2026), Wisconsin Smart Glasses Recording Laws
Wisconsin Statutes, Chapter 968: Commencement Of Criminal Proceedings
§ 968.31Interception and disclosure of wire, electronic or oral communications prohibited.In forcecited in 22 of our articles
(1) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in this section is guilty of a Class H felony: (a) Intentionally intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept, any wire, electronic or oral communication. (b) Intentionally uses, attempts to use or procures any other person to use or attempt to use any electronic, mechanical or other device to intercept any oral communication. (c) Discloses, or attempts to disclose, to any other person the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section or under circumstances constituting violation of this section. (d) Uses, or attempts to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this section or under circumstances constituting violation of this section.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Maloney held recordings made with one party's prior consent fall under Section 968.31(2)(b) and (c), and that aiding a police sting is not an "injurious act." State v. Gilmore pointed to 968.31(2m) damages and 968.31(1)(e) penalties, reserving suppression for illegal interceptions.
Opinions citing this section in our collection:
- State v. Maloney (Wisconsin Supreme Court 2005, 281 Wis. 2d 595)✓A homicide suspect's girlfriend let police record her hotel room conversations with him in Las Vegas; the court held the videotapes lawful under 968.31(2)(b) and (c) because she was a consenting party, and that helping a lawful sting is not an injurious act.
- State v. Popenhagen (Wisconsin Supreme Court 2008, 309 Wis. 2d 601)“…Arnold, 51 Wis.2d at 442 , 187 N.W.2d 354 (citing Wis. Stat. § 968.31 (2)(b)). However, in considering all th…”
- State v. Gilmore (Wisconsin Supreme Court 1996, 201 Wis. 2d 820)✓Prosecutors filed a public complaint quoting 27 pages of lawfully wiretapped calls; the court held the unsealed filing violated the surveillance law but refused suppression, pointing to the civil action in 968.31(2m) and the criminal penalty in 968.31(1)(e) as the remedies.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: One-Party Consent States: Complete 2026 Guide, Wisconsin Security Camera Laws: Home, Business, and HOA Rules (2026), Wisconsin Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
§ 968.28Application for court order to intercept communications.In forcecited in 2 of our articles
The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing or approving the interception of wire, electronic or oral communications. The chief judge may under s. 968.30 grant an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70, sexual exploitation of a child under s. 948.05, trafficking of a child under s. 948.051, child enticement under s. 948.07, grooming of a child for sexual activity under s.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Sveum (Wisconsin Supreme Court 2010, 328 Wis. 2d 369)“…ception of wire, electronic, or oral communications, see Wis. Stat. §§ 968.28-968.31 , and the installation and use o…”
- State v. House (Wisconsin Supreme Court 2007, 302 Wis. 2d 1)“…ed in authorizing a wiretap for offenses not enumerated in Wis. Stat. § 968.28 . I write separately because I read "de…”
- State Ex Rel. Two Unnamed v. Peterson (Wisconsin Supreme Court 2015, 363 Wis. 2d 1)“…der, and kidnapping to soliciting a child for prostitution, Wis. Stat. § 968.28, and such orders may not exceed 30 days…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Ring Doorbell Laws: What You Need to Know in 2026
§ 968.34Use of pen register or trap and trace device restricted.In force
(1) Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under s. 968.36 or 18 USC 3123 or 50 USC 1801 to 1811. (2) The prohibition of sub. (1) does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service: (a) Relating to the operation, maintenance and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; (b) To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or (c) Where the consent of the user of that service has been obtained. (2m) The prohibition of sub. (1) does not apply to a telephone caller identification service authorized under s. 196.207 (2). (3) Whoever knowingly violates sub.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- State v. Sveum (Wisconsin Supreme Court 2010, 328 Wis. 2d 369)“…nd use of a pen register or a trap and trace device, see Wis. Stat. §§ 968.34-968.37 . See also 18 U.S.C. § 3117…”
- State v. Bobby L. Tate (Wisconsin Supreme Court 2014, 357 Wis. 2d 172)“…ained prior judicial authorization for the tracking. See Wis. Stat. § 968.34 (2)(a) (prohibiting the use of a pen re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wisconsin Statutes, Chapter 995: Miscellaneous Statutes
§ 995.50Right of privacy.In forcecited in 6 of our articles
(1) The right of privacy is recognized in this state. One whose privacy is unreasonably invaded is entitled to the following relief: (a) Equitable relief to prevent and restrain such invasion, excluding prior restraint against constitutionally protected communication privately and through the public media; (b) Compensatory damages based either on plaintiff’s loss or defendant’s unjust enrichment; and (c) A reasonable amount for attorney fees. (2) (am) In this section, “invasion of privacy” means any of the following: 1. Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, except as provided under par. (bm), in a place that a reasonable person would consider private, or in a manner that is actionable for trespass. 2. The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 43 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- H&R Block Eastern Enterprises, Inc. v. Swenson (Court of Appeals of Wisconsin 2007, 307 Wis. 2d 390)“…alleging a violation *395 of privacy under Wis. Stat. § 995.50 . 2 H&R Block asserts that…”
- Gillund v. Meridian Mutual Insurance (Court of Appeals of Wisconsin 2009, 323 Wis. 2d 1)“…lso 2005 Wis. Act 155, § 51 (renumbering § 895.50 to Wis. Stat. § 995.50 ). Wisconsin Stat. § 995.50(2)(a)-(d),…”
- Dumas v. Koebel (Court of Appeals of Wisconsin 2013, 352 Wis. 2d 13)“…very; (2) Dumas' invasion of privacy claim is precluded by Wis. Stat. § 995.50 (2)(c) (2011-12) 1 because the informa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Data Privacy Laws: Breach Notification & Consumer Rights (2026), Wisconsin Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Wisconsin GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 995.60Use of surveillance devices in connection with real estate sales.In force
(1) Definitions. In this section: (a) “Real estate” means land and the improvements to the land. (b) “Record” means to take a photograph, to make a motion picture, videotape, audiotape, recording, or other visual or audio representation, or to record or store in any medium data that represents a visual image or sound recording. (c) “Representation” means a photograph, exposed film, motion picture, videotape, audiotape, recording, other visual or audio representation, or data that represents a visual image or audio recording. (d) “Surveillance device” means a camera, audio or video recorder, or any other device that may be used to observe, record, or transfer sounds or images. (2) Use of surveillance devices. Except as provided under sub. (3), an owner of real estate may use a surveillance device in or on the real estate to observe or record an individual who is present in or on the real estate for a private showing, open house, or other viewing of the real estate in connection with the owner’s attempt to sell the real estate. (3) Prohibited uses. (a) An owner of real estate may not use a surveillance device under sub. (2) in a bathroom or washroom. (b) 1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Wisconsin Statutes, Chapter 939: Crimes
§ 939.50Classification of felonies.In forcecited in 8 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) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 95 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Lechner (Wisconsin Supreme Court 1998, 217 Wis. 2d 392)“…ce to the penalty structure the legislature established in Wis. Stat. §§ 939.50 through 939.52. "While the word 'serio…”
- State v. Gerald D. Taylor (Wisconsin Supreme Court 2013, 347 Wis. 2d 30)“…mum term of imprisonment for a Class H felony is six years. Wis. Stat. § 939.50(3)(h)——(i).…”
- State v. Head (Wisconsin Supreme Court 2002, 255 Wis. 2d 194)“…s two-element offense was punishable by life imprisonment. Wis. Stat. § 939.50 (3)(a) (1985-86). ¶ 56. Section 940.0…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Many Years for Second Degree Murder? Sentences by State (2026), Wisconsin Recording Laws (2026): One-Party Consent Rules, Wisconsin Child Support Laws (2026): Guidelines & Calculator
§ 939.51Classification of misdemeanors.In forcecited in 3 of our articles
(1) Misdemeanors in chs. 939 to 951 are classified as follows: (a) Class A misdemeanor. (b) Class B misdemeanor. (c) Class C misdemeanor. (2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951. (3) Penalties for misdemeanors are as follows: (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. (b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. (c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Williams (Wisconsin Supreme Court 2000, 236 Wis. 2d 293)“…10,000 or imprisonment not to exceed 9 months or both. See Wis. Stat. § 939.51 (3)(a). A technical amendment to § 939.…”
- State v. Hamdan (Wisconsin Supreme Court 2003, 264 Wis. 2d 433)“…d $10,000 or imprisonment not to exceed 9 months, or both. Wis. Stat. § 939.51 (3)(a). All subsequent references to…”
- State v. Bonds (Wisconsin Supreme Court 2006, 292 Wis. 2d 344)“…misdemeanor that has maximum imprisonment of nine months. Wis. Stat. § 939.51 (3)(a). Therefore, even with the repeat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Wisconsin Statute 942.08: Invasion of Privacy(docs.legis.wisconsin.gov).gov
- Wisconsin Statute 942.09: Representations Depicting Nudity(docs.legis.wisconsin.gov).gov
- Wisconsin Statute 968.31: Interception and Disclosure of Communications(docs.legis.wisconsin.gov).gov
- Wisconsin Statute 995.50: Right of Privacy(docs.legis.wisconsin.gov).gov
- Wisconsin Statute 995.60: Surveillance Devices in Real Estate Sales(docs.legis.wisconsin.gov).gov
- Wisconsin DHS: Guidance for Electronic Recording and Video Monitoring in Assisted Living(dhs.wisconsin.gov).gov
- Wisconsin Statute 939.51: Classification of Misdemeanors(docs.legis.wisconsin.gov).gov
- Wisconsin Statute 939.50: Classification of Felonies(docs.legis.wisconsin.gov).gov
- Reporters Committee for Freedom of the Press: Wisconsin Recording Guide(rcfp.org)
- Wis. Stat. 50.09: Rights of Residents in Certain Facilities(docs.legis.wisconsin.gov)
- Wis. Admin. Code DHS 83.32(3): Rights of Residents in Community-Based Residential Facilities(docs.legis.wisconsin.gov)