Democratic lawmakers propose penalties for sending unsolicited lewd images

Molly Beck
Milwaukee Journal Sentinel

Two Democratic lawmakers are proposing to create penalties for anyone who sends an unsolicited lewd photo of themselves to someone else — unexpected photos that can shock recipients and are often viewed as harassment or abuse. 

Sen. Melissa Agard of Madison and Rep. Lee Snodgrass of Appleton also are proposing a second bill that would create a civil course of action against someone who removes a sexual protection device like a condom without the knowledge of their sexual partner. 

The legislation seeks to promote sexual consent and reduce harassment and abuse, the lawmakers said. 

“It is time to get serious about consent, sexual assault, and sexual harm," Agard said in a statement. "There are victims and predators, and these bills address clear sexual crimes. Everyone in our communities deserves to be treated with dignity and respect."

One bill would create penalties of up to $500 for anyone who knowingly sends an unsolicited "obscene or sexually explicit image by electronic means, specifically any image depicting a person engaging in an act of sexual intercourse or masturbation or depicting the exposed genitals or anus of any person," according to analysis from the nonpartisan Legislative Reference Bureau. 

A person who violates the law faces a forfeiture amount of up to $250 for the first violation and up to $500 for subsequent offenses. A person under the age of 18 faces a written warning for their first offense and a penalty of up to $250 for subsequent offenses. 

The bill also allows recipients to sue people who send the unsolicited photos. 

"Sending unsolicited, graphic sexual images electronically can be extremely violating receiving those unwanted images for a variety of reasons," Snodgrass said. "This bill provides a deterrent for such images to be sent without consent and discourages sexually predatory behavior."

A 2019 study published in The Journal of Sex Research of about 1,000 men responding to an online survey concluded men who reported sending unsolicited photos demonstrated "higher levels of narcissism and endorsed greater ambivalent and hostile sexism than their non-sending counterparts."

Agard and Snodgrass are also proposing a bill that would create an avenue to sue people who intentionally remove or tamper with a sexually protective device like a condom during intercourse without their partner's knowledge. 

The bill defines a sexually protective device as a male or female condom, spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or any other physical device intended to prevent pregnancy or sexually transmitted infection.

Agard introduced a similar bill in 2017 that died in committee that would classify the act of removing a condom without permission as a sexual assault. 

Neither proposal addresses a situation during which a woman lied about being on birth control or a man tampering with a woman's birth control pills. 

Contact Molly Beck at molly.beck@jrn.com. Follow her on Twitter at @MollyBeck.