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    Wisconsin Court Considers Legality of Secret Recording of Consensual Sex, Nudity

    Various news sources are reporting on a case involving a man’s secret taping of sex with his girlfriend and of her walking around nude in his home. A Wisconsin appeals court is reviewing the case where the man argues that the woman had no expectation of privacy because she consented to be nude around him. The woman and the prosecution argue that his actions violated the state’s anti-video voyeurism law and her consent to relations with him did not automatically presume consent to being secretly taped by him.

    A number of states have such anti-video voyeurism laws. There is also the federal Video Voyeurism Protection  Act of 2004, which prohibits the knowing “capture [of] an image of a private area of an individual without their consent.”

    The Wisconsin anti-video voyeurism law (pdf) makes it a felony to “Capture a representation that depicts nudity without the knowledge and consent of the person who is depicted nude while that person is nude in a circumstance in which he or she has a reasonable expectation of privacy, if the person knows or has reason to know that the person who is depicted nude does not know of and consent to the capture of the representation.”

    The Chicago Tribune reports:

    “Walking around nude in one’s own bedroom, even in the knowing presence of one’s boyfriend, is perhaps the prototypical example of a circumstance in which the nude person is not expecting to be taped without knowledge and consent, even by the boyfriend,” Assistant Attorney General James Freimuth wrote.

    The case tests Wisconsin’s video voyeur law, most recently enacted in 2001 as inexpensive recording devices spawned Internet fetish and voyeur sites.

    […]

    Jahnke pleaded guilty in April 2007 to one count of filming Stillwell nude without her consent, a felony. Two other charges were dropped.

    Jahnke, who did not distribute the recordings, was sentenced to three years’ probation and six months in jail, with sentence stayed pending appeal. Waunakee school officials voted to terminate his employment, then negotiated his resignation from the district.

    A three-judge panel of the 4th District Court of Appeals received briefs on the case in the spring. There is no set schedule for the court to release its decision.

    The couple had been dating for three years. After she learned of the secret recording, the victim says she became “frightened everywhere I was” and severely depressed.

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