Wisconsin Statutes

Wis. Stat. § 942.08 (2026)

Invasion of privacy

✓ current as of July 2026

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942.08942.08 Invasion of privacy.

942.08(1)(1) In this section:

942.08(1)(a)(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.

942.08(1)(b)(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.

942.08(1)(c)(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.

942.08(2)(2) Except as provided in sub. (4), whoever does any of the following is guilty of a Class A misdemeanor:

942.08(2)(a)(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.

942.08(2)(b)(b) For the purpose of sexual arousal or gratification and without the consent of each person who is present in the private place, looks into a private place that is, or is part of, a public accommodation, as defined in s. 134.48 (1) (b), and in which a person may reasonably be expected to be nude or partially nude.

942.08(2)(c)(c) For the purpose of sexual arousal or gratification, looks into a private place that is, or is part of, a public accommodation, as defined in s. 134.48 (1) (b), and in which a person may reasonably be expected to be nude or partially nude but in which no person is present.

942.08(2)(d)(d) Enters another person’s private property without that person’s consent or enters an enclosed or unenclosed common area of a multiunit dwelling or condominium and looks into any individual’s dwelling unit if all of the following apply:

942.08(2)(d)1.1. The actor looks into the dwelling unit for the purpose of sexual arousal or gratification and with the intent to intrude upon or interfere with an individual’s privacy.

942.08(2)(d)2.2. The actor looks into a part of the dwelling unit in which an individual is present.

942.08(2)(d)3.3. The individual has a reasonable expectation of privacy in that part of the dwelling unit.

942.08(2)(d)4.4. The individual does not consent to the actor looking into that part of the dwelling.

942.08(3)(3) Whoever knowingly installs or uses any device, instrument, mechanism, or contrivance to intentionally view, broadcast, or record under the outer clothing of an individual that individual’s genitals, pubic area, breast, or buttocks, including genitals, pubic area, breasts, or buttocks that are covered by undergarments, or to intentionally view, broadcast, or record a body part of an individual that is not otherwise visible, without that individual’s consent, is guilty of a Class I felony.

942.08(4)(4) A person who commits a violation specified under sub. (2) is guilty of a Class I felony if a victim of the violation had not, at the time of the violation, attained the age of 18 years.

942.08 HistoryHistory: 1997 a. 271; 2003 a. 50; 2007 a. 198; 2015 a. 80, 292, 320; 2017 a. 365 s. 110.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 2003–2026 · leading case: Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009).

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Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009). · cites it 19× “The assistant district attorney's motion further explained that the State also considered charging *8 Pfeiffer with Wis. Stat. § 942.08 (1999-2000), Invasion of Privacy, but the charge was a misdemeanor and the statute of limitations for misdemeanors, three years, had run by the…”

State v. Culver, 918 N.W.2d 103 (Wis. Ct. App. 2018). · cites it 3× “"Nude or partially nude person" and "[s]exually explicit conduct" are defined in Wis. Stat. §§ 942.08 (1)(a) and 948.01(7), respectively.”

State v. Jahnke, 2009 WI App 4 (Wis. Ct. App. 2008). · cites it 3× “" By placing limits on the ability of others to record, the statute protects a person's interest in limiting, as to time, place, and persons, the viewing of his or her nude body.”

Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010). “Code § 61-8-28(a)(1); Wis. Stat. § 942.08 (l)(a). The meaning of the phrase “clad both above and below the waist” is similarly apparent: Papermoon’s dancers may not dance “topless” or “bottomless.”

State v. Forster, 2003 WI App 29 (Wis. Ct. App. 2003). · cites it 2× “) Also, Wis. Stat. § 942.08 , which addresses invasion of privacy, provides in para.”

State v. Jeffrey T. Ziegler (Wis. Ct. App. 2020). · cites it 6× “§ 942.08(2)(d). The judgments and order are affirmed.”

Gordon v. Royston (E.D. Wis. 2023). · cites it 2× “Wis. Stat. §§ 942.08 (2)(a). But state law violations do not implicate a federal substantive due process violation.”

E. K. v. Scott T. Blood (Wis. Ct. App. 2022). “Blood was placed under arrest and was charged with sexual exploitation of a child contrary to WIS.”

United States v. Watkins (10th Cir. 2026). “Watkins MORITZ, Circuit Judge, dissenting from the denial of rehearing en banc. This court has missed its opportunity to correct a significant and unwarranted erosion of Fourth Amendment protections.”

— Wis. Stat. § 942.08(1)(a) — 1 case

State v. Culver, 918 N.W.2d 103 (Wis. Ct. App. 2018). “"Nude or partially nude person" and "[s]exually explicit conduct" are defined in Wis. Stat. §§ 942.08 (1)(a) and 948.01(7), respectively.”

— Wis. Stat. § 942.08(2) — 1 case

Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009). “The assistant district attorney's motion further explained that the State also considered charging *8 Pfeiffer with Wis. Stat. § 942.08 (1999-2000), Invasion of Privacy, but the charge was a misdemeanor and the statute of limitations for misdemeanors, three years, had run by the…”

— Wis. Stat. § 942.08(2)(a) — 2 cases

Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009). “The assistant district attorney's motion further explained that the State also considered charging *8 Pfeiffer with Wis. Stat. § 942.08 (1999-2000), Invasion of Privacy, but the charge was a misdemeanor and the statute of limitations for misdemeanors, three years, had run by the…”

E. K. v. Scott T. Blood (Wis. Ct. App. 2022). “Blood was placed under arrest and was charged with sexual exploitation of a child contrary to WIS.”

— Wis. Stat. § 942.08(2)(b) — 1 case

Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009). “The assistant district attorney's motion further explained that the State also considered charging *8 Pfeiffer with Wis. Stat. § 942.08 (1999-2000), Invasion of Privacy, but the charge was a misdemeanor and the statute of limitations for misdemeanors, three years, had run by the…”

— Wis. Stat. § 942.08(2)(d) — 1 case

State v. Jeffrey T. Ziegler (Wis. Ct. App. 2020). “§ 942.08(2)(d). The judgments and order are affirmed.”

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