Privacy – Defense

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Wisconsin Court of Appeals

Criminal

Privacy – Defense

Having a legitimate reason to record a nude person is not a defense to Wis. Stats. Sec. 942.09.

“Charles Adams was convicted of capturing a representation that depicts nudity without the knowledge or consent of the person who is depicted nude, see WIS. STAT. § 942.09(2)(am)1. (2013-14), following a guilty verdict by a jury, for videotaping his sexual activity with a prostitute. Adams argues that he had a legitimate reason to videotape the woman, to memorialize their illicit encounter in case she overdosed on drugs or later accused him of beating her up. Adams cannot use his choice to surreptitiously videotape a nude person with whom he was engaging in criminal activity as a shield against further crimes. The victim did not relinquish her reasonable expectation of privacy by engaging in commercial sexual activity. Recording a nude person for legitimate reasons is not an element the State has to disprove and Adams’s reasons are no defense to the crime. We affirm.”

Affirmed.

Recommended for publication in the official reports.

2014AP1158-CR State v. Adams

Dist. II, Winnebago County, Key, J., Neubauer, J.

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