Taking Legal Action Against Revenge Porn and Deepfake Harassment in Wisconsin

Understanding Wisconsin's Revenge Porn Laws

Having a private, intimate image shared online without your permission is a devastating violation of privacy. In Wisconsin, the law takes this incredibly seriously. Under Wis. Stat. § 942.09(2)(am)1, capturing an intimate representation depicting nudity without consent where there is a reasonable expectation of privacy is a Class I felony. When an intimate image shared consensually in private is subsequently published or posted without permission, it constitutes nonconsensual disclosure under Wis. Stat. § 942.09(3m)(a), which is a Class A misdemeanor (or a Class I felony under Wis. Stat. § 942.09(3m)(am) if the victim is a minor). Beyond criminal charges, victims have powerful civil tools at their disposal to force websites to remove the content and to sue the person responsible. If you live in Milwaukee, Madison, or anywhere in Wisconsin, you do not have to suffer in silence.

Disgruntled Ex-Partners Sharing Private Texts

The most common scenario involves a bitter ex-partner attempting to exact revenge by texting intimate photos to your friends, family, or employer. Even if you originally consented to the photo being taken during the relationship, you did not consent to its public distribution. The moment they share that image, they violate Wisconsin law. The court treats this as an extreme form of emotional abuse and civil harassment.

Extortion and Sextortion Schemes

Sometimes, the perpetrator demands money or further sexual favors to stop them from releasing the images. This is known as sextortion. Under Wis. Stat. § 943.30, threatening to maliciously injure someone's reputation to extort money is a Class H felony. If you are receiving these threats, do not pay the ransom. Paying rarely stops the harassment. Instead, this severe threat provides immediate grounds for an emergency court order.

AI-Generated Deepfakes

Technology has created a terrifying new avenue for harassment: deepfakes. Malicious actors can use artificial intelligence to superimpose your face onto explicit imagery. Even though the body is not yours, the harm is severe. Under 2025 Wisconsin Act 34, codified at Wis. Stat. § 942.09(2)(am)4, posting, publishing, distributing, or exhibiting a synthetic intimate representation of an identifiable person with intent to coerce, harass, or intimidate is a Class I felony. Victims can seek emergency civil injunctions alongside criminal prosecution to shut down creators and distributors of AI-generated explicit media.

Step-by-Step Process to Stop the Harassment

Taking back control requires fast, decisive legal action. You can navigate the civil court system to secure your privacy while local police handle the criminal investigation.

Step 1: Gathering Digital Evidence

Your instinct might be to delete the messages and try to forget they exist. Do not delete anything. Take screenshots of the threats, the posts, the text messages, and the profiles sharing the content. If the images are hosted on a website, save the exact URLs. This digital paper trail is the exact evidence your attorney needs to present to a judge.

Step 2: Filing for an Emergency Injunction

Your lawyer will file Form CV-405, Wisconsin, Circuit Court, Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Harassment) under Wis. Stat. § 813.125, or Form CV-402, Wisconsin, Circuit Court, Petition for Temporary Restraining Order and/or Petition and Motion for Injunction Hearing (Domestic Abuse) under Wis. Stat. § 813.12 if the harassment involves an ex-partner or dating relationship. This petition can be filed at the Milwaukee County Circuit Court, Milwaukee or the Dane County Circuit Court, Madison. To protect your identity and reputation, your attorney can request that the court seal the records or allow you to file as a 'Jane Doe' or 'John Doe'. The judge can issue an immediate Temporary Restraining Order (TRO) demanding the perpetrator take down the images and cease all contact.

Step 3: Suing for Civil Damages

Once the immediate bleeding is stopped, you can file a civil lawsuit for invasion of privacy and intentional infliction of emotional distress. A successful lawsuit can force the abuser to pay you significant monetary damages for the humiliation, therapy costs, and any lost wages or career damages you suffered due to their malicious actions.

How Much Does a Lawsuit Cost?

Filing for protection has some costs, but courts often waive filing fees for victims of abuse and harassment.

How Long Does the Process Take?

A judge can review your petition for a Temporary Restraining Order and sign it within 24 hours of filing. However, the TRO is only valid for up to 14 days. You must then attend a formal injunction hearing where the judge will decide whether to extend the protective order for up to four years. A full civil lawsuit for financial damages, on the other hand, can take 12 to 18 months to reach a settlement or trial.

Frequently Asked Questions (FAQ)