Taking photos of kids when they’re young and as they grow up is a parent’s greatest joy. From the time they’re born, most kids are carefully photographed at every semi-major life event. Most photos are concentrated during the first three or so years of the child’s life. It’s not uncommon for some of these photos to show the child either partially nude or fully nude.
Obviously, it is illegal to possess or manufacture child pornography, but current Wisconsin law protects parents by allowing them to have and take nude baby photos of their children. This exception to the law has been around for many years, but State Representative John Jagler is claiming the exemption is too broad.
In his appeal for more restrictive laws Jagler tells a story of a Wisconsin man who secretly recorded his daughter while she was nude. The man was a registered sex offender and was being monitored, but because of the current language of the law police were not able to make an arrest.
The main reason the man was not arrested is that the content of the video was not overtly sexual, and this is an area Jagler wants to address. The exemption for parents, “would still be there, but it would say if your intent or use of these photos is for sexual gratification…that gives prosecutors a tool that they can use to charge.”
This proposal would create a fair amount of grey area, and Jagler acknowledges that. He insists he isn’t going to break down your front door and take all your baby photos. The goal of the proposed new law is to give law enforcement the ability to go after people who are acting outside of the intent of the exemption.
The bill hasn’t been voted on yet, so only time will tell if changes will actually be made.