Wisconsin Appeals Court bolsters state video voyeur law

The AP reports: “A state appeals court ruled Tuesday that a person who is voluntarily nude in the presence of another still has privacy rights against being secretly videotaped, in a decision that bolsters Wisconsin’s video voyeur law.”

Wisconsin v. Jahnke, No. 2007AP2130-CR (Wis. App. Dec. 30, 2008) (pdf version)

APPEAL from a judgment of the circuit court for Portage County: Frederic W. fleishauer, Judge. Affirmed. Before Higginbotham, P.J., Dykman and Lundsten, JJ.

LUNDSTEN, J. Mark Jahnke was convicted of secretly videotaping his girlfriend, without her consent, while she was nude. Wisconsin Stat. § 942.09(2)(am)1. (2007-08)[1] makes it a felony to record another person in the nude, without the knowledge and consent of that person, “in a circumstance in which [the recorded person] has a reasonable expectation of privacy.” Jahnke argues that his girlfriend did not have a “reasonable expectation of privacy” within the meaning of the statute. We disagree, and affirm the circuit court.