Creating a civil cause of action for sexual extortion, the official text

2025 - 2026 LEGISLATURE
LRB-5813/1
MJW:skw

2025 ASSEMBLY BILL 923
January 28, 2026 - Introduced by Representatives B. Jacobson, Snyder, Mursau, Behnke, Brill, Dittrich, Gundrum, Knodl, Kreibich, Maxey, Moses, Murphy, O'Connor, Piwowarczyk, Spiros and Tittl, cosponsored by Senators James, Quinn and Wanggaard. Referred to Committee on Judiciary.

An Act to create 895.439 of the statutes; relating to: creating a civil cause of action for sexual extortion.

Analysis by the Legislative Reference Bureau
This bill creates a civil cause of action for victims of sexual extortion, which is also a crime. Under the bill, a victim of sexual extortion, or his or her parent if the victim is a child, or the personal representative of his or her estate if the victim is deceased, may bring a civil cause of action to recover damages for injury, emotional distress, or loss of property. Additionally, the bill provides that the personal representative of a deceased person or the person who would stand to benefit from a wrongful death action may bring an action for wrongful death against a person who engaged in sexual extortion if the sexual extortion was a substantial causal factor in the suicide of the deceased person. Under the bill, the victim or their representative may bring the cause of action regardless of whether there has been a criminal action for the sexual exploitation, and regardless of the outcome of any criminal action for the sexual exploitation.
Under the bill, if the victim prevails in the action, a court may award special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation which were reasonably incurred.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 895.439 of the statutes is created to read:
895.439 Sexual extortion; actions for. (1) Any person who suffers physical injury to his or her person, emotional distress, or loss of his or her property by reason of conduct that is prohibited under s. 942.095 has a civil cause of action against the person who caused the physical injury, emotional distress, or loss. An action under this subsection may be brought by the person who suffered the physical injury, emotional distress, or loss, by the person’s parent or legal guardian if the person is a child, or by the personal representative of the person’s estate if the person is deceased.
(2) The personal representative of the estate of a deceased person whose death results from suicide, or the person to whom the amount recovered belongs, may bring an action for wrongful death against any person who engaged in conduct that is prohibited under s. 942.095 if the prohibited conduct was a substantial causal factor in the suicide of the deceased person. In an action under this subsection, the damage limitations under s. 895.04 do not apply.
(3) (a) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1), and 815.05 (1g) (a), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff’s attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information,
and supply the information to other parties to the action, in a manner that reasonably protects the information from being disclosed to the public.
(b) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect any of the following:
1. A plaintiff who is using initials in an action under this section from annoyance, embarrassment, oppression, or undue burden that would arise if any information identifying the plaintiff were made public.
2. A plaintiff in an action under this section from unreasonably long, repetitive, or burdensome physical or mental examinations.
3. The confidentiality of information that under law is confidential, until the information is provided in open court in an action under this section.
(4) If the plaintiff prevails in a civil action under sub. (1) or (2), he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.
(5) A person may bring a civil action under sub. (1) or (2) regardless of whether there has been a criminal action related to the conduct that is prohibited under s. 942.095 and regardless of the outcome of any such criminal action.
(end)