An Act to create 895.439 of the statutes; Relating to: creating a civil cause of action for sexual extortion.
AB923 creates a new civil remedy for people harmed by sexual extortion, allowing victims to sue the person who committed the conduct prohibited under existing criminal law. A victim may recover for physical injury, emotional distress, or property loss. If the victim is a child, a parent or legal guardian may bring the action, and if the victim is deceased, the personal representative of the estate may sue on the victim’s behalf.
The bill also creates a wrongful death claim when sexual extortion is a substantial causal factor in a victim’s suicide. In those cases, the usual wrongful death damage limits do not apply. The bill further allows a plaintiff to proceed even if no criminal case was filed, or even if a criminal case ended without conviction, making the civil remedy independent of the criminal process.
AB923 would amend Wisconsin statutes by creating s. 895.439. It expands civil liability for sexual extortion cases and authorizes courts to award special and general damages, emotional distress damages, punitive damages, and litigation costs, including reasonable attorney fees. It also includes privacy protections, allowing plaintiffs to use initials and limited identifying information in public filings and permitting courts to issue protective orders to shield sensitive information and reduce harassment or undue burden.
The overall sentiment appears strongly supportive. The bill passed the Assembly 95-1, indicating broad bipartisan approval and little visible opposition in the recorded vote. No committee transcript was provided, but the near-unanimous floor vote suggests the measure was viewed as a victim-protection bill with significant support.
The main points of contention likely concern the scope of civil liability, especially the wrongful death/suicide provision, the removal of wrongful death damage caps in those cases, and the ability to sue regardless of criminal prosecution or conviction. Privacy and procedural protections for plaintiffs are also notable, reflecting concern about retaliation, embarrassment, and the handling of sensitive evidence in these cases.
AB923 would add a new standalone civil cause of action to Wisconsin law for sexual extortion, codified as s. 895.439. It would give victims, parents or guardians of child victims, and estates of deceased victims a direct path to seek damages in civil court, while also creating a wrongful death claim tied to suicide caused by sexual extortion. The bill broadens available remedies by allowing emotional distress, punitive damages, attorney fees, and other litigation costs, and it limits public disclosure of plaintiffs’ identities in these cases.
The bill appears to have been received positively and with little controversy in the recorded legislative action. It passed the Assembly by a vote of 95-1, suggesting strong bipartisan support for creating a civil remedy for victims of sexual extortion. The absence of committee transcript material limits insight into debate, but the vote indicates the measure was broadly seen as a victim-centered response to harmful conduct already prohibited under criminal law.
Potential concerns center on the breadth of the new civil liability, particularly the wrongful death provision for suicides and the removal of ordinary wrongful death damage limits in those cases. Some may also question allowing civil suits to proceed without any criminal case, or regardless of the outcome of a criminal case, because it could expose defendants to litigation even when prosecutors do not act or cannot secure a conviction. On the other hand, supporters likely emphasize the need for a separate civil remedy, especially for victims seeking compensation, privacy, and accountability when criminal enforcement is unavailable or insufficient.