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STATE v. JAHNKE

No. 2007AP2130-CR.

762 N.W.2d 696 (2008)

2009 WI App 4

STATE of Wisconsin, Plaintiff-Respondent, v. Mark T. JAHNKE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 30, 2008.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Harold Harlowe and Michael Herbert of Hal Harlowe & Associates, S.C., Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James M. Freimuth, assistant attorney general, and J.B. Van Hollen, attorney general.

Before HIGGINBOTHAM, P.J., DYKMAN and LUNDSTEN, JJ.

¶ 1 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...

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