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  5. 718 N.W.2d 168 (2006)
 

STATE v. NELSON

No. 2005AP2300-CR.

718 N.W.2d 168 (2006)

2006 WI App 124

STATE of Wisconsin, Plaintiff-Respondent, v. Mark E. NELSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 25, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Robert R. Henak and Amelia L. Bizzaro, Henak Law Office, S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of David J. Becker, asst. attorney general, and Peggy A. Lautenschlager, attorney general.

Before VERGERONT, DEININGER, and HIGGINBOTHAM, JJ.

¶ 1 VERGERONT, J.

Mark E. Nelson appeals from a judgment convicting him of two felony counts of capturing representations depicting nudity in violation of WIS. STAT. § 942.09(2)(a).1 One of the elements of this crime is that the person videotaped "is nude in a circumstance in which he or she has a reasonable expectation of privacy." Section 942.09(2)(a). The charges arise out of Nelson...

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