2023 Wisconsin Act 198 Redefines Strip Search 

By Malina Piontek, AWSA Retained Attorney 

On March 22, 2024, Governor Evers signed Senate Bill 111 redefining what constitutes a strip search. The new Law, 2023 Wisconsin Act 198, modified Wisconsin statute 948.50 which already prohibited school employees from conducting strip searches.  2023 Act 198 expands the definition of strip search to include undergarments; however, the way this expansion is crafted is worth taking a few moments to examine in detail. 

Up until the passage of 2023 Wisconsin Act 198, strip search was defined as “a search in which a person’s genitals, pubic area, buttock or anus, or a female person’s breast is uncovered and either is exposed to view or is touched by a person conducting the search.”  2023 Wisconsin Act 198 removes all of the references to specific body parts, and replaces them with “private area.”  Then “private area” is defined separately as  “the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.” Here is the new statutory language:

948.50 (2) (am) “Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
948.50 (2) (b) “Strip search" means a search in which a person's private area is uncovered and either is exposed to view or is touched by a person conducting the search.

There are two things worth noting in this statutory change.  First, the definition of strip search has been altered in such a way as to perhaps cause confusion if a person doesn’t read the legal definition of “private area.”  Knowing how “private area” is defined will ensure your compliance with the law. 

Second, and more importantly, the addition of “underwear clad” in the definition of private area is new.  This fact can be particularly concerning given that boxer shorts and bra straps are sometimes visible articles of clothing, yet clearly are underwear (the definition of underwear is “clothing or an article of clothing worn next to the skin and under other clothing”).  In practical terms, if you have to consider which body parts the underwear are covering and whether they are prohibited body parts for searching, you are likely going too far in your search and should stop and reconsider your approach before going any further. 

2023 Wisconsin Act 198 went into effect on March 24, 2024, which may mean that your district’s policies are outdated. You will want to check your policies and work with your superintendent or legal counsel to update them. 

This article was co-written by Attorney Malina Piontek, AWSA’s Level I Legal Services Provider, and Amy VanDeuren, paralegal at Pionteklaw. You may direct your Level I call-in questions to Malina at 608-497-3037. The views expressed herein are exclusively those of Ms. Piontek. This article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. It should not be relied upon as legal advice.