2019 - 2020 LEGISLATURE
May 21, 2019 - Introduced by Representatives Bowen,
Brostoff, Crowley, Dittrich, Emerson, Fields, Horlacher, Kulp, Sinicki,
Snyder, Sortwell, Spreitzer, Stubbs, C. Taylor, Thiesfeldt, Vining and
Vruwink, cosponsored by Senators Bernier, Johnson, Carpenter, Jacque,
Kooyenga, Ringhand, Risser, Smith and Wanggaard. Referred to Committee
on Criminal Justice and Public Safety.
1An Act to create
939.48 (1p) of the statutes; relating to: self-defense for victims
2of sex trafficking.
Analysis by the Legislative Reference Bureau
Under current law, there are several defenses to criminal liability, including
self-defense. One such defense allows a person to intentionally use force that is
intended or likely to cause death or great bodily harm if the person reasonably
believes that such force is necessary to prevent imminent death or great bodily harm
to himself or herself.
This bill provides that a victim of sex trafficking has a privilege of self-defense
for the use of force against a sex trafficker if the victim believed that the use of force
was necessary to prevent or terminate an unlawful interference with his or her
person or that the use of force was necessary to escape from sex trafficking.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
939.48 (1p) of the statutes is created to read:
(a) In addition to the affirmative defense under s. 939.46 (1m) and 5
notwithstanding sub. (1), a victim of sex trafficking under s. 940.302 (2) or 948.051 6
is privileged to threaten or intentionally use force against another, including force
that was intended or likely to cause death or great bodily harm, if all of the following 2
1. The person believed that the use of force was necessary to prevent or 4
terminate an unlawful interference with his or her person or that the use of force was 5
necessary to escape from sex trafficking.
2. The force was used against a person who was trafficking against the actor 7
or who was the patron of a commercial sex act, as defined in s. 940.302 (1) (a), to be 8
performed by the actor.
(b) The privilege of self-defense under par. (a) applies without regard to 10
whether anyone was prosecuted or convicted for the violation of s. 940.302 (2) or 11