2019 - 2020 LEGISLATURE
March 28, 2019 - Introduced by Senators Jacque, Risser, Cowles and Marklein,
cosponsored by Representatives
Wichgers, Brandtjen, Edming, James,
Loudenbeck, Murphy, Myers, Skowronski, Subeck and C. Taylor. Referred
to Committee on Judiciary and Public Safety.
1An Act to repeal
944.17 (2) (a), 944.17 (2) (c) and 944.17 (2) (d); to renumber
944.17 (2) (intro.); to amend
173.07 (1), 173.10, 173.13 (1) (a) 8., 3
173.21 (1) (a), 173.22 (4) (d) (intro.), 173.22 (4) (d) 1., 173.22 (4) (d) 2., 173.22 (4) 4
(e) and 301.45 (1d) (b); and to create
944.18 and 948.015 (11) of the statutes; 5relating to: sexual contact with an animal and providing a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, it is a Class H felony to have sexual contact with an animal, to
promote or otherwise participate in sexual contact with animals, to create, possess,
or distribute obscene material depicting a person engaged in sexual contact with an
animal, or to advertise, harbor, transport, provide, or obtain an animal for the
purpose of having sexual contact with the animal. In addition, it is a Class F felony
to force, coerce, entice, or encourage a child under the age of 13 to engage in sexual
contact with an animal or a Class G felony if the child is over the age of 13 but under
the age of 18. It is also a Class F felony to have sexual contact with an animal in the
presence of a child under the age of 13 or a Class G felony if the child is over the age
of 13 but under the age of 18. In addition, all felony classifications are increased for
second or subsequent violations.
Under current law, it is a Class A misdemeanor for a person to commit an act
of sexual gratification involving his or her sex organ and the sex organ, mouth, or
anus of an animal, or involving his or her sex organ, mouth, anus, or other body part
and the sex organ of an animal.
Under current law, a person may be required to register as a sex offender for
certain crimes that are sexually motivated if the judge determines that it would be
in the interest of public protection to have the person register. Under this bill, the
new offense of bestiality would be subject to this provision.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
173.07 (1) of the statutes is amended to read:
173.07 (1) Enforcement.
A humane officer shall enforce s. ss.
95.21 and 944.18
this chapter, chs. 174 and 951 and ordinances relating to animals enacted by political 4
subdivisions in which the humane officer has jurisdiction under s. 173.03 (3).
173.10 of the statutes is amended to read:
6173.10 Investigation of cruelty complaints.
A person may apply for a 7
search warrant under s. 968.12 if there is reason to believe that a violation of s.
ch. 951 has taken place or is taking place. If the court is satisfied that 9
probable cause exists, it shall issue a search warrant directing a law enforcement 10
officer in the county to proceed immediately to the location of the alleged violation 11
with a doctor of veterinary medicine, if the court determines that a veterinarian is 12
necessary for purposes of the search, and directing the law enforcement officer to 13
search the place designated in the warrant, retaining in his or her custody subject 14
to the order of the court such property or things as are specified in the warrant, 15
including any animal. If the person applying for the search warrant is a humane 16
officer, the warrant shall direct that the humane officer accompany the law 17
enforcement officer who is directed to perform the search. The warrant shall be 18
executed and returned to the court which issued the warrant in accordance with ss.
968.15 and 968.17. This section does not affect other powers and duties of law 2
173.13 (1) (a) 8. of the statutes is amended to read:
(a) 8. An animal used in any crime under s. 944.18 or
ch. 951 or that 5
constitutes evidence of a crime under s. 944.18 or
173.21 (1) (a) of the statutes is amended to read:
(a) There are reasonable grounds to believe that the owner has used 8
the animal in a crime under s. 944.18 or
ch. 951 or that the animal constitutes 9
evidence of a crime under s. 944.18 or
173.22 (4) (d) (intro.) of the statutes is amended to read:
(d) (intro.) If an animal that was taken into custody under s. 173.13 12
(1) (a) 8. or is withheld under s. 173.21 (1) (a) is in custody and its owner is charged 13
with a crime under s. 944.18 or
ch. 951, one of the following applies:
173.22 (4) (d) 1. of the statutes is amended to read:
(d) 1. If all of the charges are dismissed or the owner is found not 16
guilty of all charges, the political subdivision or person contracting under s. 173.15 17
(1) with custody of the animal shall return the animal to the owner unless the owner 18
is subject to the restrictions under s. 944.18 (3) (c) 1. or
951.08 (2m) or the animal has 19
been treated as unclaimed or is otherwise subject to a disposition under s. 173.23.
173.22 (4) (d) 2. of the statutes is amended to read:
(d) 2. If the owner is convicted of a crime under s. 944.18 or
ch. 951, 22
the animal shall be treated as unclaimed under s. 173.23 (1m), except that the 23
charges under s. 173.23 (1m) (a) 4. do not apply if the court assesses the charges as 24
expenses under s. 173.24.
173.22 (4) (e) of the statutes is amended to read:
(e) If an animal that was taken into custody under s. 173.13 (1) (a) 2
8. or is withheld under s. 173.21 (1) (a) is in custody and the district attorney or the 3
department of justice notifies the political subdivision or person contracting under 4
s. 173.15 (1) with custody of the animal that the animal's owner will not be charged 5
with a crime under s. 944.18 or
ch. 951, the political subdivision or person contracting 6
under s. 173.15 (1) with custody of the animal shall return the animal to its owner 7
unless the owner is subject to the restrictions under s. 944.18 (3) (b) 1. or
951.08 (2m) 8
or the animal has been treated as unclaimed or is otherwise subject to a disposition 9
under s. 173.23.
301.45 (1d) (b) of the statutes is amended to read:
(b) “Sex offense" means a violation, or the solicitation, conspiracy, 12
or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 944.18, 13
948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075, 14
948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 15
940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was 16
a minor and the person who committed the violation was not the victim's parent.
944.17 (2) (intro.) of the statutes is renumbered 944.17 (2) and 18
amended to read:
Whoever does any of the following commits an act of sexual
20gratification in public involving the sex organ of one person and the mouth or anus
is guilty of a Class A misdemeanor:
944.17 (2) (a) of the statutes is repealed.
944.17 (2) (c) of the statutes is repealed.
944.17 (2) (d) of the statutes is repealed.
944.18 of the statutes is created to read:
In this section:
(a) “Animal” means any creature, either alive or dead, except a human being.
(b) “Obscene material” has the meaning given in s. 944.21 (2) (c).
(c) “Photograph or film” means the making of a photograph, motion picture 5
film, video tape, digital image, or any other recording.
(d) “Sexual contact” means any of the following types of contact that is not an 7
accepted veterinary medical practice, an accepted animal husbandry practice that 8
provides care for animals, an accepted practice related to the insemination of 9
animals for the purpose of procreation, or an accepted practice related to 10
1. An act between a person and an animal involving physical contact between 12
the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus 13
of the other.
2. Any touching or fondling by a person, either directly or through clothing, of 15
the sex organ, genitals, or anus of an animal or any insertion, however slight, of any 16
part of a person's body or any object into the vaginal or anal opening of an animal.
3. Any insertion, however slight, of any part of an animal's body into the vaginal 18
or anal opening of a person.
19(2) Prohibited conduct.
No person may knowingly do any of the following:
(a) Engage in sexual contact with an animal.
(b) Advertise, offer, accept an offer, sell, transfer, purchase, or otherwise obtain 22
an animal with the intent that it be used for sexual contact in this state.
(c) Organize, promote, conduct, or participate as an observer of an act involving 24
sexual contact with an animal.
(d) Permit sexual contact with an animal to be conducted on any premises 2
under his or her ownership or control.