LRB-0164/1
MLJ:ahe
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.
SB139,1,5 1An Act to repeal 944.17 (2) (a), 944.17 (2) (c) and 944.17 (2) (d); to renumber
2and amend
944.17 (2) (intro.); to amend 173.07 (1), 173.10, 173.13 (1) (a) 8.,
3173.21 (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
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB139,1 1Section 1. 173.07 (1) of the statutes is amended to read:
SB139,2,42 173.07 (1) Enforcement. A humane officer shall enforce s. ss. 95.21 and 944.18,
3this chapter, chs. 174 and 951 and ordinances relating to animals enacted by political
4subdivisions in which the humane officer has jurisdiction under s. 173.03 (3).
SB139,2 5Section 2. 173.10 of the statutes is amended to read:
SB139,3,2 6173.10 Investigation of cruelty complaints. A person may apply for a
7search warrant under s. 968.12 if there is reason to believe that a violation of s.
8944.18 or
ch. 951 has taken place or is taking place. If the court is satisfied that
9probable cause exists, it shall issue a search warrant directing a law enforcement
10officer in the county to proceed immediately to the location of the alleged violation
11with a doctor of veterinary medicine, if the court determines that a veterinarian is
12necessary for purposes of the search, and directing the law enforcement officer to
13search the place designated in the warrant, retaining in his or her custody subject
14to the order of the court such property or things as are specified in the warrant,
15including any animal. If the person applying for the search warrant is a humane
16officer, the warrant shall direct that the humane officer accompany the law
17enforcement officer who is directed to perform the search. The warrant shall be
18executed and returned to the court which issued the warrant in accordance with ss.

1968.15 and 968.17. This section does not affect other powers and duties of law
2enforcement officers.
SB139,3 3Section 3. 173.13 (1) (a) 8. of the statutes is amended to read:
SB139,3,54 173.13 (1) (a) 8. An animal used in any crime under s. 944.18 or ch. 951 or that
5constitutes evidence of a crime under s. 944.18 or ch. 951.
SB139,4 6Section 4. 173.21 (1) (a) of the statutes is amended to read:
SB139,3,97 173.21 (1) (a) There are reasonable grounds to believe that the owner has used
8the animal in a crime under s. 944.18 or ch. 951 or that the animal constitutes
9evidence of a crime under s. 944.18 or ch. 951.
SB139,5 10Section 5. 173.22 (4) (d) (intro.) of the statutes is amended to read:
SB139,3,1311 173.22 (4) (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
13with a crime under s. 944.18 or ch. 951, one of the following applies:
SB139,6 14Section 6. 173.22 (4) (d) 1. of the statutes is amended to read:
SB139,3,1915 173.22 (4) (d) 1. If all of the charges are dismissed or the owner is found not
16guilty 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
18is subject to the restrictions under s. 944.18 (3) (c) 1. or 951.08 (2m) or the animal has
19been treated as unclaimed or is otherwise subject to a disposition under s. 173.23.
SB139,7 20Section 7. 173.22 (4) (d) 2. of the statutes is amended to read:
SB139,3,2421 173.22 (4) (d) 2. If the owner is convicted of a crime under s. 944.18 or ch. 951,
22the animal shall be treated as unclaimed under s. 173.23 (1m), except that the
23charges under s. 173.23 (1m) (a) 4. do not apply if the court assesses the charges as
24expenses under s. 173.24.
SB139,8 25Section 8. 173.22 (4) (e) of the statutes is amended to read:
SB139,4,9
1173.22 (4) (e) If an animal that was taken into custody under s. 173.13 (1) (a)
28. or is withheld under s. 173.21 (1) (a) is in custody and the district attorney or the
3department of justice notifies the political subdivision or person contracting under
4s. 173.15 (1) with custody of the animal that the animal's owner will not be charged
5with a crime under s. 944.18 or ch. 951, the political subdivision or person contracting
6under s. 173.15 (1) with custody of the animal shall return the animal to its owner
7unless the owner is subject to the restrictions under s. 944.18 (3) (b) 1. or 951.08 (2m)
8or the animal has been treated as unclaimed or is otherwise subject to a disposition
9under s. 173.23.
SB139,9 10Section 9. 301.45 (1d) (b) of the statutes is amended to read:
SB139,4,1611 301.45 (1d) (b) “Sex offense" means a violation, or the solicitation, conspiracy,
12or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 944.18,
13948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075,
14948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s.
15940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was
16a minor and the person who committed the violation was not the victim's parent.
SB139,10 17Section 10. 944.17 (2) (intro.) of the statutes is renumbered 944.17 (2) and
18amended to read:
SB139,4,2119 944.17 (2) 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
21of another
is guilty of a Class A misdemeanor: .
SB139,11 22Section 11. 944.17 (2) (a) of the statutes is repealed.
SB139,12 23Section 12. 944.17 (2) (c) of the statutes is repealed.
SB139,13 24Section 13. 944.17 (2) (d) of the statutes is repealed.
SB139,14 25Section 14. 944.18 of the statutes is created to read:
SB139,5,1
1944.18 Bestiality. (1) Definitions. In this section:
SB139,5,22 (a) “Animal” means any creature, either alive or dead, except a human being.
SB139,5,33 (b) “Obscene material” has the meaning given in s. 944.21 (2) (c).
SB139,5,54 (c) “Photograph or film” means the making of a photograph, motion picture
5film, video tape, digital image, or any other recording.
SB139,5,106 (d) “Sexual contact” means any of the following types of contact that is not an
7accepted veterinary medical practice, an accepted animal husbandry practice that
8provides care for animals, an accepted practice related to the insemination of
9animals for the purpose of procreation, or an accepted practice related to
10conformation judging:
SB139,5,1311 1. An act between a person and an animal involving physical contact between
12the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus
13of the other.
SB139,5,1614 2. Any touching or fondling by a person, either directly or through clothing, of
15the sex organ, genitals, or anus of an animal or any insertion, however slight, of any
16part of a person's body or any object into the vaginal or anal opening of an animal.
SB139,5,1817 3. Any insertion, however slight, of any part of an animal's body into the vaginal
18or anal opening of a person.
SB139,5,19 19(2) Prohibited conduct. No person may knowingly do any of the following:
SB139,5,2020 (a) Engage in sexual contact with an animal.
SB139,5,2221 (b) Advertise, offer, accept an offer, sell, transfer, purchase, or otherwise obtain
22an animal with the intent that it be used for sexual contact in this state.
SB139,5,2423 (c) Organize, promote, conduct, or participate as an observer of an act involving
24sexual contact with an animal.
SB139,6,2
1(d) Permit sexual contact with an animal to be conducted on any premises
2under his or her ownership or control.
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