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.
SB139,6,43 (e) Photograph or film obscene material depicting a person engaged in sexual
4contact with an animal.
SB139,6,65 (f) Distribute, sell, publish, or transmit obscene material depicting a person
6engaged in sexual contact with an animal.
SB139,6,87 (g) Possess with the intent to distribute, sell, publish, or transmit obscene
8material depicting a person engaged in sexual contact with an animal.
SB139,6,109 (h) Force, coerce, entice, or encourage a child who has not attained the age of
1013 years to engage in sexual contact with an animal.
SB139,6,1211 (i) Engage in sexual contact with an animal in the presence of a child who has
12not attained the age of 13 years.
SB139,6,1513 (j) Force, coerce, entice, or encourage a child who has attained the age of 13
14years but who has not attained the age of 18 years to engage in sexual contact with
15an animal.
SB139,6,1716 (k) Engage in sexual contact with an animal in the presence of a child who has
17attained the age of 13 years but who has not attained the age of 18 years.
SB139,6,24 18(3) Penalties. (a) Any person who violates sub. (2) (a) to (g) is guilty of a Class
19H felony for the first violation and is guilty of a Class F felony for a 2nd or subsequent
20violation or if the act results bodily harm or death of an animal. Any person who
21violates sub. (2) (h) or (i) is guilty of a Class F felony for the first violation and is guilty
22of a Class D felony for a 2nd or subsequent violation. Any person who violates sub.
23(2) (j) or (k) is guilty of a Class G felony for the first violation and is guilty of a Class
24E felony for a 2nd or subsequent violation.
SB139,7,4
1(b) Any person who violates sub. (2) is subject to a Class C forfeiture, unless
2such violation occurs within 3 years after a humane officer issues an abatement order
3under s. 173.11, in which case the person is subject to a Class A forfeiture for a
4violation that is covered by the abatement order.
SB139,7,65 (c) If a person has been convicted under sub. (2), the sentencing court shall
6order, in addition to any other applicable penalties, all of the following:
SB139,7,117 1. That the person may not own, possess, reside with, or exercise control over
8any animal or engage in any occupation, whether paid or unpaid, at any place where
9animals are kept or cared for, for not less than 5 years or more than 15 years. In
10computing the time period, time which the person spent in actual confinement
11serving a criminal sentence shall be excluded.
SB139,7,1312 2. That the person shall submit to a psychological assessment and participate
13in appropriate counseling at the person's expense.
SB139,7,2214 3. That the person shall pay restitution to a person, including any local humane
15officer or society or county or municipal pound or a law enforcement officer or
16conservation warden or his or her designee, for any pecuniary loss suffered by the
17person as a result of the crime. This requirement applies regardless of whether the
18person is placed on probation under s. 973.09. If restitution is ordered, the court shall
19consider the financial resources and future ability of the person to pay and shall
20determine the method of payment. Upon application of an interested party, the court
21shall schedule and hold an evidentiary hearing to determine the value of any
22pecuniary loss, as defined in s. 951.18 (4) (a) 1., under this subdivision.
SB139,7,24 23(4) Severability. The provisions of this section are severable, as provided in
24s. 990.001 (11).
SB139,15 25Section 15. 948.015 (11) of the statutes is created to read:
SB139,8,2
1948.015 (11) Section 944.18 (2) (h), (i), (j), and (k), relating to sexual contact
2with an animal.
SB139,8,33 (End)
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