LRB-1537/1
CMH:jld:rs
2005 - 2006 LEGISLATURE
March 18, 2005 - Introduced by Representatives J. Fitzgerald, Lamb, Kleefisch,
Bies, Davis, Gunderson, Gundrum, Hahn, Hines, Jeskewitz, Krawczyk,
Mursau, Nischke, Ott, Pridemore, Stone, Vos, Vrakas, Ward and Gronemus,
cosponsored by Senators S. Fitzgerald, Darling, Kanavas, Olsen, Roessler,
A. Lasee, Lassa and
Lazich. Referred to Committee on Criminal Justice and
Homeland Security.
AB251,1,2
1An Act to create 301.45 (2) (h) and 948.14 of the statutes;
relating to: registered
2sex offenders and photographing persons under the age of 17.
Analysis by the Legislative Reference Bureau
Under current law, persons convicted of certain felony sex offenses are required
to register as sex offenders with the Department of Corrections (DOC). In addition,
courts may order persons who commit certain other felonies or misdemeanors to
register as sex offenders if their conduct was sexually motivated and it is in the
interest of public protection to have them register.
This bill prohibits persons who are required to register as sex offenders from
intentionally photographing, filming, or videotaping any person under the age of 17
unless the parent, custodian, or guardian of the person under the age of 17 provides
written consent. A person who violates the prohibition is guilty of a felony and may
be fined up to $10,000 or sentenced to a term of imprisonment of up to three years
and six months (which, if the sentence is for more than one year, includes a term of
extended supervision) or both.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB251, s. 1
1Section
1. 301.45 (2) (h) of the statutes is created to read:
AB251,2,32
301.45
(2) (h) The department shall notify any person who is subject to sub. (1g)
3of the prohibition under s. 948.14.
AB251, s. 2
4Section
2. 948.14 of the statutes is created to read:
AB251,2,6
5948.14 Registered sex offender and photographing minors. (1) 6Definitions. In this section:
AB251,2,77
(a) "Captures a representation" has the meaning given in s. 942.09 (1) (a).
AB251,2,88
(b) "Minor" means an individual who is under 17 years of age.
AB251,2,99
(c) "Representation" has the meaning giving in s. 942.09 (1) (c).
AB251,2,1010
(d) "Sex offender" means a person who is required to register under s. 301.45.
AB251,2,13
11(2) Prohibition. (a) A sex offender may not intentionally capture a
12representation of any minor without the written consent of the minor's parent, legal
13custodian, or guardian.
AB251,2,1614
(b) Paragraph (a) does not apply to a sex offender who is capturing a
15representation of a minor if the sex offender is the minor's parent, legal custodian,
16or guardian.
AB251,2,17
17(3) Penalty. Whoever violates sub. (2) is guilty of a Class I felony.
