948.03(2) (2)Intentional causation of bodily harm.
948.03(2)(a)(a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C felony.
948.03(2)(b) (b) Whoever intentionally causes bodily harm to a child is guilty of a Class D felony.
948.03(2)(c) (c) Whoever intentionally causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class C felony.
948.03(3) (3)Reckless causation of bodily harm.
948.03(3)(a)(a) Whoever recklessly causes great bodily harm to a child is guilty of a Class D felony.
948.03(3)(b) (b) Whoever recklessly causes bodily harm to a child is guilty of a Class E felony.
948.03(3)(c) (c) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class D felony.
948.03(4) (4)Failing to act to prevent bodily harm.
948.03(4)(a)(a) A person responsible for the child's welfare is guilty of a Class C felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.
948.03(4)(b) (b) A person responsible for the child's welfare is guilty of a Class D felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of bodily harm by the other person or facilitates the bodily harm to the child that is caused by the other person.
948.03(5) (5)Penalty enhancement; abuse by certain persons. If a person violates sub. (2) or (3) and the person is responsible for the welfare of the child who is the victim of the violation, the maximum term of imprisonment may be increased by not more than 5 years.
948.03(6) (6)Treatment through prayer. A person is not guilty of an offense under this section solely because he or she provides a child with treatment by spiritual means through prayer alone for healing in accordance with the religious method of healing permitted under s. 48.981 (3) (c) 4. or 448.03 (6) in lieu of medical or surgical treatment.
948.03 History History: 1987 a. 332.
948.03 Annotation To obtain a conviction for aiding and abetting a violation of sub. (2) or (3) the state must prove conduct which as a matter of objective fact aids another in executing the crime. State v. Rundle, 176 W (2d) 985, 500 NW (2d) 916 (Ct. App. 1993).
948.03 Annotation A live-in boyfriend can be a person responsible for the welfare of a child under sub. (5) if he was used by the child's legal guardian as a caretaker for the child. State v. Sostre, 198 W (2d) 409, 542 NW (2d) 774 (1996).
948.04 948.04 Causing mental harm to a child.
948.04(1) (1) Whoever is exercising temporary or permanent control of a child and causes mental harm to that child by conduct which demonstrates substantial disregard for the mental well-being of the child is guilty of a Class C felony.
948.04(2) (2) A person responsible for the child's welfare is guilty of a Class C felony if that person has knowledge that another person has caused, is causing or will cause mental harm to that child, is physically and emotionally capable of taking action which will prevent the harm, fails to take that action and the failure to act exposes the child to an unreasonable risk of mental harm by the other person or facilitates the mental harm to the child that is caused by the other person.
948.04 History History: 1987 a. 332.
948.05 948.05 Sexual exploitation of a child.
948.05(1) (1) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child is guilty of a Class C felony:
948.05(1)(a) (a) Employs, uses, persuades, induces, entices or coerces any child to engage in sexually explicit conduct for the purpose of photographing, filming, videotaping, recording the sounds of or displaying in any way the conduct.
948.05(1)(b) (b) Photographs, films, videotapes, records the sounds of or displays in any way a child engaged in sexually explicit conduct.
948.05(1)(c) (c) Produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes or possesses with intent to sell or distribute, any undeveloped film, photographic negative, photograph, motion picture, videotape, sound recording or other reproduction of a child engaging in sexually explicit conduct.
948.05(2) (2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a), (b) or (c) is guilty of a Class C felony.
948.05(3) (3) It is an affirmative defense to prosecution for violation of this section if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant, or the defendant's agent or client, a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
948.05 History History: 1987 a. 332.
948.05 Annotation Term "import" under (1) (c) means bringing in from external source and does not require commercial element or exempt personal use. State v. Bruckner, 151 W (2d) 833, 447 NW (2d) 376 (Ct. App. 1989).
948.055 948.055 Causing a child to view or listen to sexual activity.
948.055(1)(1) Whoever intentionally causes a child who has not attained 18 years of age to view or listen to sexually explicit conduct may be penalized as provided in sub. (2) if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child.
948.055(2) (2) Whoever violates sub. (1) is guilty of:
948.055(2)(a) (a) A Class C felony if the child has not attained the age of 13 years.
948.055(2)(b) (b) A Class D felony if the child has attained the age of 13 years but has not attained the age of 18 years.
948.055 History History: 1987 a. 334; 1989 a. 359; 1993 a. 218 ss. 6, 7; Stats. 1993 s. 948.055; 1995 a. 67.
948.06 948.06 Incest with a child. Whoever does any of the following is guilty of a Class BC felony:
948.06(1) (1) Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin; or
948.06(2) (2) Is a person responsible for the child's welfare and:
948.06(2)(a) (a) Has knowledge that another person related to the child by blood or adoption in a degree of kinship closer than 2nd cousin has had or intends to have sexual intercourse or sexual contact with the child;
948.06(2)(b) (b) Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated;
948.06(2)(c) (c) Fails to take that action; and
948.06(2)(d) (d) The failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
948.06 History History: 1987 a. 332; 1995 a. 69.
948.07 948.07 Child enticement. Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class BC felony:
948.07(1) (1) Having sexual contact or sexual intercourse with the child in violation of s. 948.02 or 948.095.
948.07(2) (2) Causing the child to engage in prostitution.
948.07(3) (3) Exposing a sex organ to the child or causing the child to expose a sex organ in violation of s. 948.10.
948.07(4) (4) Taking a picture or making an audio recording of the child engaging in sexually explicit conduct.
948.07(5) (5) Causing bodily or mental harm to the child.
948.07(6) (6) Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 961.
948.07 History History: 1987 a. 332; 1995 a. 67, 69, 448, 456.
948.07 Annotation The penalty scheme of sub. (3) is not unconstitutionally irrational. That the statute, unlike sub. (1), did not distinguish between victims sixteen years or older and other children victims is a matter for the legislature. State v. Hanson, 182 W (2d) 481, 513 NW (2d) 700 (Ct. App. 1994).
948.08 948.08 Soliciting a child for prostitution. Whoever intentionally solicits or causes any child to practice prostitution or establishes any child in a place of prostitution is guilty of a Class BC felony.
948.08 History History: 1987 a. 332; 1995 a. 69.
948.09 948.09 Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor.
948.09 History History: 1987 a. 332.
948.095 948.095 Sexual assault of a student by a school instructional staff person.
948.095(1) (1) In this section:
948.095(1)(a) (a) "School" means a public or private elementary or secondary school.
948.095(1)(b) (b) "School staff" means any person who provides services to a school or a school board, including an employe of a school or a school board and a person who provides services to a school or a school board under a contract.
948.095(2) (2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant's spouse is guilty of a Class D felony if all of the following apply:
948.095(2)(a) (a) The child is enrolled as a student in a school or a school district.
948.095(2)(b) (b) The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student.
948.095 History History: 1995 a. 456.
948.10 948.10 Exposing genitals or pubic area.
948.10(1) (1) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes genitals or pubic area to a child is guilty of a Class A misdemeanor.
948.10(2) (2)Subsection (1) does not apply under any of the following circumstances:
948.10(2)(a) (a) The child is the defendant's spouse.
948.10(2)(b) (b) A mother's breast-feeding of her child.
948.10 History History: 1987 a. 332; 1989 a. 31; 1995 a. 165.
948.11 948.11 Exposing a child to harmful material.
948.11(1) (1)Definitions. In this section:
948.11(1)(a) (a) "Harmful material" means:
948.11(1)(a)1. 1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or
948.11(1)(a)2. 2. Any book, pamphlet, magazine, printed matter however reproduced or sound recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.
948.11(1)(b) (b) "Harmful to children" means that quality of any description or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:
948.11(1)(b)1. 1. Predominantly appeals to the prurient, shameful or morbid interest of children;
948.11(1)(b)2. 2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and
948.11(1)(b)3. 3. Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.
948.11(1)(c) (c) "Knowledge of the nature of the material" means knowledge of the character and content of any material described herein.
948.11(1)(d) (d) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
948.11(1)(e) (e) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
948.11(1)(f) (f) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
948.11(2) (2)Criminal penalties.
948.11(2)(a)(a) Whoever, with knowledge of the nature of the material, sells, rents, exhibits, transfers or loans to a child any material which is harmful to children, with or without monetary consideration, is guilty of a Class E felony.
948.11(2)(b) (b) Whoever, with knowledge of the nature of the material, possesses material which is harmful to children with the intent to sell, rent, exhibit, transfer or loan the material to a child is guilty of a Class A misdemeanor.
948.11(2)(c) (c) It is an affirmative defense to a prosecution for a violation of this section if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
948.11(3) (3)Extradition. If any person is convicted under sub. (2) and cannot be found in this state, the governor or any person performing the functions of governor by authority of the law shall, unless the convicted person has appealed from the judgment of contempt or conviction and the appeal has not been finally determined, demand his or her extradition from the executive authority of the state in which the person is found.
948.11(4) (4)Libraries and educational institutions.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?