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)(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)(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)(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:
948.11
948.11
Exposing a child to harmful material. 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)(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. 948.11(4)(a)(a) The legislature finds that the libraries and educational institutions under
par. (b) carry out the essential purpose of making available to all citizens a current, balanced collection of books, reference materials, periodicals, sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature of American society. The legislature further finds that it is in the interest of the state to protect the financial resources of libraries and educational institutions from being expended in litigation and to permit these resources to be used to the greatest extent possible for fulfilling the essential purpose of libraries and educational institutions.
948.11(4)(b)
(b) No person who is an employe, a member of the board of directors or a trustee of any of the following is liable to prosecution for violation of this section for acts or omissions while in his or her capacity as an employe, a member of the board of directors or a trustee:
948.11(4)(b)3.
3. Any school offering vocational, technical or adult education that:
948.11(4)(b)4.
4. Any institution of higher education that is accredited, as described in
s. 39.30 (1) (d), and is exempt from taxation under section
501 (c) (3) of the internal revenue code, as defined in
s. 71.01 (6).
948.11(4)(b)5.
5. A library that receives funding from any unit of government.
948.11(5)
(5) Severability. The provisions of this section, including the provisions of
sub. (4), are severable, as provided in
s. 990.001 (11).
948.11 Annotation
This section is not unconstitutionally overbroad. The exemption from prosecution of libraries, educational institutions and their employes and directors does not violate equal protection rights. State v. Thiel, 183 W (2d) 505, 515 NW (2d) 847 (1994).
948.12
948.12
Possession of child pornography. Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape or other pictorial reproduction or audio recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E felony:
948.12(1)
(1) The person knows that he or she possesses the material.
948.12(2)
(2) The person knows the character and content of the sexually explicit conduct shown in the material.
948.12(3)
(3) The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.
948.12 History
History: 1987 a. 332;
1995 a. 67.
948.13
948.13
Child sex offender working with children. 948.13(1)(1) In this section, "serious child sex offense" means any of the following:
948.13(1)(b)
(b) A crime under federal law or the law of any other state or, prior to May 7, 1996, under the law of this state that is comparable to a crime specified in
par. (a).
948.13(2)
(2) Whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class C felony.
948.13(3)
(3) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact primarily and directly with children under 16 years of age: teaching children, child care, youth counseling, youth organization, coaching children, parks or playground recreation or school bus driving.
948.13 History
History: 1995 a. 265.
948.20
948.20
Abandonment of a child. Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class D felony.
