SB74: Bill Text

LRB-0508/4

BF:kmg:jlb

1995 - 1996 LEGISLATURE

1995 Senate BILL 74

February 15, 1995 - Introduced by Senators Burke, Andrea, Clausing, Moore, Plewa and Wineke, cosponsored by Representatives Krusick, Walker, R. Potter, Carpenter, Turner, Notestein, Riley, Plache, Hasenohrl, Cullen, Vander Loop, Wasserman and Baldus. Referred to Committee on Judiciary.

SB74,1,3 An Act to renumber and amend 940.225 (5) (b) and 948.01 (5); to amend 939.22 (34), 940.225 (3) and 940.225 (3m); and to create 940.225 (5) (b) 2. and 948.01 (5) (b) of the statutes; relating to: sexual contact.

Analysis by the Legislative Reference Bureau

Under current law, there are various crimes that prohibit nonconsensual or undesirable sexual contact between persons. Generally, "sexual contact" is defined to cover intentional touching of intimate parts for reasons such as sexual arousal or gratification. This bill expands the definitions of "sexual contact" to cover the intentional emission of seminal fluid upon another person for sexually related purposes. Thus, for example, under the bill, a person who intentionally emits seminal fluid on another, without consent and for sexually related purposes, is subject to prosecution for a sexual assault. Any person who is convicted of this type of sexual assault may be fined not more than $10,000 or imprisoned for not more than 5 years or both. Higher penalties apply if aggravating circumstances exist, such as when the victim is younger than 16 years old, the act causes injury or the act is committed with a weapon.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB74, s. 1 Section 1. 939.22 (34) of the statutes is amended to read:

SB74,2,5 939.22 (34) "Sexual contact" means the intentional touching of the clothed or unclothed intimate parts of another person with any part of the body clothed or unclothed or with any object or device, or the intentional touching of any part of the body clothed or unclothed of another person with the intimate parts of the body clothed or unclothed, or the intentional emission of seminal fluid upon any part of the body clothed or unclothed of another person, if that intentional touching or emission is for the purpose of sexual humiliation, sexual degradation, sexual arousal or gratification.

SB74, s. 2 Section 2. 940.225 (3) of the statutes is amended to read:

SB74,2,10 940.225 (3) Third degree sexual assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class D felony. Whoever has sexual contact in the manner described in sub. (5) (b) 2. with a person without the consent of that person is guilty of a Class D felony.

SB74, s. 3 Section 3. 940.225 (3m) of the statutes is amended to read:

SB74,2,14 940.225 (3m) Fourth degree sexual assault. Whoever Except as provided in sub. (3), whoever has sexual contact with a person without the consent of that person is guilty of a Class A misdemeanor.

SB74, s. 4 Section 4. 940.225 (5) (b) of the statutes is renumbered 940.225 (5) (b) (intro.) and amended to read:

SB74,2,17 940.225 (5) (b) (intro.) "Sexual contact" means any intentional of the following:

SB74,2,23 1. Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading; or for the purpose of sexually humiliating the complainant or sexually arousing or gratifying the defendant or if the touching contains the elements of actual or attempted battery under s. 940.19 (1).

SB74, s. 5 Section 5. 940.225 (5) (b) 2. of the statutes is created to read:

SB74,3,4 940.225 (5) (b) 2. Intentional emission of seminal fluid by the defendant upon any part of the body clothed or unclothed of the complainant if that emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.

SB74, s. 6 Section 6. 948.01 (5) of the statutes is renumbered 948.01 (5) (intro.) and amended to read:

SB74,3,7 948.01 (5) (intro.) "Sexual contact" means any intentional of the following:

SB74,3,12 (a) Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant.

SB74, s. 7 Section 7. 948.01 (5) (b) of the statutes is created to read:

SB74,3,17 948.01 (5) (b) Intentional emission of seminal fluid by the defendant upon any part of the body clothed or unclothed of the complainant if that emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.

SB74, s. 8 Section 8. Initial applicability.

SB74,3,20 (1)  This act first applies to offenses committed on the effective date of this subsection.

SB74,3,21 (End)