SB357: Bill Text

SB357, s. 700 Section 700. 946.50 (5h) of the statutes is created to read:

SB357,224,8 946.50 (5h) A Class G felony, if the person was adjudicated delinquent for committing an act that would be a Class G felony if committed by an adult.

SB357, s. 701 Section 701. 946.50 (5p) of the statutes is created to read:

SB357,224,11 946.50 (5p) A Class H felony, if the person was adjudicated delinquent for committing an act that would be a Class H felony if committed by an adult.

SB357, s. 702 Section 702. 946.50 (5t) of the statutes is created to read:

SB357,224,14 946.50 (5t) A Class I felony, if the person was adjudicated delinquent for committing an act that would be a Class I felony if committed by an adult.

SB357, s. 703 Section 703. 946.60 (1) of the statutes is amended to read:

SB357,224,19 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

SB357, s. 704 Section 704. 946.60 (2) of the statutes is amended to read:

SB357,224,25 946.60 (2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

SB357, s. 705 Section 705. 946.61 (1) (intro.) of the statutes is amended to read:

SB357,225,3 946.61 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

SB357, s. 706 Section 706. 946.64 of the statutes is amended to read:

SB357,225,9 946.64 Communicating with jurors. Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class E I felony.

SB357, s. 707 Section 707. 946.65 (1) of the statutes is amended to read:

SB357,225,13 946.65 (1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class E I felony.

SB357, s. 708 Section 708. 946.68 (1r) (a) of the statutes is amended to read:

SB357,225,16 946.68 (1r) (a) Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates legal process is guilty of a Class E I felony.

SB357, s. 709 Section 709. 946.68 (1r) (b) of the statutes is amended to read:

SB357,225,19 946.68 (1r) (b) If the document under par. (a) is sent or delivered with intent to induce payment of a claim, the person is guilty of a Class D H felony.

SB357, s. 710 Section 710. 946.68 (1r) (c) of the statutes is amended to read:

SB357,225,22 946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D H felony.

SB357, s. 711 Section 711. 946.69 (2) (intro.) of the statutes is amended to read:

SB357,225,25 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class E I felony:

SB357, s. 712 Section 712. 946.70 (2) of the statutes is amended to read:

SB357,226,4 946.70 (2) Any person violating sub. (1) with the intent to commit or aid or abet the commission of a crime other than the crime under this section is guilty of a Class D H felony.

SB357, s. 713 Section 713. 946.72 (1) of the statutes is amended to read:

SB357,226,7 946.72 (1) Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class D H felony.

SB357, s. 714 Section 714. 946.74 (2) of the statutes is amended to read:

SB357,226,11 946.74 (2) Whoever violates sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class D H felony.

SB357, s. 715 Section 715. 946.76 of the statutes is amended to read:

SB357,226,15 946.76 Search warrant; premature disclosure. Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class E I felony.

SB357, s. 716 Section 716. 946.82 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,227,6 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d) (e), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b), (bm) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b), (bm) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

SB357, s. 717 Section 717. 946.84 (1) of the statutes is amended to read:

SB357,227,9 946.84 (1) Any person convicted of engaging in racketeering activity in violation of s. 946.83 is guilty of a Class C E felony.

SB357, s. 718 Section 718. 946.85 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,227,16 946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 30 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record is guilty of a Class E felony.

SB357, s. 719 Section 719. 947.013 (1t) of the statutes is amended to read:

SB357,227,21 947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E I felony if the person has a prior conviction under this subsection or sub. (1r), (1v) or (1x) or s. 940.32 (2), (2m), (3) or (3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.

SB357, s. 720 Section 720. 947.013 (1v) of the statutes is amended to read:

SB357,228,2 947.013 (1v) Whoever violates sub. (1r) is guilty of a Class D H felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (1r).

SB357, s. 721 Section 721. 947.013 (1x) (intro.) of the statutes is amended to read:

SB357,228,5 947.013 (1x) (intro.) Whoever violates sub. (1r) under all of the following circumstances is guilty of a Class D H felony:

SB357, s. 722 Section 722. 947.015 of the statutes is amended to read:

SB357,228,10 947.015 Bomb scares. Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a Class E I felony.

SB357, s. 723 Section 723. 948.02 (2) of the statutes is amended to read:

SB357,228,14 948.02 (2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class BC C felony.

SB357, s. 724 Section 724. 948.02 (3) of the statutes is amended to read:

SB357,228,24 948.02 (3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class C F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and 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.

SB357, s. 725 Section 725. 948.02 (3m) of the statutes is repealed.

SB357, s. 726 Section 726. 948.025 (1) of the statutes is renumbered 948.025 (1) (intro.) and amended to read:

SB357,229,4 948.025 (1) (intro.) Whoever commits 3 or more violations under s. 948.02 (1) or (2) within a specified period of time involving the same child is guilty of a:

SB357,229,5 (a) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1).

SB357, s. 727 Section 727. 948.025 (1) (b) of the statutes is created to read:

SB357,229,8 948.025 (1) (b) A Class C felony if fewer than 3 of the violations were violations of s. 948.02 (1).

SB357, s. 728 Section 728. 948.025 (2) of the statutes is renumbered 948.025 (2) (b) and amended to read:

SB357,229,16 948.025 (2) (b) If an action under sub. (1) (b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) or (2) occurred within the time specified period applicable under sub. (1) of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02 (1) or (2).

SB357, s. 729 Section 729. 948.025 (2) (a) of the statutes is created to read:

SB357,229,21 948.025 (2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

SB357, s. 730 Section 730. 948.025 (2m) of the statutes is repealed.

SB357, s. 731 Section 731. 948.03 (2) (a) of the statutes is amended to read:

SB357,229,25 948.03 (2) (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C E felony.

SB357, s. 732 Section 732. 948.03 (2) (b) of the statutes is amended to read:

SB357,230,3 948.03 (2) (b) Whoever intentionally causes bodily harm to a child is guilty of a Class D H felony.

SB357, s. 733 Section 733. 948.03 (2) (c) of the statutes is amended to read:

SB357,230,6 948.03 (2) (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 F felony.

SB357, s. 734 Section 734. 948.03 (3) (a) of the statutes is amended to read:

SB357,230,9 948.03 (3) (a) Whoever recklessly causes great bodily harm to a child is guilty of a Class D G felony.

SB357, s. 735 Section 735. 948.03 (3) (b) of the statutes is amended to read:

SB357,230,12 948.03 (3) (b) Whoever recklessly causes bodily harm to a child is guilty of a Class E I felony.

SB357, s. 736 Section 736. 948.03 (3) (c) of the statutes is amended to read:

SB357,230,15 948.03 (3) (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 H felony.

SB357, s. 737 Section 737. 948.03 (4) (a) of the statutes is amended to read:

SB357,230,23 948.03 (4) (a) A person responsible for the child's welfare is guilty of a Class C F 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.

SB357, s. 738 Section 738. 948.03 (4) (b) of the statutes is amended to read:

SB357,231,7 948.03 (4) (b) A person responsible for the child's welfare is guilty of a Class D H 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.

SB357, s. 739 Section 739. 948.03 (5) of the statutes is repealed.

SB357, s. 740 Section 740. 948.04 (1) of the statutes is amended to read:

SB357,231,12 948.04 (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 F felony.

SB357, s. 741 Section 741. 948.04 (2) of the statutes is amended to read:

SB357,231,19 948.04 (2) A person responsible for the child's welfare is guilty of a Class C F 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.

SB357, s. 742 Section 742. 948.05 (1) (intro.) of the statutes is amended to read:

SB357,231,23 948.05 (1) (intro.) 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 F felony:

SB357, s. 743 Section 743. 948.05 (1m) of the statutes, as affected by 1999 Wisconsin Act 3, is amended to read:

SB357,232,8 948.05 (1m) Whoever 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 is guilty of a Class C F felony if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.

SB357, s. 744 Section 744. 948.05 (2) of the statutes, as affected by 1999 Wisconsin Act 3, is amended to read:

SB357,232,13 948.05 (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) or (b) or (1m) is guilty of a Class C F felony.

SB357, s. 745 Section 745. 948.055 (2) (a) of the statutes is amended to read: