SB357,228,1412
948.02
(2) Second degree sexual assault. Whoever has sexual contact or
13sexual intercourse with a person who has not attained the age of 16 years is guilty
14of a Class
BC C felony.
SB357, s. 724
15Section
724. 948.02 (3) of the statutes is amended to read:
SB357,228,2416
948.02
(3) Failure to act. A person responsible for the welfare of a child who
17has not attained the age of 16 years is guilty of a Class
C F felony if that person has
18knowledge that another person intends to have, is having or has had sexual
19intercourse or sexual contact with the child, is physically and emotionally capable
20of taking action which will prevent the intercourse or contact from taking place or
21being repeated, fails to take that action and the failure to act exposes the child to an
22unreasonable risk that intercourse or contact may occur between the child and the
23other person or facilitates the intercourse or contact that does occur between the
24child and the other person.
SB357, s. 725
25Section
725. 948.02 (3m) of the statutes is repealed.
SB357, s. 726
1Section
726. 948.025 (1) of the statutes is renumbered 948.025 (1) (intro.) and
2amended to read:
SB357,229,43
948.025
(1) (intro.) Whoever commits 3 or more violations under s. 948.02 (1)
4or (2) within a specified period of time involving the same child is guilty of
a:
SB357,229,5
5(a) A Class B felony
if at least 3 of the violations were violations of s. 948.02 (1).
SB357, s. 727
6Section
727. 948.025 (1) (b) of the statutes is created to read:
SB357,229,87
948.025
(1) (b) A Class C felony if fewer than 3 of the violations were violations
8of s. 948.02 (1).
SB357, s. 728
9Section
728. 948.025 (2) of the statutes is renumbered 948.025 (2) (b) and
10amended to read:
SB357,229,1611
948.025
(2) (b) If an action under sub. (1)
(b) is tried to a jury, in order to find
12the defendant guilty the members of the jury must unanimously agree that at least
133 violations
of s. 948.02 (1) or (2) occurred within the
time specified period
applicable
14under sub. (1) of time but need not agree on which acts constitute the requisite
15number
and need not agree on whether a particular violation was a violation of s.
16948.02 (1) or (2).
SB357, s. 729
17Section
729. 948.025 (2) (a) of the statutes is created to read:
SB357,229,2118
948.025
(2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find
19the defendant guilty the members of the jury must unanimously agree that at least
203 violations of s. 948.02 (1) occurred within the specified period of time but need not
21agree on which acts constitute the requisite number.
SB357, s. 730
22Section
730. 948.025 (2m) of the statutes is repealed.
SB357, s. 731
23Section
731. 948.03 (2) (a) of the statutes is amended to read:
SB357,229,2524
948.03
(2) (a) Whoever intentionally causes great bodily harm to a child is
25guilty of a Class
C E felony.
SB357, s. 732
1Section
732. 948.03 (2) (b) of the statutes is amended to read:
SB357,230,32
948.03
(2) (b) Whoever intentionally causes bodily harm to a child is guilty of
3a Class
D H felony.
SB357, s. 733
4Section
733. 948.03 (2) (c) of the statutes is amended to read:
SB357,230,65
948.03
(2) (c) Whoever intentionally causes bodily harm to a child by conduct
6which creates a high probability of great bodily harm is guilty of a Class
C F felony.
SB357, s. 734
7Section
734. 948.03 (3) (a) of the statutes is amended to read:
SB357,230,98
948.03
(3) (a) Whoever recklessly causes great bodily harm to a child is guilty
9of a Class
D G felony.
SB357, s. 735
10Section
735. 948.03 (3) (b) of the statutes is amended to read:
SB357,230,1211
948.03
(3) (b) Whoever recklessly causes bodily harm to a child is guilty of a
12Class
E I felony.
SB357, s. 736
13Section
736. 948.03 (3) (c) of the statutes is amended to read:
SB357,230,1514
948.03
(3) (c) Whoever recklessly causes bodily harm to a child by conduct
15which creates a high probability of great bodily harm is guilty of a Class
D H felony.
SB357, s. 737
16Section
737. 948.03 (4) (a) of the statutes is amended to read:
SB357,230,2317
948.03
(4) (a) A person responsible for the child's welfare is guilty of a Class
18C F felony if that person has knowledge that another person intends to cause, is
19causing or has intentionally or recklessly caused great bodily harm to the child and
20is physically and emotionally capable of taking action which will prevent the bodily
21harm from occurring or being repeated, fails to take that action and the failure to act
22exposes the child to an unreasonable risk of great bodily harm by the other person
23or facilitates the great bodily harm to the child that is caused by the other person.
SB357, s. 738
24Section
738. 948.03 (4) (b) of the statutes is amended to read:
SB357,231,7
1948.03
(4) (b) A person responsible for the child's welfare is guilty of a Class
2D H felony if that person has knowledge that another person intends to cause, is
3causing or has intentionally or recklessly caused bodily harm to the child and is
4physically and emotionally capable of taking action which will prevent the bodily
5harm from occurring or being repeated, fails to take that action and the failure to act
6exposes the child to an unreasonable risk of bodily harm by the other person or
7facilitates the bodily harm to the child that is caused by the other person.
SB357, s. 739
8Section
739. 948.03 (5) of the statutes is repealed.
SB357, s. 740
9Section
740. 948.04 (1) of the statutes is amended to read:
SB357,231,1210
948.04
(1) Whoever is exercising temporary or permanent control of a child and
11causes mental harm to that child by conduct which demonstrates substantial
12disregard for the mental well-being of the child is guilty of a Class
C F felony.
SB357, s. 741
13Section
741. 948.04 (2) of the statutes is amended to read:
SB357,231,1914
948.04
(2) A person responsible for the child's welfare is guilty of a Class
C F
15felony if that person has knowledge that another person has caused, is causing or will
16cause mental harm to that child, is physically and emotionally capable of taking
17action which will prevent the harm, fails to take that action and the failure to act
18exposes the child to an unreasonable risk of mental harm by the other person or
19facilitates the mental harm to the child that is caused by the other person.
SB357, s. 742
20Section
742. 948.05 (1) (intro.) of the statutes is amended to read:
SB357,231,2321
948.05
(1) (intro.) Whoever does any of the following with knowledge of the
22character and content of the sexually explicit conduct involving the child is guilty of
23a Class
C F felony:
SB357,232,8
1948.05
(1m) Whoever produces, performs in, profits from, promotes, imports
2into the state, reproduces, advertises, sells, distributes or possesses with intent to
3sell or distribute, any undeveloped film, photographic negative, photograph, motion
4picture, videotape, sound recording or other reproduction of a child engaging in
5sexually explicit conduct is guilty of a Class
C
F felony if the person knows the
6character and content of the sexually explicit conduct involving the child and if the
7person knows or reasonably should know that the child engaging in the sexually
8explicit conduct has not attained the age of 18 years.
SB357,232,1311
948.05
(2) A person responsible for a child's welfare who knowingly permits,
12allows or encourages the child to engage in sexually explicit conduct for a purpose
13proscribed in sub. (1) (a) or (b) or (1m) is guilty of a Class
C F felony.
SB357, s. 745
14Section
745. 948.055 (2) (a) of the statutes is amended to read:
SB357,232,1615
948.055
(2) (a) A Class
C F felony if the child has not attained the age of 13
16years.
SB357, s. 746
17Section
746. 948.055 (2) (b) of the statutes is amended to read:
SB357,232,1918
948.055
(2) (b) A Class
D H felony if the child has attained the age of 13 years
19but has not attained the age of 18 years.
SB357, s. 747
20Section
747. 948.06 (intro.) of the statutes is amended to read:
SB357,232,22
21948.06 Incest with a child. (intro.) Whoever does any of the following is
22guilty of a Class
BC C felony:
SB357, s. 748
23Section
748. 948.07 (intro.) of the statutes is amended to read:
SB357,233,2
24948.07 Child enticement. (intro.) Whoever, with intent to commit any of the
25following acts, causes or attempts to cause any child who has not attained the age
1of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class
2BC D felony:
SB357, s. 749
3Section
749. 948.08 of the statutes is amended to read:
SB357,233,6
4948.08 Soliciting a child for prostitution. Whoever intentionally solicits
5or causes any child to practice prostitution or establishes any child in a place of
6prostitution is guilty of a Class
BC D felony.
SB357, s. 750
7Section
750. 948.095 (2) (intro.) of the statutes is amended to read:
SB357,233,108
948.095
(2) (intro.) Whoever has sexual contact or sexual intercourse with a
9child who has attained the age of 16 years and who is not the defendant's spouse is
10guilty of a Class
D H felony if all of the following apply:
SB357, s. 751
11Section
751. 948.11 (2) (a) of the statutes is amended to read:
SB357,233,1412
948.11
(2) (a) Whoever, with knowledge of the nature of the material, sells,
13rents, exhibits, transfers or loans to a child any harmful material, with or without
14monetary consideration, is guilty of a Class
E
I felony.
SB357, s. 752
15Section
752. 948.11 (2) (am) of the statutes is amended to read:
SB357,233,1916
948.11
(2) (am) Any person who has attained the age of 17 and who, with
17knowledge of the nature of the description or narrative account, verbally
18communicates, by any means, a harmful description or narrative account to a child,
19with or without monetary consideration, is guilty of a Class
E I felony.
SB357, s. 753
20Section
753. 948.12 (intro.) of the statutes is amended to read:
SB357,233,24
21948.12 Possession of child pornography. (intro.) Whoever possesses any
22undeveloped film, photographic negative, photograph, motion picture, videotape or
23other pictorial reproduction or audio recording of a child engaged in sexually explicit
24conduct under all of the following circumstances is guilty of a Class
E I felony:
SB357, s. 754
25Section
754. 948.13 (2) of the statutes is amended to read:
SB357,234,5
1948.13
(2) Whoever has been convicted of a serious child sex offense and
2subsequently engages in an occupation or participates in a volunteer position that
3requires him or her to work or interact primarily and directly with children under
416 years of age is guilty of a Class
C F felony. This subsection does not apply to a
5person who is exempt under a court order issued under sub. (2m).
SB357, s. 755
6Section
755. 948.20 of the statutes is amended to read:
SB357,234,9
7948.20 Abandonment of a child. Whoever, with intent to abandon the child,
8leaves any child in a place where the child may suffer because of neglect is guilty of
9a Class
D G felony.
SB357, s. 756
10Section
756. 948.21 (1) of the statutes is amended to read:
SB357,234,1411
948.21
(1) Any person who is responsible for a child's welfare who, through his
12or her actions or failure to take action, intentionally contributes to the neglect of the
13child is guilty of a Class A misdemeanor or, if death is a consequence, a Class
C D 14felony.
SB357, s. 757
15Section
757. 948.22 (2) of the statutes is amended to read:
SB357,234,2116
948.22
(2) Any person who intentionally fails for 120 or more consecutive days
17to provide spousal, grandchild or child support which the person knows or reasonably
18should know the person is legally obligated to provide is guilty of a Class
E I felony.
19A prosecutor may charge a person with multiple counts for a violation under this
20subsection if each count covers a period of at least 120 consecutive days and there is
21no overlap between periods.
SB357, s. 758
22Section
758. 948.23 of the statutes is amended to read:
SB357,234,25
23948.23 Concealing death of child. Any person who conceals the corpse of
24any issue of a woman's body with intent to prevent a determination of whether it was
25born dead or alive is guilty of a Class
E I felony.
SB357, s. 759
1Section
759. 948.24 (1) (intro.) of the statutes is amended to read:
SB357,235,32
948.24
(1) (intro.) Whoever does any of the following is guilty of a Class
D H 3felony:
SB357, s. 760
4Section
760. 948.30 (1) (intro.) of the statutes is amended to read:
SB357,235,65
948.30
(1) (intro.) Any person who, for any unlawful purpose, does any of the
6following is guilty of a Class
C E felony:
SB357, s. 761
7Section
761. 948.30 (2) (intro.) of the statutes is amended to read:
SB357,235,98
948.30
(2) (intro.) Any person who, for any unlawful purpose, does any of the
9following is guilty of a Class
B C felony:
SB357, s. 762
10Section
762. 948.31 (1) (b) of the statutes is amended to read:
SB357,235,1911
948.31
(1) (b) Except as provided under chs. 48 and 938, whoever intentionally
12causes a child to leave, takes a child away or withholds a child for more than 12 hours
13beyond the court-approved period of physical placement or visitation period from a
14legal custodian with intent to deprive the custodian of his or her custody rights
15without the consent of the custodian is guilty of a Class
C F felony. This paragraph
16is not applicable if the court has entered an order authorizing the person to so take
17or withhold the child. The fact that joint legal custody has been awarded to both
18parents by a court does not preclude a court from finding that one parent has
19committed a violation of this paragraph.
SB357, s. 763
20Section
763. 948.31 (2) of the statutes is amended to read:
SB357,236,221
948.31
(2) Whoever causes a child to leave, takes a child away or withholds a
22child for more than 12 hours from the child's parents or, in the case of a nonmarital
23child whose parents do not subsequently intermarry under s. 767.60, from the child's
24mother or, if he has been granted legal custody, the child's father, without the consent
25of the parents, the mother or the father with legal custody, is guilty of a Class
E I
1felony. This subsection is not applicable if legal custody has been granted by court
2order to the person taking or withholding the child.
SB357, s. 764
3Section
764. 948.31 (3) (intro.) of the statutes is amended to read:
SB357,236,54
948.31
(3) (intro.) Any parent, or any person acting pursuant to directions from
5the parent, who does any of the following is guilty of a Class
C F felony:
SB357, s. 767
8Section
767. 948.40 (4) (a) of the statutes is amended to read:
SB357,236,109
948.40
(4) (a) If death is a consequence, the person is guilty of a Class
C D 10felony; or
SB357, s. 768
11Section
768. 948.40 (4) (b) of the statutes is amended to read:
SB357,236,1412
948.40
(4) (b) If the child's act which is encouraged or contributed to is a
13violation of a state or federal criminal law which is punishable as a felony, the person
14is guilty of a Class
D H felony.
SB357, s. 769
15Section
769. 948.51 (3) (b) of the statutes is amended to read:
SB357,236,1716
948.51
(3) (b) A Class
E H felony if the act results in great bodily harm
or death 17to another.