SB357: Bill Text

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:

SB357,232,16 948.055 (2) (a) A Class C F felony if the child has not attained the age of 13 years.

SB357, s. 746 Section 746. 948.055 (2) (b) of the statutes is amended to read:

SB357,232,19 948.055 (2) (b) A Class D H felony if the child has attained the age of 13 years but has not attained the age of 18 years.

SB357, s. 747 Section 747. 948.06 (intro.) of the statutes is amended to read:

SB357,232,22 948.06 Incest with a child. (intro.) Whoever does any of the following is guilty of a Class BC C felony:

SB357, s. 748 Section 748. 948.07 (intro.) of the statutes is amended to read:

SB357,233,2 948.07 Child enticement. (intro.) 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 D felony:

SB357, s. 749 Section 749. 948.08 of the statutes is amended to read:

SB357,233,6 948.08 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 D felony.

SB357, s. 750 Section 750. 948.095 (2) (intro.) of the statutes is amended to read:

SB357,233,10 948.095 (2) (intro.) 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 H felony if all of the following apply:

SB357, s. 751 Section 751. 948.11 (2) (a) of the statutes is amended to read:

SB357,233,14 948.11 (2) (a) Whoever, with knowledge of the nature of the material, sells, rents, exhibits, transfers or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E I felony.

SB357, s. 752 Section 752. 948.11 (2) (am) of the statutes is amended to read:

SB357,233,19 948.11 (2) (am) Any person who has attained the age of 17 and who, with knowledge of the nature of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class E I felony.

SB357, s. 753 Section 753. 948.12 (intro.) of the statutes is amended to read:

SB357,233,24 948.12 Possession of child pornography. (intro.) 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 I felony:

SB357, s. 754 Section 754. 948.13 (2) of the statutes is amended to read:

SB357,234,5 948.13 (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 F felony. This subsection does not apply to a person who is exempt under a court order issued under sub. (2m).

SB357, s. 755 Section 755. 948.20 of the statutes is amended to read:

SB357,234,9 948.20 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 G felony.

SB357, s. 756 Section 756. 948.21 (1) of the statutes is amended to read:

SB357,234,14 948.21 (1) Any person who is responsible for a child's welfare who, through his or her actions or failure to take action, intentionally contributes to the neglect of the child is guilty of a Class A misdemeanor or, if death is a consequence, a Class C D felony.

SB357, s. 757 Section 757. 948.22 (2) of the statutes is amended to read:

SB357,234,21 948.22 (2) Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class E I felony. A prosecutor may charge a person with multiple counts for a violation under this subsection if each count covers a period of at least 120 consecutive days and there is no overlap between periods.

SB357, s. 758 Section 758. 948.23 of the statutes is amended to read:

SB357,234,25 948.23 Concealing death of child. Any person who conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive is guilty of a Class E I felony.

SB357, s. 759 Section 759. 948.24 (1) (intro.) of the statutes is amended to read:

SB357,235,3 948.24 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

SB357, s. 760 Section 760. 948.30 (1) (intro.) of the statutes is amended to read:

SB357,235,6 948.30 (1) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C E felony:

SB357, s. 761 Section 761. 948.30 (2) (intro.) of the statutes is amended to read:

SB357,235,9 948.30 (2) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class B C felony:

SB357, s. 762 Section 762. 948.31 (1) (b) of the statutes is amended to read:

SB357,235,19 948.31 (1) (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.

SB357, s. 763 Section 763. 948.31 (2) of the statutes is amended to read:

SB357,236,2 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.60, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class E I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.

SB357, s. 764 Section 764. 948.31 (3) (intro.) of the statutes is amended to read:

SB357,236,5 948.31 (3) (intro.) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class C F felony:

SB357, s. 765 Section 765. 948.35 of the statutes is repealed.

SB357, s. 766 Section 766. 948.36 of the statutes is repealed.

SB357, s. 767 Section 767. 948.40 (4) (a) of the statutes is amended to read:

SB357,236,10 948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or

SB357, s. 768 Section 768. 948.40 (4) (b) of the statutes is amended to read:

SB357,236,14 948.40 (4) (b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class D H felony.

SB357, s. 769 Section 769. 948.51 (3) (b) of the statutes is amended to read:

SB357,236,17 948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.

SB357, s. 770 Section 770. 948.51 (3) (c) of the statutes is created to read:

SB357,236,19 948.51 (3) (c) A Class G felony if the act results in the death of another.

SB357, s. 771 Section 771. 948.60 (2) (b) of the statutes is amended to read:

SB357,236,23 948.60 (2) (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class E I felony.

SB357, s. 772 Section 772. 948.60 (2) (c) of the statutes is amended to read:

SB357,237,3 948.60 (2) (c) Whoever violates par. (b) is guilty of a Class D H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

SB357, s. 773 Section 773. 948.605 (2) (a) of the statutes is amended to read:

SB357,237,7 948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class A misdemeanor I felony.

SB357, s. 774 Section 774. 948.605 (3) (a) of the statutes is amended to read:

SB357,237,11 948.605 (3) (a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class D G felony.

SB357, s. 775 Section 775. 948.605 (4) of the statutes is repealed.

SB357, s. 776 Section 776. 948.61 (2) (b) of the statutes is amended to read:

SB357,237,16 948.61 (2) (b) A Class E I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.

SB357, s. 777 Section 777. 948.62 (1) (a) of the statutes is amended to read:

SB357,237,19 948.62 (1) (a) A Class E felony A misdemeanor, if the value of the property does not exceed $500.

SB357, s. 778 Section 778. 948.62 (1) (b) of the statutes is amended to read:

SB357,237,22 948.62 (1) (b) A Class D I felony, if the value of the property exceeds $500 but does not exceed $2,500 $2,000.

SB357, s. 779 Section 779. 948.62 (1) (bm) of the statutes is created to read:

SB357,237,25 948.62 (1) (bm) A Class H felony, if the value of the property exceeds $2,000 but does not exceed $5,000.

SB357, s. 780 Section 780. 948.62 (1) (c) of the statutes is amended to read:

SB357,238,3 948.62 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $5,000.

SB357, s. 781 Section 781. 949.03 (1) (b) of the statutes is amended to read:

SB357,238,10 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03, 948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.

SB357, s. 782 Section 782. 950.04 (1v) (g) of the statutes is amended to read:

SB357,238,14 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

SB357, s. 783 Section 783. 950.04 (1v) (nt) of the statutes is created to read:

SB357,238,18 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).

SB357, s. 784 Section 784. 951.18 (1) of the statutes, as affected by 1997 Wisconsin Act 192, is amended to read:

SB357,239,6 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E I felony.

SB357, s. 785 Section 785. 951.18 (2) of the statutes is amended to read:

SB357,239,11 951.18 (2) Any person who violates s. 951.08 (2m) or (3) is guilty of a Class A misdemeanor. Any person who violates s. 951.08 (1) or (2) is guilty of a Class E I felony for the first violation and is guilty of a Class D H felony for the 2nd or subsequent violation.

SB357, s. 786 Section 786. 951.18 (2m) of the statutes is amended to read:

SB357,239,23 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D H felony.

SB357, s. 787 Section 787. 961.41 (1) (intro.) of the statutes is amended to read:

SB357,240,4 961.41 (1) Manufacture, distribution or delivery. (intro.) Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to is subject to the following penalties:

SB357, s. 788 Section 788. 961.41 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,240,12 961.41 (1) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 22 years and 6 months or both the person is guilty of a Class E felony.

SB357, s. 789 Section 789. 961.41 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read: