109,871
Section 871. 946.76 of the statutes is amended to read:
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.
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, 201.09 (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), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
(c) and (d) (bf) to (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)
(bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
(bf), (bm), and (c), 943.60, 943.70, 943.76, 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.
109,873
Section 873. 946.84 (1) of the statutes is amended to read:
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.
109,874
Section 874. 946.85 (1) of the statutes is amended to read:
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.
109,874x
Section 874x. 947.013 (1t) of the statutes is amended to read:
947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E felony if the person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) or (3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.
109,875b
Section 875b. 947.013 (1t) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
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), (2e), (2m), or (3) involving the same victim and the present violation occurs within 7 years of the prior conviction.
109,876
Section 876. 947.013 (1v) of the statutes is amended to read:
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).
109,877
Section 877. 947.013 (1x) (intro.) of the statutes is amended to read:
947.013 (1x) (intro.) Whoever violates sub. (1r) under all of the following circumstances is guilty of a Class D H felony:
109,877g
Section 877g. 947.013 (1x) (a) of the statutes is amended to read:
947.013 (1x) (a) The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32 (2), (2e), (2m), or (3) or (3m).
109,878
Section 878. 947.015 of the statutes is amended to read:
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.
109,879
Section 879. 948.02 (2) of the statutes is amended to read:
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.
109,880
Section 880. 948.02 (3) of the statutes is amended to read:
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.
109,881
Section 881. 948.02 (3m) of the statutes is repealed.
109,882
Section 882. 948.025 (1) of the statutes is renumbered 948.025 (1) (intro.) and amended to read:
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 :
(a) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1).
109,883
Section 883. 948.025 (1) (b) of the statutes is created to read:
948.025 (1) (b) A Class C felony if fewer than 3 of the violations were violations of s. 948.02 (1).
109,884
Section 884. 948.025 (2) of the statutes is renumbered 948.025 (2) (b) and amended to read:
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).
109,885
Section 885. 948.025 (2) (a) of the statutes is created to read:
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.
109,886
Section 886. 948.025 (2m) of the statutes is repealed.
109,886f
Section 886f. 948.025 (3) of the statutes is amended to read:
948.025 (3) The state may not charge in the same action a defendant with a violation of this section and with a felony violation involving the same child under ch. 944 or a violation involving the same child under s. 948.02, 948.05, 948.06, 948.07, 948.075, 948.08, 948.10, 948.11, or 948.12, unless the other violation occurred outside of the time period applicable under sub. (1). This subsection does not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged with a violation of this section.
109,887
Section 887. 948.03 (2) (a) of the statutes is amended to read:
948.03 (2) (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C E felony.
109,888
Section 888. 948.03 (2) (b) of the statutes is amended to read:
948.03 (2) (b) Whoever intentionally causes bodily harm to a child is guilty of a Class D H felony.
109,889
Section 889. 948.03 (2) (c) of the statutes is amended to read:
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.
109,890
Section 890. 948.03 (3) (a) of the statutes is amended to read:
948.03 (3) (a) Whoever recklessly causes great bodily harm to a child is guilty of a Class D G felony.
109,891
Section 891. 948.03 (3) (b) of the statutes is amended to read:
948.03 (3) (b) Whoever recklessly causes bodily harm to a child is guilty of a Class E I felony.
109,892
Section 892. 948.03 (3) (c) of the statutes is amended to read:
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.
109,893
Section 893. 948.03 (4) (a) of the statutes is amended to read:
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.
109,894
Section 894. 948.03 (4) (b) of the statutes is amended to read:
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.
109,895
Section 895. 948.03 (5) of the statutes is repealed.
109,896
Section 896. 948.04 (1) of the statutes is amended to read:
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.
109,897
Section 897. 948.04 (2) of the statutes is amended to read:
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.
109,898
Section 898. 948.05 (1) (intro.) of the statutes is amended to read:
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:
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 recording 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.
109,900
Section 900. 948.05 (2) of the statutes is amended to read:
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.
109,901
Section 901. 948.055 (2) (a) of the statutes is amended to read:
948.055 (2) (a) A Class C F felony if the child has not attained the age of 13 years.
109,902
Section 902. 948.055 (2) (b) of the statutes is amended to read:
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.
109,903
Section 903. 948.06 (intro.) of the statutes is amended to read:
948.06 Incest with a child. (intro.) Whoever does any of the following is guilty of a Class BC C felony:
109,904
Section 904. 948.07 (intro.) of the statutes is amended to read:
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:
109,904m
Section 904m. 948.075 of the statutes is created to read:
948.075 Use of a computer to facilitate a child sex crime. (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC felony.
(2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.
(3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1) shall be necessary to prove that intent.
109,904n
Section 904n. 948.075 (1) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:
948.075 (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC Class D felony.
109,905
Section 905. 948.08 of the statutes is amended to read:
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.
109,906
Section 906. 948.095 (2) (intro.) of the statutes is amended to read:
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:
948.11 (2) (a) (intro.) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E I felony if any of the following applies:
948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the character and content 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 if any of the following applies:
948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E I felony:
