Wisconsin Legislature: 16,3973

(b) "Obscene material" has the meaning given in s. 944.21 (2) (c).

(2) Whoever sends an unsolicited electronic mail solicitation to a person that contains obscene material or a depiction of sexually explicit conduct without including the words "ADULT ADVERTISEMENT" in the subject line of the electronic mail solicitation is guilty of a Class A misdemeanor.

16,3966h Section 3966h. 945.05 (1) (intro.) of the statutes is amended to read:

945.05 (1) (intro.) Except as provided in subs. (1e) (b) and (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class E felony:

16,3966j Section 3966j. 945.05 (1e) of the statutes is renumbered 945.05 (1e) (b) (intro.) and amended to read:

945.05 (1e) (b) (intro.) Subsection (1) does not apply to a person who manufactures, transfers commercially or possesses with intent to transfer commercially gambling devices described in sub. (1) (a) and (b) to a any of the following:

2. A nonprofit or public educational institution that provides an educational program for which it awards a bachelor's or higher degree for the use in a casino gaming management class.

16,3966m Section 3966m. 945.05 (1e) (a) of the statutes is created to read:

945.05 (1e) (a) In this subsection, "authorized gambling facility" means any of the following:

1. An Indian gaming facility, as defined in s. 569.01 (1j).

2. A gaming establishment located on lands acquired after October 17, 1998, by the U.S. secretary of the interior in trust for the benefit of an Indian tribe.

3. A facility at which gambling lawfully takes place.

16,3966q Section 3966q. 945.05 (1e) (b) 1. of the statutes is created to read:

945.05 (1e) (b) 1. An authorized gambling facility.

16,3966r Section 3966r. 946.82 (4) of the statutes is amended to read:

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) 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) (b) to (c) and (d), 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) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) 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.

16,3967 Section 3967. 948.01 (1d) of the statutes is created to read:

948.01 (1d) "Exhibit," with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.

16,3968 Section 3968. 948.01 (3r) of the statutes is created to read:

948.01 (3r) "Recording" includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.

16,3969 Section 3969. 948.05 (1) (a) of the statutes is amended to read:

948.05 (1) (a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of photographing, filming, videotaping, recording the sounds of or displaying in any way the conduct.

16,3970 Section 3970. 948.05 (1) (b) of the statutes is amended to read:

948.05 (1) (b) Photographs, films, videotapes, records the sounds of Records or displays in any way a child engaged in sexually explicit conduct.

16,3971 Section 3971. 948.05 (1m) of the statutes is amended to read:

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 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.

16,3972 Section 3972. 948.07 (4) of the statutes is amended to read:

948.07 (4) Taking a picture or making an audio recording of Recording the child engaging in sexually explicit conduct.

16,3973 Section 3973. 948.11 (1) (ar) 2. of the statutes is amended to read:

948.11 (1) (ar) 2. Any book, pamphlet, magazine, printed matter however reproduced or sound recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.

16,3974 Section 3974. 948.11 (1) (bm) of the statutes is repealed.

16,3975 Section 3975. 948.11 (1) (c) of the statutes is repealed.

16,3976 Section 3976. 948.11 (2) (a) of the statutes is renumbered 948.11 (2) (a) (intro.) and amended to read:

948.11 (2) (a) (intro.) Whoever, with knowledge of the nature character and content of the material, sells, rents, exhibits, transfers plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E felony. if any of the following applies:

16,3977 Section 3977. 948.11 (2) (a) 1. and 2. of the statutes are created to read:

948.11 (2) (a) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.

16,3978 Section 3978. 948.11 (2) (am) of the statutes is renumbered 948.11 (2) (am) (intro.) and amended to read:

948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the nature 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 felony. if any of the following applies:

16,3979 Section 3979. 948.11 (2) (am) 1. and 2. of the statutes are created to read:

948.11 (2) (am) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

2. The person has face-to-face contact with the child before or during the communication.

16,3980 Section 3980. 948.11 (2) (b) of the statutes is renumbered 948.11 (2) (b) (intro.) and amended to read:

948.11 (2) (b) (intro.) Whoever, with knowledge of the nature character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, transfer play, distribute, or loan the material to a child is guilty of a Class A misdemeanor. if any of the following applies:

16,3981 Section 3981. 948.11 (2) (b) 1. and 2. of the statutes are created to read:

948.11 (2) (b) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

2. The person has face-to-face contact with the child.

16,3982 Section 3982. 948.11 (2) (c) of the statutes is amended to read:

948.11 (2) (c) It is an affirmative defense to a prosecution for a violation of this section pars. (a) 2., (am) 2., and (b) 2. if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.

16,3983 Section 3983. 948.12 of the statutes is renumbered 948.12 (1m), and 948.12 (1m) (intro.) and (b), as renumbered, are amended to read:

948.12 (1m) (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 felony:

(b) The person knows the character and content of the sexually explicit conduct shown in the material.

16,3984 Section 3984. 948.12 (2m) of the statutes is created to read:

948.12 (2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, is guilty of a Class E felony:

(a) The person knows that he or she has exhibited or played the recording.

(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.

(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.

16,3984j Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:

950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.

16,3984m Section 3984m. 950.04 (1v) (v) of the statutes is amended to read:

950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

16,3984p Section 3984p. 950.04 (1v) (yd) of the statutes is created to read:

950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4).

16,3984t Section 3984t. 951.01 (4) of the statutes is amended to read:

951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5), but does not include a conservation warden appointed under s. 23.10 or a state forest ranger.

16,3985 Section 3985. 961.14 (7) (p) of the statutes is created to read:

961.14 (7) (p) 4-methylthioamphetamine, commonly known as "4-MTA."

16,3986 Section 3986. 961.41 (1) (b) of the statutes is amended to read:

961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

16,3987 Section 3987. 961.41 (1) (hm) of the statutes is created to read:

961.41 (1) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount manufactured, distributed, or delivered is:

1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.

2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.

3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.

4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.

5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.

6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

16,3988 Section 3988. 961.41 (1) (im) of the statutes is renumbered 961.41 (1) (im) (intro.) and amended to read:

961.41 (1) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount manufactured, distributed, or delivered is:

16,3989 Section 3989. 961.41 (1) (im) 1. to 6. of the statutes are created to read:

961.41 (1) (im) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.

6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

16,3990 Section 3990. 961.41 (1m) (b) of the statutes is amended to read:

961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.