SB55-ASA1,1247,2220
948.05
(1) (a) Employs, uses, persuades, induces, entices
, or coerces any child
21to engage in sexually explicit conduct for the purpose of
photographing, filming,
22videotaping, recording
the sounds of or displaying in any way the conduct.
SB55-ASA1,1247,2524
948.05
(1) (b)
Photographs, films, videotapes, records the sounds of Records or
25displays in any way a child engaged in sexually explicit conduct.
SB55-ASA1,1248,92
948.05
(1m) Whoever produces, performs in, profits from, promotes, imports
3into the state, reproduces, advertises, sells, distributes
, or possesses with intent to
4sell or distribute, any
undeveloped film, photographic negative, photograph, motion
5picture, videotape, sound recording
or other reproduction of a child engaging in
6sexually explicit conduct is guilty of a Class C felony if the person knows the
7character and content of the sexually explicit conduct involving the child and if the
8person knows or reasonably should know that the child engaging in the sexually
9explicit conduct has not attained the age of 18 years.
SB55-ASA1,1248,1211
948.07
(4) Taking a picture or making an audio recording of Recording the child
12engaging in sexually explicit conduct.
SB55-ASA1,1248,1814
948.11
(1) (ar) 2. Any book, pamphlet, magazine, printed matter however
15reproduced or
sound recording that contains any matter enumerated in subd. 1., or
16explicit and detailed verbal descriptions or narrative accounts of sexual excitement,
17sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and
18that, taken as a whole, is harmful to children.
SB55-ASA1, s. 2117
21Section
2117. 948.11 (2) (a) of the statutes is renumbered 948.11 (2) (a) (intro.)
22and amended to read:
SB55-ASA1,1249,223
948.11
(2) (a) (intro.) Whoever, with knowledge of the
nature the character and
24content of the material, sells, rents, exhibits,
transfers plays, distributes, or loans to
1a child any harmful material, with or without monetary consideration, is guilty of a
2Class E felony
. if any of the following applies:
SB55-ASA1, s. 2118
3Section
2118. 948.11 (2) (a) 1. and 2. of the statutes are created to read:
SB55-ASA1,1249,54
948.11
(2) (a) 1. The person knows or reasonably should know that the child
5has not attained the age of 18 years.
SB55-ASA1,1249,76
2. The person has face-to-face contact with the child before or during the sale,
7rental, exhibit, playing, distribution, or loan.
SB55-ASA1, s. 2119
8Section
2119. 948.11 (2) (am) of the statutes is renumbered 948.11 (2) (am)
9(intro.) and amended to read:
SB55-ASA1,1249,1410
948.11
(2) (am) (intro.) Any person who has attained the age of 17 and who, with
11knowledge of the
nature character and content of the description or narrative
12account, verbally communicates, by any means, a harmful description or narrative
13account to a child, with or without monetary consideration, is guilty of a Class E
14felony
. if any of the following applies:
SB55-ASA1, s. 2120
15Section
2120. 948.11 (2) (am) 1. and 2. of the statutes are created to read:
SB55-ASA1,1249,1716
948.11
(2) (am) 1. The person knows or reasonably should know that the child
17has not attained the age of 18 years.
SB55-ASA1,1249,1918
2. The person has face-to-face contact with the child before or during the
19communication.
SB55-ASA1, s. 2121
20Section
2121. 948.11 (2) (b) of the statutes is renumbered 948.11 (2) (b) (intro.)
21and amended to read:
SB55-ASA1,1249,2522
948.11
(2) (b) (intro.) Whoever, with knowledge of the
nature character and
23content of the material, possesses harmful material with the intent to sell, rent,
24exhibit,
transfer play, distribute, or loan the material to a child is guilty of a Class A
25misdemeanor
. if any of the following applies:
SB55-ASA1, s. 2122
1Section
2122. 948.11 (2) (b) 1. and 2. of the statutes are created to read:
SB55-ASA1,1250,32
948.11
(2) (b) 1. The person knows or reasonably should know that the child
3has not attained the age of 18 years.
SB55-ASA1,1250,44
2. The person has face-to-face contact with the child.
SB55-ASA1,1250,126
948.11
(2) (c) It is an affirmative defense to a prosecution for a violation of
this
7section pars. (a) 2., (am) 2., and (b) 2. if the defendant had reasonable cause to believe
8that the child had attained the age of 18 years, and the child exhibited to the
9defendant a draft card, driver's license, birth certificate or other official or
10apparently official document purporting to establish that the child had attained the
11age of 18 years. A defendant who raises this affirmative defense has the burden of
12proving this defense by a preponderance of the evidence.
SB55-ASA1, s. 2124
13Section
2124. 948.12 of the statutes is renumbered 948.12 (1m), and 948.12
14(1m) (intro.) and (b), as renumbered, are amended to read:
SB55-ASA1,1250,1815
948.12
(1m) (intro.) Whoever possesses any undeveloped film, photographic
16negative, photograph, motion picture, videotape
, or other
pictorial reproduction, or
17audio recording of a child engaged in sexually explicit conduct under all of the
18following circumstances is guilty of a Class E felony:
SB55-ASA1,1250,2019
(b) The person knows the character and content of the sexually explicit conduct
20shown in the material.
SB55-ASA1,1250,2322
948.12
(2m) Whoever exhibits or plays a recording of a child engaged in
23sexually explicit conduct, if all of the following apply, is guilty of a Class E felony:
SB55-ASA1,1250,2424
(a) The person knows that he or she has exhibited or played the recording.
SB55-ASA1,1251,2
1(b) Before the person exhibited or played the recording, he or she knew the
2character and content of the sexually explicit conduct.
SB55-ASA1,1251,53
(c) Before the person exhibited or played the recording, he or she knew or
4reasonably should have known that the child engaged in sexually explicit conduct
5had not attained the age of 18 years.
SB55-ASA1,1251,147
950.04
(1v) (v) To have the department of corrections make a reasonable
8attempt to notify the victim under s. 301.046 (4) regarding community residential
9confinements, under s. 301.048 (4m) regarding participation in the intensive
10sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under
11s. 301.46 (3) regarding persons registered under s. 301.45, under s.
302.115 302.105 12regarding release upon expiration of certain sentences, under s. 304.063 regarding
13extended supervision and parole releases, and under s. 938.51 regarding release or
14escape of a juvenile from correctional custody.
SB55-ASA1,1251,1616
961.14
(7) (p) 4-methylthioamphetamine, commonly known as "4-MTA."
SB55-ASA1,1251,2118
961.41
(1) (b) Except as provided in pars. (cm) and (e) to
(h) (hm), any other
19controlled substance included in schedule I, II or III, or a controlled substance analog
20of any other controlled substance included in schedule I or II, may be fined not more
21than $15,000 or imprisoned for not more than 7 years and 6 months or both.
SB55-ASA1,1252,523
961.41
(1) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone,
243,4-methylenedioxymethamphetamine,
254-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,
1ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
2gamma-butyrolactone, 3,4-methylenedioxymethamphetamine,
34-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
4subject to the following penalties if the amount manufactured, distributed, or
5delivered is:
SB55-ASA1,1252,76
1. Three grams or less, the person shall be fined not less than $1,000 nor more
7than $200,000 and may be imprisoned for not more than 7 years and 6 months.
SB55-ASA1,1252,108
2. More than 3 grams but not more than 10 grams, the person shall be fined
9not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
106 months nor more than 7 years and 6 months.
SB55-ASA1,1252,1311
3. More than 10 grams but not more than 50 grams, the person shall be fined
12not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
13one year nor more than 22 years and 6 months.
SB55-ASA1,1252,1614
4. More than 50 grams but not more than 200 grams, the person shall be fined
15not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
163 years nor more than 22 years and 6 months.
SB55-ASA1,1252,1917
5. More than 200 grams but not more than 400 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
195 years nor more than 22 years and 6 months.
SB55-ASA1,1252,2220
6. More than 400 grams, the person shall be fined not less than $1,000 nor more
21than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
22years.
SB55-ASA1, s. 2129
23Section
2129. 961.41 (1) (im) of the statutes is renumbered 961.41 (1) (im)
24(intro.) and amended to read:
SB55-ASA1,1253,3
1961.41
(1) (im) (intro.) Flunitrazepam
, may be fined not more than $15,000 or
2imprisoned for not more than 7 years and 6 months or both. is subject to the following
3penalties if the amount manufactured, distributed, or delivered is:
SB55-ASA1, s. 2130
4Section
2130. 961.41 (1) (im) 1. to 6. of the statutes are created to read:
SB55-ASA1,1253,75
961.41
(1) (im) 1. Three grams or less, the person shall be fined not less than
6$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
76 months.
SB55-ASA1,1253,108
2. More than 3 grams but not more than 10 grams, the person shall be fined
9not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
106 months nor more than 7 years and 6 months.
SB55-ASA1,1253,1311
3. More than 10 grams but not more than 50 grams, the person shall be fined
12not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
13one year nor more than 22 years and 6 months.
SB55-ASA1,1253,1614
4. More than 50 grams but not more than 200 grams, the person shall be fined
15not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
163 years nor more than 22 years and 6 months.
SB55-ASA1,1253,1917
5. More than 200 grams but not more than 400 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
195 years nor more than 22 years and 6 months.
SB55-ASA1,1253,2220
6. More than 400 grams, the person shall be fined not less than $1,000 nor more
21than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
22years.
SB55-ASA1,1254,224
961.41
(1m) (b) Except as provided in pars. (cm) and (e) to
(h) (hm), any other
25controlled substance included in schedule I, II or III, or a controlled substance analog
1of any other controlled substance included in schedule I or II, may be fined not more
2than $15,000 or imprisoned for not more than 7 years and 6 months or both.
SB55-ASA1,1254,114
961.41
(1m) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone,
53,4-methylenedioxymethamphetamine
64-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,
7ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
8gamma-butyrolactone, 3,4-methylenedioxymethamphetamine
94-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
10subject to the following penalties if the amount possessed, with intent to
11manufacture, distribute, or deliver is :
SB55-ASA1,1254,1312
1. Three grams or less, the person shall be fined not less than $1,000 nor more
13than $200,000 and may be imprisoned for not more than 7 years and 6 months.
SB55-ASA1,1254,1614
2. More than 3 grams but not more than 10 grams, the person shall be fined
15not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
166 months nor more than 7 years and 6 months.
SB55-ASA1,1254,1917
3. More than 10 grams but not more than 50 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
19one year nor more than 22 years and 6 months.
SB55-ASA1,1254,2220
4. More than 50 grams but not more than 200 grams, the person shall be fined
21not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
223 years nor more than 22 years and 6 months.
SB55-ASA1,1254,2523
5. More than 200 grams but not more than 400 grams, the person shall be fined
24not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
255 years nor more than 22 years and 6 months.
SB55-ASA1,1255,3
16. More than 400 grams, the person shall be fined not less than $1,000 nor more
2than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
3years.
SB55-ASA1, s. 2133
4Section
2133. 961.41 (1m) (im) of the statutes is renumbered 961.41 (1m) (im)
5(intro.) and amended to read:
SB55-ASA1,1255,96
961.41
(1m) (im) (intro.) Flunitrazepam
, may be fined not more than $15,000
7or imprisoned for not more than 7 years and 6 months or both.
is subject to the
8following penalties if the amount possessed, with intent to manufacture, distribute,
9or deliver, is:
SB55-ASA1, s. 2134
10Section
2134. 961.41 (1m) (im) 1. to 6. of the statutes are created to read:
SB55-ASA1,1255,1311
961.41
(1m) (im) 1. Three grams or less, the person shall be fined not less than
12$1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and
136 months.
SB55-ASA1,1255,1614
2. More than 3 grams but not more than 10 grams, the person shall be fined
15not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than
166 months nor more than 7 years and 6 months.
SB55-ASA1,1255,1917
3. More than 10 grams but not more than 50 grams, the person shall be fined
18not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
19one year nor more than 22 years and 6 months.
SB55-ASA1,1255,2220
4. More than 50 grams but not more than 200 grams, the person shall be fined
21not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
223 years nor more than 22 years and 6 months.
SB55-ASA1,1255,2523
5. More than 200 grams but not more than 400 grams, the person shall be fined
24not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than
255 years nor more than 22 years and 6 months.
SB55-ASA1,1256,3
16. More than 400 grams, the person shall be fined not less than $1,000 nor more
2than $500,000 and shall be imprisoned for not less than 10 years nor more than 45
3years.
SB55-ASA1,1256,75
961.41
(2) (b)
Any other Except as provided in pars. (a) and (bm), any
6counterfeit substance included in schedule I, II or III, may be fined not more than
7$15,000 or imprisoned for not more than 7 years and 6 months or both.
SB55-ASA1,1256,159
961.41
(2) (bm) A counterfeit substance that is a counterfeit of phencyclidine,
10methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid,
11gamma-butyrolactone, 3,4-methylenedioxymethamphetamine
124-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or
13ketamine is punishable by the applicable fine and imprisonment for manufacture,
14distribution, delivery, or possession with intent to manufacture, distribute, or
15deliver, of the genuine controlled substance under sub. (1) or (1m).
SB55-ASA1,1256,2117
961.41
(2) (cm) A counterfeit substance which is flunitrazepam,
may be fined
18not more than $15,000 or imprisoned for not more than 7 years and 6 months or both 19is punishable by the applicable fine and imprisonment for manufacture,
20distribution, delivery, or possession with intent to manufacture, distribute, or
21deliver, of the genuine controlled substance under sub. (1) or (1m).
SB55-ASA1,1257,423
967.04
(9) In any criminal prosecution or juvenile fact-finding hearing under
24s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
25under subs. (7) and (8) without an additional hearing under s. 908.08. In any
1proceeding under s.
302.113 (9) (am), 302.114 (9) (am), 304.06 (3)
, or 973.10 (2), the
2hearing examiner may order and preside at the taking of a videotaped deposition
3using the procedure provided in subs. (7) and (8) and may admit the videotaped
4deposition into evidence without an additional hearing under s. 908.08.
SB55-ASA1,1257,136
971.14
(2) (d) If the court orders that the examination be conducted on an
7inpatient basis,
it shall arrange for the transportation of the sheriff of the county in
8which the court is located shall transport any defendant not free on bail to the
9examining facility within a reasonable time after the examination is ordered and
for 10shall transport the defendant
to be returned to the jail within a reasonable time after
11receiving the sheriff and county department of community programs of the county
12in which the court is located receive notice from the examining facility that the
13examination has been completed.