AB3: Bill Text

AB3,143,11 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class E I felony:

AB3, s. 569 Section 569. 946.70 (2) of the statutes is amended to read:

AB3,143,15 946.70 (2) Any person violating sub. (1) with the intent to commit or aid or abet the commission of a crime other than the crime under this section is guilty of a Class D H felony.

AB3, s. 570 Section 570. 946.72 (1) of the statutes is amended to read:

AB3,143,18 946.72 (1) Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class D H felony.

AB3, s. 571 Section 571. 946.74 (2) of the statutes is amended to read:

AB3,143,22 946.74 (2) Whoever violates sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class D H felony.

AB3, s. 572 Section 572. 946.76 of the statutes is amended to read:

AB3,144,3 946.76 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.

AB3, s. 573 Section 573. 946.82 (4) of the statutes is amended to read:

AB3,144,18 946.82 (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) 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 (d) (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) (b), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b), (bm), and (c), 943.60, 943.70, 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.

AB3, s. 574 Section 574. 946.84 (1) of the statutes is amended to read:

AB3,144,21 946.84 (1) Any person convicted of engaging in racketeering activity in violation of s. 946.83 is guilty of a Class C E felony.

AB3, s. 575 Section 575. 946.85 (1) of the statutes is amended to read:

AB3,145,2 946.85 (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.

AB3, s. 576 Section 576. 947.013 (1t) of the statutes is amended to read:

AB3,145,7 947.013 (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), (2m), (3) or (3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.

AB3, s. 577 Section 577. 947.013 (1v) of the statutes is amended to read:

AB3,145,12 947.013 (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).

AB3, s. 578 Section 578. 947.013 (1x) (intro.) of the statutes is amended to read:

AB3,145,15 947.013 (1x) (intro.) Whoever violates sub. (1r) under all of the following circumstances is guilty of a Class D H felony:

AB3, s. 579 Section 579. 947.015 of the statutes is amended to read:

AB3,145,20 947.015 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.

AB3, s. 580 Section 580. 948.02 (2) of the statutes is amended to read:

AB3,145,24 948.02 (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.

AB3, s. 581 Section 581. 948.02 (3) of the statutes is amended to read:

AB3,146,9 948.02 (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.

AB3, s. 582 Section 582. 948.02 (3m) of the statutes is repealed.

AB3, s. 583 Section 583. 948.025 (1) of the statutes is renumbered 948.025 (1) (intro.) and amended to read:

AB3,146,14 948.025 (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:

AB3,146,15 (a) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1).

AB3, s. 584 Section 584. 948.025 (1) (b) of the statutes is created to read:

AB3,146,18 948.025 (1) (b) A Class C felony if fewer than 3 of the violations were violations of s. 948.02 (1).

AB3, s. 585 Section 585. 948.025 (2) of the statutes is renumbered 948.025 (2) (b) and amended to read:

AB3,147,2 948.025 (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).

AB3, s. 586 Section 586. 948.025 (2) (a) of the statutes is created to read:

AB3,147,7 948.025 (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.

AB3, s. 587 Section 587. 948.025 (2m) of the statutes is repealed.

AB3, s. 588 Section 588. 948.03 (2) (a) of the statutes is amended to read:

AB3,147,11 948.03 (2) (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C E felony.

AB3, s. 589 Section 589. 948.03 (2) (b) of the statutes is amended to read:

AB3,147,14 948.03 (2) (b) Whoever intentionally causes bodily harm to a child is guilty of a Class D H felony.

AB3, s. 590 Section 590. 948.03 (2) (c) of the statutes is amended to read:

AB3,147,17 948.03 (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.

AB3, s. 591 Section 591. 948.03 (3) (a) of the statutes is amended to read:

AB3,147,20 948.03 (3) (a) Whoever recklessly causes great bodily harm to a child is guilty of a Class D G felony.

AB3, s. 592 Section 592. 948.03 (3) (b) of the statutes is amended to read:

AB3,147,23 948.03 (3) (b) Whoever recklessly causes bodily harm to a child is guilty of a Class E I felony.

AB3, s. 593 Section 593. 948.03 (3) (c) of the statutes is amended to read:

AB3,148,2 948.03 (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.

AB3, s. 594 Section 594. 948.03 (4) (a) of the statutes is amended to read:

AB3,148,10 948.03 (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.

AB3, s. 595 Section 595. 948.03 (4) (b) of the statutes is amended to read:

AB3,148,18 948.03 (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.

AB3, s. 596 Section 596. 948.03 (5) of the statutes is repealed.

AB3, s. 597 Section 597. 948.04 (1) of the statutes is amended to read:

AB3,148,23 948.04 (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.

AB3, s. 598 Section 598. 948.04 (2) of the statutes is amended to read:

AB3,149,6 948.04 (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.

AB3, s. 599 Section 599. 948.05 (1) (intro.) of the statutes is amended to read:

AB3,149,10 948.05 (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:

AB3, s. 600 Section 600. 948.05 (1m) of the statutes is amended to read:

AB3,149,19 948.05 (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.

AB3, s. 601 Section 601. 948.05 (2) of the statutes is amended to read:

AB3,149,23 948.05 (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.

AB3, s. 602 Section 602. 948.055 (2) (a) of the statutes is amended to read:

AB3,150,2 948.055 (2) (a) A Class C F felony if the child has not attained the age of 13 years.

AB3, s. 603 Section 603. 948.055 (2) (b) of the statutes is amended to read:

AB3,150,5 948.055 (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.

AB3, s. 604 Section 604. 948.06 (intro.) of the statutes is amended to read:

AB3,150,8 948.06 Incest with a child. (intro.) Whoever does any of the following is guilty of a Class BC C felony:

AB3, s. 605 Section 605. 948.07 (intro.) of the statutes is amended to read:

AB3,150,13 948.07 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:

AB3, s. 606 Section 606. 948.08 of the statutes is amended to read:

AB3,150,17 948.08 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.

AB3, s. 607 Section 607. 948.095 (2) (intro.) of the statutes is amended to read:

AB3,150,21 948.095 (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:

AB3, s. 608 Section 608. 948.11 (2) (a) of the statutes is amended to read:

AB3,150,25 948.11 (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.

AB3, s. 609 Section 609. 948.11 (2) (am) of the statutes is amended to read:

AB3,151,5 948.11 (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.

AB3, s. 610 Section 610. 948.12 (intro.) of the statutes is amended to read:

AB3,151,10 948.12 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:

AB3, s. 611 Section 611. 948.13 (2) of the statutes is amended to read:

AB3,151,16 948.13 (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).

AB3, s. 612 Section 612. 948.20 of the statutes is amended to read:

AB3,151,20 948.20 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.

AB3, s. 613 Section 613. 948.21 (1) of the statutes is amended to read:

AB3,151,25 948.21 (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.