2005 WISCONSIN ACT 437
An Act to renumber and amend 948.02 (1) and 948.025 (1) (a); to amend 948.025 (2) (a); and to create 948.02 (1) (a), 948.025 (1) (ag) and 948.025 (2) (am) of the statutes; relating to: sexual assault of a child and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
437,1
Section
1. 948.02 (1) of the statutes is renumbered 948.02 (1) (intro.) and amended to read:
948.02 (1) First degree sexual assault. (intro.) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of one of the following:
(b) If the sexual contact or sexual intercourse did not result in great bodily harm to the person, a Class B felony.
437,2
Section
2. 948.02 (1) (a) of the statutes is created to read:
948.02 (1) (a) If the sexual contact or sexual intercourse resulted in great bodily harm to the person, a Class A felony.
437,3
Section
3. 948.025 (1) (a) of the statutes is renumbered 948.025 (1) (ar) and amended to read:
948.025 (1) (ar) A Class B felony if fewer than 3 of the violations were violations of s. 948.02 (1) (a) but at least 3 of the violations were violations of s. 948.02 (1) (a) or (b).
437,4
Section
4. 948.025 (1) (ag) of the statutes is created to read:
948.025 (1) (ag) A Class A felony if at least 3 of the violations were violations of s. 948.02 (1) (a).
437,5
Section
5. 948.025 (2) (a) of the statutes is amended to read:
948.025 (2) (a) If an action under sub. (1) (a) (ag) 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) (a) occurred within the specified period of time but need not agree on which acts constitute the requisite number.
437,6
Section
6. 948.025 (2) (am) of the statutes is created to read:
948.025 (2) (am) If an action under sub. (1) (ar) 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) (a) or (b) occurred within the specified period of time but need not agree on which acts constitute the requisite number.
437,7
Section
7.
Initial applicability.
(1) This act first applies to violations committed on the effective date of this subsection.