SB103,8,122
939.74
(2d) (d) If a crime is related to a violation of s. 948.02 (1) or 948.025 (1)
3(a), (b), (c), or (d) and if, before the time limitation for prosecution of that related
4crime expired, the state collected biological material that is evidence of the identity
5of the person who committed the violation of s. 948.02 (1) or 948.025 (1) (a), (b), (c),
6or (d), the state identified a deoxyribonucleic acid profile from the biological material,
7and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid
8profiles of known persons did not result in a probable identification of the person who
9is the source of the biological material, the state may commence prosecution of the
10person who is the source of the biological material for the related crime within 12
11months after comparison of that deoxyribonucleic acid profile results in a probable
12identification of the person.
Note: This Section provides that, within 12 months after a DNA profile is matched
to an identified person for a violation of first-degree sexual assault of a child, a
prosecution may be brought for a crime that is related to the sexual assault violation if
the state collected DNA evidence before the statute of limitations for the prosecution of
the related crime expired.
SB103,8,1715
948.02
(1) First degree sexual assault. (am) Whoever has sexual contact or
16sexual intercourse with a person who has not attained the age of 13 years and causes
17great bodily harm to the person is guilty of a Class A felony.
SB103,8,1918
(b) Whoever has sexual intercourse with a person who has not attained the age
19of 12 years is guilty of a Class B felony.
SB103,9,2
1(c) Whoever has sexual intercourse with a person who has not attained the age
2of 16 years by use or threat of force or violence is guilty of a Class B felony.
SB103,9,53
(d) Whoever has sexual contact with a person who has not attained the age of
416 years by use or threat of force or violence is guilty of a Class B felony if the actor
5is at least 18 years of age when the sexual contact occurs.
SB103,9,76
(e) Whoever has sexual contact with a person who has not attained the age of
713 years is guilty of a Class B felony.
Note: This Section recreates the offense of first-degree sexual assault of a child
to reflect the changes made in Acts 430 and 437.
This Section deletes the separate definition of "sexual intercourse" so that the
general definition for ch. 948 applies to the offense of first-degree sexual assault of a
child.
Also under this Section, the wording par. (am) is amended to remove a
requirement under Act 430 that the great bodily harm result from the sexual contact or
sexual intercourse. This change is intended to allow conviction under par. (am) if the
great bodily harm was caused by the defendant during the course of conduct that
immediately preceded, was concurrent with, or immediately followed the act of sexual
assault. See, State v. Schambow, 176 Wis. 2d 286, 500 N.W.2d 362 (Ct. App. 1993).
SB103,9,1110
948.025
(1) Whoever commits 3 or more violations under s. 948.02 (1) or (2)
11within a specified period of time involving the same child is guilty of:
SB103,9,1312
(a) A Class A felony if at least 3 of the violations were violations of s. 948.02 (1)
13(am).
SB103,9,1514
(b) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1)
15(am), (b), or (c).
SB103,9,1716
(c) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1)
17(am), (b), (c), or (d).
SB103,9,1818
(d) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1).
SB103,10,2
1(e) A Class C felony if at least 3 of the violations were violations of s. 948.02 (1)
2or (2).
Note: This Section restructures the offense of engaging in repeated acts involving
the same child. Under current law, for example, par. (c) requires a showing that the
defendant committed at least 3 violations of sub. (1) (am), (b), (c), or (d), but that fewer
than 3 of the violations were of sub. (am), (b), or (c).
SB103,10,85
948.025
(2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find
6the defendant guilty the members of the jury must unanimously agree that at least
73 violations of s. 948.02 (1) (am) occurred within the specified period of time but need
8not agree on which acts constitute the requisite number.
SB103,10,139
(b) If an action under sub. (1) (b) is tried to a jury, in order to find the defendant
10guilty the members of the jury must unanimously agree that at least 3 violations of
11s. 948.02 (1) (am), (b), or (c) occurred within the specified period of time but need not
12agree on which acts constitute the requisite number and need not agree on whether
13a particular violation was a violation of s. 948.02 (1) (am), (b), or (c).
SB103,10,1814
(c) If an action under sub. (1) (c) is tried to a jury, in order to find the defendant
15guilty the members of the jury must unanimously agree that at least 3 violations of
16s. 948.02 (1) (am), (b), (c), or (d) occurred within the specified period of time but need
17not agree on which acts constitute the requisite number and need not agree on
18whether a particular violation was a violation of s. 948.02 (1) (am), (b), (c), or (d).
SB103,10,2219
(d) If an action under sub. (1) (d) is tried to a jury, in order to find the defendant
20guilty the members of the jury must unanimously agree that at least 3 violations of
21s. 948.02 (1) occurred within the specified period of time but need not agree on which
22acts constitute the requisite number.
SB103,11,5
1(e) If an action under sub. (1) (e) is tried to a jury, in order to find the defendant
2guilty the members of the jury must unanimously agree that at least 3 violations of
3s. 948.02 (1) or (2) occurred within the specified period of time but need not agree on
4which acts constitute the requisite number and need not agree on whether a
5particular violation was a violation of s. 948.02 (1) or (2).
Note: This Section reconciles Acts 430 and 437 for the required jury findings to
convict a person of repeated acts of sexual assault of the same child. Under this Section,
in an action alleging that a person committed at least 3 violations that resulted in great
bodily harm, the members of the jury must unanimously agree that at least 3 violations
resulting in great bodily harm occurred within the specified period of time but need not
agree on which acts constitute the requisite number.
For the other actions of repeated sexual assault of the same child, the members of
the jury must unanimously agree that at least 3 of the specified violations occurred within
the specified period of time but need not agree which acts constitute the requisite number
and need not agree on whether a particular violation was a violation of a specific
first-degree sexual assault of a child provision (i.e., whether the act involved sexual
intercourse with a person under the age of 12 years or involved sexual intercourse with
a person under the age of 16 years by use or threat of force or violence).
SB103, s. 15
6Section
15. 948.025 (3) of the statutes is amended to read:
SB103,11,137
948.025
(3) The state may not charge in the same action a defendant with a
8violation of this section and with
a felony violation involving the same child under
9ch. 944 or a violation involving the same child under s. 948.02
, 948.05, 948.06,
10948.07, 948.075, 948.08, or 948.10,
948.11, or 948.12, unless the other violation
11occurred outside of the time period applicable under sub. (1). This subsection does
12not prohibit a conviction for an included crime under s. 939.66 when the defendant
13is charged with a violation of this section.
Note: Current law prohibits any of the following violations from being charged in
the same action as a charge of engaging in repeated acts of sexual assault of the same
child unless the other violation occurred outside of the time period in which the repeated
acts took place: crimes against sexual morality [ch. 944, stats.], sexual assault of a child
[s. 948.02, stats.], sexual exploitation of a child [s. 948.05, stats.], incest with a child [s.
948.06, stats.], child enticement [s. 948.07, stats.], use of a computer to facilitate a child
sex crime [s. 948.075, stats.], soliciting a child for prostitution [s. 948.08, stats.], exposing
a genital or pubic area [s. 948.10, stats.], exposing a child to harmful material or harmful
descriptions or narrations [s. 948.11, stats.], or possession of child pornography [s. 948.12,
stats.].
This Section allows prosecution of all of these violations except sexual assault of
a child and exposing genitals to a child in the same action as a charge of engaging in
repeated acts of sexual assault of the same child, even if the other violation occurred
during the time period in which the repeated acts took place.
SB103, s. 16
1Section
16. 948.03 (2) (a) of the statutes is amended to read:
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948.03
(2) (a) Whoever intentionally causes great bodily harm to a child is
3guilty of a Class
E C felony.
Note: This Section increases the penalty for intentionally causing great bodily
harm to a child from a Class E to a Class C felony.
SB103, s. 17
4Section
17. 948.08 of the statutes is amended to read:
SB103,12,7
5948.08 Soliciting a child for prostitution. Whoever intentionally solicits
6or causes any child to
practice engage in an act of prostitution or establishes any child
7in a place of prostitution is guilty of a Class D felony.
Note: This Section modifies the offense of soliciting a child for prostitution so that
it is a Class D felony to intentionally solicit or cause any child to engage in an act of
prostitution, instead of to intentionally solicit or cause any child to practice prostitution.
SB103, s. 18
8Section
18. 948.21 (1) of the statutes is renumbered 948.21 (1) (intro.) and
9amended to read:
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948.21
(1) (intro.) Any person who is responsible for a child's welfare who,
11through his or her actions or failure to take action, intentionally contributes to the
12neglect of the child is guilty of
a one of the following:
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13(a) A Class A misdemeanor
or, if death is a consequence, a Class D felony.
Note: The offense for neglect in which death is a consequence is moved to par. (d),
in Section 19 of the bill.
SB103, s. 19
14Section
19
. 948.21 (1) (b), (c) and (d) of the statutes are created to read:
SB103,12,1515
948.21
(1) (b) A Class H felony if bodily harm is a consequence.
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(c) A Class F felony if great bodily harm is a consequence.
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(d) A Class D felony if death is a consequence.
Note: This Section creates offenses for neglect if bodily harm is a consequence and
if great bodily harm is a consequence. The offense involving bodily harm is a Class H
felony and the offense involving great bodily harm is a Class F felony.
SB103, s. 20
1Section
20. 948.53 (2) (b) of the statutes is renumbered 948.53 (2) (b) (intro.)
2and amended to read:
SB103,13,43
948.53
(2) (b) (intro.) Any person who violates par. (a) is guilty of
a one of the
4following:
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51. A Class A misdemeanor
or, if death is a consequence, a Class G felony.
SB103, s. 21
6Section
21. 948.53 (2) (b) 2., 3. and 4. of the statutes are created to read:
SB103,13,77
948.53
(2) (b) 2. A Class I felony if bodily harm is a consequence.
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3. A Class H felony if great bodily harm is a consequence.
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4. A Class G felony if death is a consequence.
Note: This Section creates offenses for cases in which bodily harm is a
consequence of leaving a child unattended in a child care vehicle and in which great bodily
harm is a consequence. The offense involving bodily harm is a Class I felony and the
offense involving great bodily harm is a Class H felony.
SB103, s. 22
10Section
22. 972.15 (1m) of the statutes is created to read:
SB103,13,1711
972.15
(1m) Sex offenses against minors. If a person is convicted for a felony
12that requires him or her to register under s. 301.45 and if the victim was under 18
13years of age at the time of the offense, the court shall order the department to conduct
14a presentence investigation report to assess whether the person is at risk for
15committing another sex offense, as defined in s. 301.45 (1d) (b), against a minor,
16unless the court finds that the report would not materially benefit the court or the
17department.
Note: This Section requires the court to order a presentence investigation report
that includes an assessment of the risk of the defendant committing another sex-related
crime against a child in cases in which there is a conviction for a felony requiring sex
offender registration listed under s. 301.45 (1d) (b), stats., and the victim was under the
age of 18 at the time of the offense, unless the court finds that the report would not
materially benefit the department of corrections or the court.
SB103,13,2019
(1) This act first applies to offenses the prosecution of which is not barred before
20the effective date of this subsection.
Note: This Section provides that the bill's provisions relating to statutes of
limitations for prosecution of sexual assault of a child apply to offenses for which the
statute of limitations has not expired on the effective date.
SB103, s. 24
1Section
24.
Effective dates. This act takes effect on the day after publication,
2except as follows:
SB103,14,43
(1) The treatment of section 301.48 (1) (e) 1., 1m., and 2. d. of the statutes takes
4effect on July 1, 2007.
Note: This
Section provides that the treatment of the statutes relating to GPS
tracking take effect on July 1, 2007, the effective date of
2005 Wisconsin Act 431.