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:
SB103,12,32
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:
SB103,12,1210
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:
SB103,12,13
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.
SB103,12,1616
(c) A Class F felony if great bodily harm is a consequence.
SB103,12,1717
(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:
SB103,13,5
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.
SB103,13,88
3. A Class H felony if great bodily harm is a consequence.
SB103,13,99
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.