AB378,20,5
1961.455 (2) The knowledge requirement under sub. (1) does not require proof
2of knowledge of the age of the child minor. It is not a defense to a prosecution under
3this section that the actor mistakenly believed that the person solicited, hired,
4directed, employed, or used under sub. (1) had attained the age of 18 years, even if
5the mistaken belief was reasonable.
AB378,65 6Section 65. 961.46 of the statutes is amended to read:
AB378,20,12 7961.46 Distribution to persons under age 18 minors. If a person 17 years
8of age or over
an adult violates s. 961.41 (1) by distributing or delivering a controlled
9substance or a controlled substance analog to a person 17 years of age or under minor
10who is at least 3 years his or her junior, the applicable maximum term of
11imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
12more than 5 years.
AB378,66 13Section 66. 961.573 (2) of the statutes is amended to read:
AB378,20,1514 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age
15is subject to a disposition under s. 938.344 (2e).
AB378,67 16Section 67. 961.574 (2) of the statutes is amended to read:
AB378,20,1817 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age
18is subject to a disposition under s. 938.344 (2e).
AB378,68 19Section 68. 961.575 (1) of the statutes is amended to read:
AB378,20,2320 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1)
21by delivering drug paraphernalia to a person 17 years of age or under minor who is
22at least 3 years younger than the violator may be fined not more than $10,000 or
23imprisoned for not more than 9 months or both.
AB378,69 24Section 69. 961.575 (2) of the statutes is amended to read:
AB378,21,2
1961.575 (2) Any person minor who violates this section who is under 17 years
2of age
is subject to a disposition under s. 938.344 (2e).
AB378,70 3Section 70. 961.575 (3) of the statutes is amended to read:
AB378,21,64 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3)
5by delivering drug paraphernalia to a person 17 years of age or under minor is guilty
6of a Class G felony.
AB378,71 7Section 71. 990.01 (3) of the statutes is renumbered 990.01 (3) (intro.) and
8amended to read:
AB378,21,139 990.01 (3) Adult. (intro.) "Adult" means a person who has attained the age of
1018 years, except that, for purposes of investigating or prosecuting a person who is
11alleged to have violated any state or federal criminal law or any civil law or municipal
12ordinance, "adult" means includes a person who has attained the age of 17 years. of
13age for whom any of the following apply:
AB378,72 14Section 72. 990.01 (3) (a) of the statutes is created to read:
AB378,21,1815 990.01 (3) (a) The person is alleged, in a criminal complaint filed under s.
16968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or
17any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1)
18(b), (bm), (c), or (d) or 941.24.
AB378,73 19Section 73. 990.01 (3) (b) of the statutes is created to read:
AB378,22,220 990.01 (3) (b) The person has previously been convicted of a crime or
21adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
22or under federal law to have committed a crime, alleged in a complaint filed under
23s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
24violated a civil law punishable by a forfeiture, or alleged in a complaint or citation

1filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
2ordinance.
AB378,74 3Section 74. 990.01 (20) of the statutes is renumbered 990.01 (20) (intro.) and
4amended to read:
AB378,22,95 990.01 (20) Minor. (intro.) "Minor" means a person who has not attained the
6age of 18 years, except that, for purposes of investigating or prosecuting a person who
7is alleged to have violated a state or federal criminal law or any civil law or municipal
8ordinance, "minor" does not include a person who has attained the age of 17 years.
9of age for whom any of the following apply:
AB378,75 10Section 75. 990.01 (20) (a) of the statutes is created to read:
AB378,22,1411 990.01 (20) (a) The person is alleged, in a criminal complaint filed under s.
12968.02, to have committed any violent crime specified in s. 939.632 (1) (e) 1. or 2. or
13any misdemeanor under s. 940.42, if the underlying crime is a felony, or s. 941.20 (1)
14(b), (bm), (c), or (d) or 941.24.
AB378,76 15Section 76. 990.01 (20) (b) of the statutes is created to read:
AB378,22,2216 990.01 (20) (b) The person has previously been convicted of a crime or
17adjudicated delinquent and is alleged in a criminal complaint filed under s. 968.02
18or under federal law to have committed a crime, alleged in a complaint filed under
19s. 23.65 or 778.02 or in a citation filed under s. 23.62, 778.25, or 778.26 to have
20violated a civil law punishable by a forfeiture, or alleged in a complaint or citation
21filed with or transmitted to the court under s. 800.01 (1) to have violated a municipal
22ordinance.
AB378,77 23Section 77. Initial applicability.
AB378,23,3
1(1) Age of adult jurisdiction. This act first applies to a violation of a criminal
2law, civil law, or municipal ordinance allegedly committed on the effective date of this
3subsection.
AB378,78 4Section 78. Effective date.
AB378,23,55 (1) This act takes effect on January 1, 2017.
AB378,23,66 (End)
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