2019 - 2020 LEGISLATURE
March 15, 2019 - Introduced by Senators L. Taylor, Wanggaard, LeMahieu, Smith
and Jacque, cosponsored by Representatives Thiesfeldt, Myers,
Mursau, C. Taylor, Spreitzer, Subeck, Fields, Sargent and Zamarripa.
Referred to Committee on Judiciary and Public Safety.
1An Act to create
940.225 (2) (k) of the statutes; relating to: sexual contact by
2a law enforcement officer with a person in his or her custody and providing a
Analysis by the Legislative Reference Bureau
Under this bill, it is a Class C Felony for a law enforcement officer to have sexual
contact or sexual intercourse with a person in his or her custody. For the purposes
of the crime created in this bill, consent is not an issue. The bill adds the prohibited
conduct to the list of activities in current law that constitute second degree sexual
assault. Current law does not contain a criminal prohibition on sexual contact
between a law enforcement officer and a person in his or her custody.
Under current law, a person may be required to register as a sex offender for
certain crimes that are sexually motivated if the judge determines that it would be
in the interest of public protection to have the person register. Under this bill, the
new offense of sexual contact between a law enforcement officer and a person in his
or her custody would be subject to this provision.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
940.225 (2) (k) of the statutes is created to read:
(k) Is a law enforcement officer, as defined in s. 165.85 (2) (c), and 3
has sexual contact or sexual intercourse with any person in his or her custody. This 4
paragraph applies whether the custody is lawful or unlawful and whether the 5
custody is actual or constructive. Consent is not an issue in an action under this 6