2021 - 2022 LEGISLATURE
March 5, 2021 - Introduced by Representatives Thiesfeldt, Rozar,
Bowen, Brostoff, Cabrera, Gundrum, Krug, Moses, Mursau, L. Myers,
Ortiz-Velez, Spreitzer, Subeck and Stubbs, cosponsored by Senators L.
Taylor, Wanggaard, Jacque, Ballweg, Bradley, Larson, Ringhand and
Smith. Referred to Committee on Criminal Justice and Public Safety.
1An Act to create
940.225 (2) (k) and 940.225 (5) (aj) of the statutes;
2sexual contact by a law enforcement officer with a person in detainment or
3custody and providing a penalty.
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 who has been detained by a law
enforcement officer or who is in the custody of a law enforcement officer. 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 and has sexual contact or sexual 3
intercourse with any person who is detained by any law enforcement officer, as 4
provided under s. 968.24, or is in the custody of any law enforcement officer. This 5
paragraph applies whether the custody is lawful or unlawful and whether the 6
detainment or custody is actual or constructive. Consent is not an issue in an action 7
under this paragraph.
940.225 (5) (aj) of the statutes is created to read:
(aj) “Law enforcement officer” has the meaning designated in s. 10
165.85 (2) (c).