2025 WISCONSIN ACT 56
An Act to amend 939.616 (title), 940.302 (2) (a) (intro.), 940.302 (2) (b), 940.302 (2) (c), 948.051 (1) and 948.051 (2); to create 939.616 (1s), 939.6175 and 939.74 (2) (av) of the statutes; relating to: human trafficking and trafficking of a child and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
56,1Section 1. 939.616 (title) of the statutes is amended to read: 939.616 (title) Mandatory minimum sentence for child sex offenses and child trafficking.
56,2Section 2. 939.616 (1s) of the statutes is created to read: 939.616 (1s) If a person is convicted of a violation of s. 948.051, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 15 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
56,3Section 3. 939.6175 of the statutes is created to read: 939.6175 Minimum sentence for human trafficking. If a person is convicted of a violation of s. 940.302, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 10 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
56,4Section 4. 939.74 (2) (av) of the statutes is created to read: 939.74 (2) (av) A prosecution for a violation of s. 940.302 may be commenced within 10 years after the commission of the violation.
56,5Section 5. 940.302 (2) (a) (intro.) of the statutes is amended to read: 940.302 (2) (a) (intro.) Except as provided in s. 948.051, whoever knowingly engages in trafficking is guilty of a Class D C felony if all of the following apply:
56,6Section 6. 940.302 (2) (b) of the statutes is amended to read: 940.302 (2) (b) Whoever benefits in any manner from a violation of par. (a) is guilty of a Class D C felony if the person knows or reasonably should have known that the benefits come from or are derived from an act or scheme described in par. (a).
56,6mSection 6m. 940.302 (2) (c) of the statutes is amended to read: 940.302 (2) (c) Whoever knowingly receives compensation from the earnings of debt bondage, a prostitute, or a commercial sex act, as described in sub. (1) (a) 1. and 2., is guilty of a Class F E felony.
56,7Section 7. 948.051 (1) of the statutes is amended to read: 948.051 (1) Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts, as defined in s. 940.302 (1) (a), is guilty of a Class C B felony.
56,8Section 8. 948.051 (2) of the statutes is amended to read: 948.051 (2) Whoever benefits in any manner from a violation of sub. (1) is guilty of a Class C B felony if the person knows that the benefits come from an act described in sub. (1).
56,9Section 9. Initial applicability. (1) Notwithstanding s. 990.06, the treatment of s. 939.74 (2) (av) first applies to an offense for which the time limitation under s. 939.74 (1) for prosecution has not expired on the effective date of this subsection.
(2) Except as provided in sub. (1), this act first applies to offenses committed on the effective date of this subsection.