109,894
Section 894. 948.03 (4) (b) of the statutes is amended to read:
948.03 (4) (b) A person responsible for the child's welfare is guilty of a Class D H felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of bodily harm by the other person or facilitates the bodily harm to the child that is caused by the other person.
109,895
Section 895. 948.03 (5) of the statutes is repealed.
109,896
Section 896. 948.04 (1) of the statutes is amended to read:
948.04 (1) Whoever is exercising temporary or permanent control of a child and causes mental harm to that child by conduct which demonstrates substantial disregard for the mental well-being of the child is guilty of a Class C F felony.
109,897
Section 897. 948.04 (2) of the statutes is amended to read:
948.04 (2) A person responsible for the child's welfare is guilty of a Class C F felony if that person has knowledge that another person has caused, is causing or will cause mental harm to that child, is physically and emotionally capable of taking action which will prevent the harm, fails to take that action and the failure to act exposes the child to an unreasonable risk of mental harm by the other person or facilitates the mental harm to the child that is caused by the other person.
109,898
Section 898. 948.05 (1) (intro.) of the statutes is amended to read:
948.05 (1) (intro.) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child is guilty of a Class C F felony:
948.05 (1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct is guilty of a Class C
F felony if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
109,900
Section 900. 948.05 (2) of the statutes is amended to read:
948.05 (2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a) or (b) or (1m) is guilty of a Class C F felony.
109,901
Section 901. 948.055 (2) (a) of the statutes is amended to read:
948.055 (2) (a) A Class C F felony if the child has not attained the age of 13 years.
109,902
Section 902. 948.055 (2) (b) of the statutes is amended to read:
948.055 (2) (b) A Class D H felony if the child has attained the age of 13 years but has not attained the age of 18 years.
109,903
Section 903. 948.06 (intro.) of the statutes is amended to read:
948.06 Incest with a child. (intro.) Whoever does any of the following is guilty of a Class BC C felony:
109,904
Section 904. 948.07 (intro.) of the statutes is amended to read:
948.07 Child enticement. (intro.) Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class BC D felony:
109,904m
Section 904m. 948.075 of the statutes is created to read:
948.075 Use of a computer to facilitate a child sex crime. (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC felony.
(2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.
(3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub. (1) shall be necessary to prove that intent.
109,904n
Section 904n. 948.075 (1) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:
948.075 (1) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class BC Class D felony.
109,905
Section 905. 948.08 of the statutes is amended to read:
948.08 Soliciting a child for prostitution. Whoever intentionally solicits or causes any child to practice prostitution or establishes any child in a place of prostitution is guilty of a Class BC D felony.
109,906
Section 906. 948.095 (2) (intro.) of the statutes is amended to read:
948.095 (2) (intro.) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant's spouse is guilty of a Class D H felony if all of the following apply:
948.11 (2) (a) (intro.) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E I felony if any of the following applies:
948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class E I felony if any of the following applies:
948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E I felony:
948.12 (2m) (intro.) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, is guilty of a Class E
I felony:
109,910v
Section 910v. 948.13 (1) (a) of the statutes is amended to read:
948.13 (1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1), 948.025 (1), 948.05 (1) or (1m), 948.06 or, 948.07 (1), (2), (3), or (4), or 948.075.
109,911
Section 911. 948.13 (2) of the statutes is amended to read:
948.13 (2) Whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class C F felony. This subsection does not apply to a person who is exempt under a court order issued under sub. (2m).
109,912
Section 912. 948.20 of the statutes is amended to read:
948.20 Abandonment of a child. Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class D G felony.
109,913
Section 913. 948.21 (1) of the statutes is amended to read:
948.21 (1) Any person who is responsible for a child's welfare who, through his or her actions or failure to take action, intentionally contributes to the neglect of the child is guilty of a Class A misdemeanor or, if death is a consequence, a Class C D felony.
109,914
Section 914. 948.22 (2) of the statutes is amended to read:
948.22 (2) Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class E I felony. A prosecutor may charge a person with multiple counts for a violation under this subsection if each count covers a period of at least 120 consecutive days and there is no overlap between periods.
109,915
Section 915. 948.23 of the statutes is amended to read:
948.23 Concealing death of child. Any person who conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive is guilty of a Class E I felony.
109,916
Section 916. 948.24 (1) (intro.) of the statutes is amended to read:
948.24 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:
109,917
Section 917. 948.30 (1) (intro.) of the statutes is amended to read:
948.30 (1) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C E felony:
109,918
Section 918. 948.30 (2) (intro.) of the statutes is amended to read:
948.30 (2) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class B C felony:
109,919
Section 919. 948.31 (1) (b) of the statutes is amended to read:
948.31 (1) (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class C
F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph.
109,920
Section 920. 948.31 (2) of the statutes is amended to read:
948.31 (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.60, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class E I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.
109,921
Section 921. 948.31 (3) (intro.) of the statutes is amended to read:
948.31 (3) (intro.) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class C F felony:
109,922
Section 922. 948.35 of the statutes is repealed.
109,923
Section 923. 948.36 of the statutes is repealed.
109,924
Section 924. 948.40 (4) (a) of the statutes is amended to read:
948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or
109,925
Section 925. 948.40 (4) (b) of the statutes is amended to read:
948.40 (4) (b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class D H felony.
109,926
Section 926. 948.51 (3) (b) of the statutes is amended to read:
948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.
109,927
Section 927. 948.51 (3) (c) of the statutes is created to read:
948.51 (3) (c) A Class G felony if the act results in the death of another.
109,928
Section 928. 948.60 (2) (b) of the statutes is amended to read:
948.60 (2) (b) Except as provided in par. (c), any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class E I felony.
109,929
Section 929. 948.60 (2) (c) of the statutes is amended to read:
948.60 (2) (c) Whoever violates par. (b) is guilty of a Class D H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.
109,930
Section 930. 948.605 (2) (a) of the statutes is amended to read:
948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class A misdemeanor I felony.
109,931
Section 931. 948.605 (3) (a) of the statutes is amended to read:
948.605 (3) (a) Any individual who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place the individual knows is a school zone is guilty of a Class D G felony.
109,932
Section 932. 948.605 (4) of the statutes is repealed.
109,933
Section 933. 948.61 (2) (b) of the statutes is amended to read:
948.61 (2) (b) A Class E I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.
109,934
Section 934. 948.62 (1) (a) of the statutes is amended to read:
948.62 (1) (a) A Class E felony A misdemeanor, if the value of the property does not exceed $500.
109,935
Section 935. 948.62 (1) (b) of the statutes is amended to read:
948.62 (1) (b) A Class D I felony, if the value of the property exceeds $500 but does not exceed $2,500.
109,936
Section 936. 948.62 (1) (bm) of the statutes is created to read:
