945.05 (1e) (a) In this subsection, "authorized gambling facility" means any of the following:
1. An Indian gaming facility, as defined in s. 569.01 (1j).
2. A gaming establishment located on lands acquired after October 17, 1998, by the U.S. secretary of the interior in trust for the benefit of an Indian tribe.
3. A facility at which gambling lawfully takes place.
16,3966q
Section 3966q. 945.05 (1e) (b) 1. of the statutes is created to read:
945.05 (1e) (b) 1. An authorized gambling facility.
16,3966r
Section 3966r. 946.82 (4) of the statutes is amended to read:
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2)
, (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
(b) to (c) and (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1)
(b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
(b) and (c), 943.60, 943.70
, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12
, and 948.30.
16,3967
Section 3967. 948.01 (1d) of the statutes is created to read:
948.01 (1d) "Exhibit," with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.
16,3968
Section 3968. 948.01 (3r) of the statutes is created to read:
948.01 (3r) "Recording" includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.
16,3969
Section 3969. 948.05 (1) (a) of the statutes is amended to read:
948.05 (1) (a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of photographing, filming, videotaping, recording the sounds of or displaying in any way the conduct.
16,3970
Section 3970. 948.05 (1) (b) of the statutes is amended to read:
948.05 (1) (b) Photographs, films, videotapes, records the sounds of Records or displays in any way a child engaged in sexually explicit conduct.
16,3971
Section 3971. 948.05 (1m) of the statutes is amended to read:
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 undeveloped film, photographic negative, photograph, motion picture, videotape, sound recording or other reproduction of a child engaging in sexually explicit conduct is guilty of a Class C 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.
16,3972
Section 3972. 948.07 (4) of the statutes is amended to read:
948.07 (4) Taking a picture or making an audio recording of Recording the child engaging in sexually explicit conduct.
16,3973
Section 3973. 948.11 (1) (ar) 2. of the statutes is amended to read:
948.11 (1) (ar) 2. Any book, pamphlet, magazine, printed matter however reproduced or sound recording that contains any matter enumerated in subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.
16,3974
Section 3974. 948.11 (1) (bm) of the statutes is repealed.
16,3975
Section 3975. 948.11 (1) (c) of the statutes is repealed.
16,3976
Section 3976. 948.11 (2) (a) of the statutes is renumbered 948.11 (2) (a) (intro.) and amended to read:
948.11 (2) (a) (intro.) Whoever, with knowledge of the nature character and content of the material, sells, rents, exhibits, transfers plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E felony.
if any of the following applies:
16,3977
Section 3977. 948.11 (2) (a) 1. and 2. of the statutes are created to read:
948.11 (2) (a) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.
16,3978
Section 3978. 948.11 (2) (am) of the statutes is renumbered 948.11 (2) (am) (intro.) and amended to read:
948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the nature
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 felony. if any of the following applies:
16,3979
Section 3979. 948.11 (2) (am) 1. and 2. of the statutes are created to read:
948.11 (2) (am) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child before or during the communication.
16,3980
Section 3980. 948.11 (2) (b) of the statutes is renumbered 948.11 (2) (b) (intro.) and amended to read:
948.11 (2) (b) (intro.) Whoever, with knowledge of the nature character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, transfer play, distribute, or loan the material to a child is guilty of a Class A misdemeanor. if any of the following applies:
16,3981
Section 3981. 948.11 (2) (b) 1. and 2. of the statutes are created to read:
948.11 (2) (b) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.
2. The person has face-to-face contact with the child.
16,3982
Section 3982. 948.11 (2) (c) of the statutes is amended to read:
948.11 (2) (c) It is an affirmative defense to a prosecution for a violation of this section pars. (a) 2., (am) 2., and (b) 2. if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
16,3983
Section 3983. 948.12 of the statutes is renumbered 948.12 (1m), and 948.12 (1m) (intro.) and (b), as renumbered, are amended to read:
948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other pictorial reproduction, or audio recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E felony:
(b) The person knows the character and content of the sexually explicit conduct shown in the material.
16,3984
Section 3984. 948.12 (2m) of the statutes is created to read:
948.12 (2m) 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 felony:
(a) The person knows that he or she has exhibited or played the recording.
(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.
(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.
16,3984j
Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:
950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
16,3984m
Section 3984m. 950.04 (1v) (v) of the statutes is amended to read:
950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.
16,3984p
Section 3984p. 950.04 (1v) (yd) of the statutes is created to read:
950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4).
16,3984t
Section 3984t. 951.01 (4) of the statutes is amended to read:
951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5), but does not include a conservation warden appointed under s. 23.10 or a state forest ranger.
16,3985
Section 3985. 961.14 (7) (p) of the statutes is created to read:
961.14 (7) (p) 4-methylthioamphetamine, commonly known as "4-MTA."
16,3986
Section 3986. 961.41 (1) (b) of the statutes is amended to read:
961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.
16,3987
Section 3987. 961.41 (1) (hm) of the statutes is created to read:
961.41 (1) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount manufactured, distributed, or delivered is:
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
16,3988
Section 3988. 961.41 (1) (im) of the statutes is renumbered 961.41 (1) (im) (intro.) and amended to read:
961.41 (1) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount manufactured, distributed, or delivered is:
16,3989
Section 3989. 961.41 (1) (im) 1. to 6. of the statutes are created to read:
961.41 (1) (im) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
16,3990
Section 3990. 961.41 (1m) (b) of the statutes is amended to read:
961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.
16,3991
Section 3991. 961.41 (1m) (hm) of the statutes is created to read:
961.41 (1m) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is:
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
16,3992
Section 3992. 961.41 (1m) (im) of the statutes is renumbered 961.41 (1m) (im) (intro.) and amended to read:
