1. Using force against any person.
2. Threatening or placing that child in fear.
3. Rendering that child unconscious.
4. Administering to that child a drug, intoxicant, or other similar substance.
(3) Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.
(4) Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.
(5) In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.
(6) In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under sub. (3) or (4), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.
(7) In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.
(8) Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.
201,8
Section
8. 322.1203 of the statutes is created to read:
322.1203 Article 120c - Other sexual misconduct.
(1) In this section:
(a) "Act of prostitution" means a sexual act or sexual contact on account of which anything of value is given to, or received by, any person.
(b) "Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person.
(c) "Distribute" means delivering to the actual or constructive possession of another, including transmission by electronic means.
(d) "Indecent manner" means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.
(e) "Private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
(f) "Under circumstances in which that other person has a reasonable expectation of privacy" means any of the following:
1. Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the person was being captured.
2. Circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.
(2) Any person subject to this chapter who, without legal justification or lawful authorization, does any of the following is guilty of sexual misconduct and shall be punished as a court-martial may direct:
(a) Knowingly and wrongfully views the private area of another person, without that other person's consent and under circumstances in which that other person has a reasonable expectation of privacy.
(b) Knowingly photographs, videotapes, films, or records by any means the private area of another person, without that other person's consent and under circumstances in which that other person has a reasonable expectation of privacy.
(c) Knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances proscribed in pars. (a) and (b).
(3) Any person subject to this chapter who compels another person to engage in an act of prostitution with any person is guilty of forcible pandering and shall be punished as a court-martial may direct.
(4) Any person subject to this chapter who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and shall be punished as a court-martial may direct.
201,9
Section
9. 322.139 (1) of the statutes is amended to read:
322.139 (1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members a member of the a state military forces, that person
force, the commanding officer may, under the regulations prescribed, convene a board to investigate the complaint. The board shall consist of from one to 3 commissioned officers and, for the purpose of that investigation, it has power to commanding officer may summon witnesses and examine them upon oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties party. The assessment of damages made by the board investigator is subject to the approval of the commanding officer, and in the. The amount approved assessed by that the commanding officer shall be charged against the pay of the offenders offender. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties party of the damages so assessed and approved.
201,10
Section
10.
Initial applicability.
(1) Military Affairs. This act first applies to offenses committed on the effective date of this subsection.
