2023 WISCONSIN ACT 225
An Act to create 944.19 of the statutes; relating to: child sex dolls and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
225,1
Section
1. 944.19 of the statutes is created to read:
944.19 Prohibiting child sex dolls. (1) In this section, “child sex doll” means an anatomically correct doll, mannequin, or robot, with features that are intended to resemble a minor that is intended for use in sex acts, for sexual gratification, or for the purpose of manipulating children into participating in sex acts, instructing children how to participate in sexual acts, or normalizing sexual behavior with children.
(2) (a) No person may intentionally possess a child sex doll. A person who violates this paragraph is guilty of the following:
1. For a first offense involving fewer than 3 child sex dolls, a Class I felony.
2. For a 2nd offense or for an offense involving at least 3 child sex dolls, a Class H felony.
3. For a 3rd or subsequent offense, a Class G felony.
4. For a first offense involving a child sex doll that is intended to resemble a specific minor, a Class E felony.
5. For a 2nd or subsequent offense involving a child sex doll that is intended to resemble a specific minor, a Class D felony.
(b) No person may intentionally sell, transfer possession of, advertise, display, or provide premises for the use of, or offer to sell, transfer possession of, advertise, display, or provide premises for the use of, a child sex doll. A person who violates this paragraph is guilty of the following:
1. For a first offense, a Class I felony.
2. For a 2nd offense, a Class H felony.
3. For a 3rd or subsequent offense, a Class G felony.
(c) No person may intentionally sell, transfer possession of, advertise, or display, or offer to sell, transfer possession of, advertise, or display, instructions on how to create a child sex doll or materials intended to create a child sex doll. A person who violates this paragraph is guilty of the following:
1. For a first offense, a Class F felony.
2. For a 2nd or subsequent offense, a Class E felony.
(d) No person may intentionally manufacture a child sex doll. A person who violates this paragraph is guilty of the following:
1. For a first offense, a Class F felony.
2. For a 2nd or subsequent offense, a Class E felony.
3. For a first offense involving a child sex doll that is intended to resemble a specific minor, a Class E felony.
4. For a 2nd or subsequent offense involving a child sex doll that is intended to resemble a specific minor, a Class D felony.
(3) A person who commits a violation under sub. (2) is guilty of a felony that is one classification higher than the penalty provided under sub. (2) if the person has one or more prior convictions for a violation under s. 948.02 (1), 948.025 (1) (a) to (d), 948.03 (2), 948.05, 948.075, or 948.12.
(4) (a) Subsection (2) does not apply to a law enforcement officer, physician, psychologist, attorney, officer of the court, or other person involved in law enforcement or child therapy in the lawful performance of his or her duty.
(b) Subsection (2) (b) and (d) do not apply to a manufacturer or distributor who is providing or manufacturing a child sex doll for a use described in par. (a).
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Section
2.
Initial applicability.
(1) This act first applies to violations committed on the effective date of this subsection but does not preclude the counting of offenses committed before the effective date of this subsection as a prior convictions under s. 944.19 (3).
