Amendment ASA1-AB3

AB3-ASA1,143,15 948.04 (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.

AB3-ASA1, s. 611 Section 611. 948.04 (2) of the statutes is amended to read:

AB3-ASA1,143,22 948.04 (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.

AB3-ASA1, s. 612 Section 612. 948.05 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,144,3 948.05 (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:

AB3-ASA1, s. 613 Section 613. 948.05 (1m) of the statutes is amended to read:

AB3-ASA1,144,12 948.05 (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 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.

AB3-ASA1, s. 614 Section 614. 948.05 (2) of the statutes is amended to read:

AB3-ASA1,144,16 948.05 (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.

AB3-ASA1, s. 615 Section 615. 948.055 (2) (a) of the statutes is amended to read:

AB3-ASA1,144,19 948.055 (2) (a) A Class C F felony if the child has not attained the age of 13 years.

AB3-ASA1, s. 616 Section 616. 948.055 (2) (b) of the statutes is amended to read:

AB3-ASA1,144,22 948.055 (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.

AB3-ASA1, s. 617 Section 617. 948.06 (intro.) of the statutes is amended to read:

AB3-ASA1,144,25 948.06 Incest with a child. (intro.) Whoever does any of the following is guilty of a Class BC C felony:

AB3-ASA1, s. 618 Section 618. 948.07 (intro.) of the statutes is amended to read:

AB3-ASA1,145,5 948.07 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:

AB3-ASA1, s. 619 Section 619. 948.08 of the statutes is amended to read:

AB3-ASA1,145,9 948.08 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.

AB3-ASA1, s. 620 Section 620. 948.095 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,145,13 948.095 (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:

AB3-ASA1, s. 621 Section 621. 948.11 (2) (a) of the statutes is amended to read:

AB3-ASA1,145,17 948.11 (2) (a) Whoever, with knowledge of the nature of the material, sells, rents, exhibits, transfers or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E I felony.

AB3-ASA1, s. 622 Section 622. 948.11 (2) (am) of the statutes is amended to read:

AB3-ASA1,145,22 948.11 (2) (am) Any person who has attained the age of 17 and who, with knowledge of the nature 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.

AB3-ASA1, s. 623 Section 623. 948.12 (intro.) of the statutes is amended to read:

AB3-ASA1,146,2 948.12 Possession of child pornography. (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 I felony:

AB3-ASA1, s. 624 Section 624. 948.13 (2) of the statutes is amended to read:

AB3-ASA1,146,8 948.13 (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).

AB3-ASA1, s. 625 Section 625. 948.20 of the statutes is amended to read:

AB3-ASA1,146,12 948.20 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.

AB3-ASA1, s. 626 Section 626. 948.21 (1) of the statutes is amended to read:

AB3-ASA1,146,17 948.21 (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.

AB3-ASA1, s. 627 Section 627. 948.22 (2) of the statutes is amended to read:

AB3-ASA1,146,24 948.22 (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.

AB3-ASA1, s. 628 Section 628. 948.23 of the statutes is amended to read:

AB3-ASA1,147,3 948.23 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.

AB3-ASA1, s. 629 Section 629. 948.24 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,147,6 948.24 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

AB3-ASA1, s. 630 Section 630. 948.30 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,147,9 948.30 (1) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C E felony:

AB3-ASA1, s. 631 Section 631. 948.30 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,147,12 948.30 (2) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class B C felony:

AB3-ASA1, s. 632 Section 632. 948.31 (1) (b) of the statutes is amended to read:

AB3-ASA1,147,22 948.31 (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.

AB3-ASA1, s. 633 Section 633. 948.31 (2) of the statutes is amended to read:

AB3-ASA1,148,5 948.31 (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.

AB3-ASA1, s. 634 Section 634. 948.31 (3) (intro.) of the statutes is amended to read:

AB3-ASA1,148,8 948.31 (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:

AB3-ASA1, s. 635 Section 635. 948.35 of the statutes is repealed.

AB3-ASA1, s. 636 Section 636. 948.36 of the statutes is repealed.

AB3-ASA1, s. 637 Section 637. 948.40 (4) (a) of the statutes is amended to read:

AB3-ASA1,148,13 948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or

AB3-ASA1, s. 638 Section 638. 948.40 (4) (b) of the statutes is amended to read:

AB3-ASA1,148,17 948.40 (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.

AB3-ASA1, s. 639 Section 639. 948.51 (3) (b) of the statutes is amended to read:

AB3-ASA1,148,20 948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.

AB3-ASA1, s. 640 Section 640. 948.51 (3) (c) of the statutes is created to read:

AB3-ASA1,148,22 948.51 (3) (c) A Class G felony if the act results in the death of another.

AB3-ASA1, s. 641 Section 641. 948.60 (2) (b) of the statutes is amended to read:

AB3-ASA1,149,3 948.60 (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.

AB3-ASA1, s. 642 Section 642. 948.60 (2) (c) of the statutes is amended to read:

AB3-ASA1,149,7 948.60 (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.

AB3-ASA1, s. 643 Section 643. 948.605 (2) (a) of the statutes is amended to read:

AB3-ASA1,149,11 948.605 (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.

AB3-ASA1, s. 644 Section 644. 948.605 (3) (a) of the statutes is amended to read:

AB3-ASA1,149,15 948.605 (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.

AB3-ASA1, s. 645 Section 645. 948.605 (4) of the statutes is repealed.

AB3-ASA1, s. 646 Section 646. 948.61 (2) (b) of the statutes is amended to read:

AB3-ASA1,149,20 948.61 (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.

AB3-ASA1, s. 647 Section 647. 948.62 (1) (a) of the statutes is amended to read:

AB3-ASA1,149,23 948.62 (1) (a) A Class E felony A misdemeanor, if the value of the property does not exceed $500.

AB3-ASA1, s. 648 Section 648. 948.62 (1) (b) of the statutes is amended to read:

AB3-ASA1,150,2 948.62 (1) (b) A Class D I felony, if the value of the property exceeds $500 but does not exceed $2,500 $2,000.

AB3-ASA1, s. 649 Section 649. 948.62 (1) (bm) of the statutes is created to read:

AB3-ASA1,150,5 948.62 (1) (bm) A Class H felony, if the value of the property exceeds $2,000 but does not exceed $5,000.

AB3-ASA1, s. 650 Section 650. 948.62 (1) (c) of the statutes is amended to read:

AB3-ASA1,150,8 948.62 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $5,000.

AB3-ASA1, s. 651 Section 651. 949.03 (1) (b) of the statutes is amended to read:

AB3-ASA1,150,15 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03, 948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.

AB3-ASA1, s. 652 Section 652. 950.04 (1v) (g) of the statutes is amended to read:

AB3-ASA1,150,19 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB3-ASA1, s. 653 Section 653. 950.04 (1v) (nt) of the statutes is created to read:

AB3-ASA1,150,23 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).

AB3-ASA1, s. 654 Section 654. 951.18 (1) of the statutes is amended to read:

AB3-ASA1,151,11 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E I felony.

AB3-ASA1, s. 655 Section 655. 951.18 (2) of the statutes is amended to read:

AB3-ASA1,151,16 951.18 (2) Any person who violates s. 951.08 (2m) or (3) is guilty of a Class A misdemeanor. Any person who violates s. 951.08 (1) or (2) is guilty of a Class E I felony for the first violation and is guilty of a Class D H felony for the 2nd or subsequent violation.

AB3-ASA1, s. 656 Section 656. 951.18 (2m) of the statutes is amended to read: