Amendment ASA1-AB3

AB3-ASA1,141,7 948.025 (1) (intro.) Whoever commits 3 or more violations under s. 948.02 (1) or (2) within a specified period of time involving the same child is guilty of a:

AB3-ASA1,141,8 (a) A Class B felony if at least 3 of the violations were violations of s. 948.02 (1).

AB3-ASA1, s. 597 Section 597. 948.025 (1) (b) of the statutes is created to read:

AB3-ASA1,141,11 948.025 (1) (b) A Class C felony if fewer than 3 of the violations were violations of s. 948.02 (1).

AB3-ASA1, s. 598 Section 598. 948.025 (2) of the statutes is renumbered 948.025 (2) (b) and amended to read:

AB3-ASA1,141,19 948.025 (2) (b) If an action under sub. (1) (b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) or (2) occurred within the time specified period applicable under sub. (1) of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02 (1) or (2).

AB3-ASA1, s. 599 Section 599. 948.025 (2) (a) of the statutes is created to read:

AB3-ASA1,141,24 948.025 (2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

AB3-ASA1, s. 600 Section 600. 948.025 (2m) of the statutes is repealed.

AB3-ASA1, s. 601 Section 601. 948.03 (2) (a) of the statutes is amended to read:

AB3-ASA1,142,3 948.03 (2) (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C E felony.

AB3-ASA1, s. 602 Section 602. 948.03 (2) (b) of the statutes is amended to read:

AB3-ASA1,142,6 948.03 (2) (b) Whoever intentionally causes bodily harm to a child is guilty of a Class D H felony.

AB3-ASA1, s. 603 Section 603. 948.03 (2) (c) of the statutes is amended to read:

AB3-ASA1,142,9 948.03 (2) (c) Whoever intentionally causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class C F felony.

AB3-ASA1, s. 604 Section 604. 948.03 (3) (a) of the statutes is amended to read:

AB3-ASA1,142,12 948.03 (3) (a) Whoever recklessly causes great bodily harm to a child is guilty of a Class D G felony.

AB3-ASA1, s. 605 Section 605. 948.03 (3) (b) of the statutes is amended to read:

AB3-ASA1,142,15 948.03 (3) (b) Whoever recklessly causes bodily harm to a child is guilty of a Class E I felony.

AB3-ASA1, s. 606 Section 606. 948.03 (3) (c) of the statutes is amended to read:

AB3-ASA1,142,18 948.03 (3) (c) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class D H felony.

AB3-ASA1, s. 607 Section 607. 948.03 (4) (a) of the statutes is amended to read:

AB3-ASA1,143,2 948.03 (4) (a) A person responsible for the child's welfare is guilty of a Class C F felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great 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 great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.

AB3-ASA1, s. 608 Section 608. 948.03 (4) (b) of the statutes is amended to read:

AB3-ASA1,143,10 948.03 (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.

AB3-ASA1, s. 609 Section 609. 948.03 (5) of the statutes is repealed.

AB3-ASA1, s. 610 Section 610. 948.04 (1) of the statutes is amended to read:

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: