Current law prohibits sexual assault. There are 4 degrees of sexual assault that
are based on the circumstances of the offense, with first degree sexual assault being
the most serious and carrying the greatest penalty.
Currently, a person is guilty of second degree sexual assault if he or she has
sexual intercourse or sexual contact with another without the consent of the victim
under any of the following circumstances: 1) the person uses force or violence or the
threat of force or violence; 2) the person causes injury, illness, disease or impairment
of a sexual or reproductive organ, or mental anguish requiring psychiatric care for
the victim; or 3) the person is aided or abetted by others.
In addition, a person is guilty of second degree sexual assault if he or she has
sexual intercourse or sexual contact with another under any of the following
circumstances: 1) the victim suffers from a mental illness or deficiency which
renders him or her temporarily or permanently incapable of appraising his or her
conduct, and the person knows of the victim's condition; 2) the victim is unconscious
and the person knows the victim is unconscious; or 3) the person is an employe of an
adult family home, a community-based residential facility, an inpatient health care
facility or a state treatment facility and the victim is a patient or resident of the adult
family home or other facility. Consent of the victim is not an issue in a case involving
a second degree sexual assault under any of these circumstances.

A person convicted of second degree sexual assault under current law may be
fined not more than $10,000 or imprisoned for not more than 20 years or both.
Finally, under current law a person who has been convicted of a serious child
sex offense may not engage in an occupation or participate in a volunteer position
that requires him or her to work or interact primarily and directly with children
under 16 years of age. A person who violates this prohibition against working or
volunteering with children under 16 years of age may be fined not more than $10,000
or imprisoned for not more than 10 years or both. The serious child sex offenses
covered by this prohibition include a second degree sexual assault in which the
victim is under 18 years of age and suffers from a mental illness or deficiency which
renders him or her temporarily or permanently incapable of appraising his or her
conduct.
This bill provides that a person is guilty of second degree sexual assault if he
or she has sexual intercourse or sexual contact with a victim who is under the
influence of an intoxicant to a degree which renders the victim incapable of
appraising his or her conduct, and the person knows of the victim's condition.
Consent of the victim is not an issue in a case involving a second degree sexual
assault under these circumstances. A person convicted of committing second degree
sexual assault under these circumstances will be subject to the penalty provided
under current law for second degree sexual assault. In addition, a conviction for
second degree sexual assault under these circumstances when the victim is under 18
years of age is a serious child sex offense for purposes of the prohibition against
working or volunteering with children under 16 years of age.
Flunitrazepam
Current law places various restrictions on controlled substances (dangerous
drugs). The substances are regulated based on their schedule designations. The
legislature by law or the controlled substances board by rule places a controlled
substance in schedule I, II, III, IV or V based on the substance's accepted medical use
and the potential for abuse of the substance. Schedule IV includes substances that
have a currently accepted medical use in treatment in the United States and that,
if abused, lead to limited physical or psychological dependence. The penalty for
unlawful possession of a schedule IV controlled substance is a fine of not more than
$500 or imprisonment of not more than 30 days or both.
The controlled substance flunitrazepam (a depressant) is placed in schedule IV.
This bill increases the penalty for unlawful possession of flunitrazepam by providing
that a person who unlawfully possesses flunitrazepam may be fined not more than
$5,000 or imprisoned for not more than 2 years or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB564, s. 1 1Section 1. 940.225 (2) (cm) of the statutes is created to read:
AB564,3,4
1940.225 (2) (cm) Has sexual contact or sexual intercourse with a person who
2is under the influence of an intoxicant to a degree which renders that person
3incapable of appraising the person's conduct, and the defendant knows of such
4condition.
AB564, s. 2 5Section 2. 940.225 (4) (intro.) of the statutes is amended to read:
AB564,3,116 940.225 (4) Consent. (intro.) "Consent", as used in this section, means words
7or overt actions by a person who is competent to give informed consent indicating a
8freely given agreement to have sexual intercourse or sexual contact. Consent is not
9an issue in alleged violations of sub. (2) (c), (cm), (d) and (g). The following persons
10are presumed incapable of consent but the presumption may be rebutted by
11competent evidence, subject to the provisions of s. 972.11 (2):
AB564, s. 3 12Section 3. 940.225 (5) (ai) of the statutes is created to read:
AB564,3,1513 940.225 (5) (ai) "Intoxicant" means any controlled substance, controlled
14substance analog or other drug or any combination of a controlled substance,
15controlled substance analog or other drug.
AB564, s. 4 16Section 4. 948.13 (1) (a) of the statutes is amended to read:
AB564,3,1917 948.13 (1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim
18is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1),
19948.025 (1), 948.05 (1), 948.06 or 948.07 (1), (2), (3) or (4).
AB564, s. 5 20Section 5. 961.41 (3g) (b) of the statutes is amended to read:
AB564,4,221 961.41 (3g) (b) Except as provided in pars. (c), (d) and, (e) and (f), if the person
22possesses or attempts to possess a controlled substance or controlled substance
23analog, other than a controlled substance included in schedule I or II that is a
24narcotic drug or a controlled substance analog of a controlled substance included in

1schedule I or II that is a narcotic drug, the person is guilty of a misdemeanor,
2punishable under s. 939.61.
AB564, s. 6 3Section 6. 961.41 (3g) (f) of the statutes is created to read:
AB564,4,64 961.41 (3g) (f) If a person possesses or attempts to possess flunitrazepam, the
5person may be fined not more than $5,000 or imprisoned for not more than 2 years
6or both.
AB564, s. 7 7Section 7. 961.48 (4) of the statutes is amended to read:
AB564,4,98 961.48 (4) This section does not apply to offenses under s. 961.41 (3g) (a) 1. and,
9(b) and (f).
AB564, s. 8 10Section 8. 961.55 (1) (d) 3. of the statutes is amended to read:
AB564,4,1211 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
12(3g) (b), (c), (d) or, (e) or (f); and
AB564, s. 9 13Section 9. 973.034 of the statutes is amended to read:
AB564,4,19 14973.034 Sentencing; restriction on child sex offender working with
15children.
Whenever a court imposes a sentence or places a defendant on probation
16regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is
17under 18 years of age at the time of the offense, or a conviction under s. 948.02 (1),
18948.025 (1), 948.05 (1), 948.06 or 948.07 (1), (2), (3) or (4), the court shall inform the
19defendant of the requirements and penalties under s. 948.13.
AB564, s. 10 20Section 10. Initial applicability.
AB564,4,2221 (1) This act applies to offenses committed on or after the effective date of this
22subsection.
AB564,4,2323 (End)
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