LRB-3909/2
JEO:jlg&mfd:hmh
1997 - 1998 LEGISLATURE
November 11, 1997 - Introduced by Representatives Huber, Goetsch, R. Young,
Underheim, Ziegelbauer, Powers, Staskunas, Harsdorf, Plouff, Gronemus,
Turner, Springer, Hanson, Bock, Kunicki, Boyle and Murat, cosponsored by
Senators Darling and Wineke. Referred to Committee on Judiciary.
AB605,1,3
1An Act to renumber 948.09;
to amend 939.65, 948.025 (3) and 948.09 (title);
2and
to create 948.09 (1) (title) and 948.09 (2) of the statutes;
relating to:
3sexual intercourse or sexual contact with a child and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law makes it a crime to have sexual contact or sexual intercourse with
a child (a person under the age of 18), regardless of whether the child consents to the
sexual contact or sexual intercourse. The penalties for these crimes depend on the
age of the child and certain other circumstances. The crimes and their penalties are
as follows:
1. First degree sexual assault of a child. A person is guilty of first degree sexual
assault of a child if he or she has sexual contact or sexual intercourse with a child who
has not attained the age of 13. A person found guilty of this crime may be imprisoned
for not more than 40 years.
2. Second degree sexual assault of a child. A person is guilty of second degree
sexual assault of a child if he or she has sexual contact or sexual intercourse with a
child who has not attained the age of 16. A person found guilty of this crime may be
imprisoned for not more than 20 years or fined not more than $10,000 or both.
3. Repeated acts of sexual assault of the same child. A person is guilty of
repeated acts of sexual assault of the same child if he or she has sexual contact or
sexual intercourse with a child who has not attained the age of 16 on 3 or more
occasions within a specified period of time. A person found guilty of this crime may
be imprisoned for not more than 40 years.
4. Sexual intercourse with a child. A person is guilty of sexual intercourse with
a child if he or she has sexual intercourse with a child who is age 16 or 17 and who
is not his or her spouse. A person found guilty of this crime may be imprisoned for
not more than 9 months or fined not more than $10,000 or both.
This bill creates a new crime relating to sexual intercourse or sexual contact
with a child who is age 14 or 15. Under the bill, a person who has sexual intercourse
or sexual contact with a child who is age 14 or 15 may be imprisoned for not more than
9 months or fined not more than $10,000 or both if, at the time of the sexual contact
or sexual intercourse, the person was not more than 30 months younger or more than
30 months older than the child. The bill also provides that a person cannot be
prosecuted for the same acts involving the same child under both the new crime
created in the bill and either second degree sexual assault of a child or repeated acts
of sexual assault of a child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB605, s. 1
1Section
1. 939.65 of the statutes is amended to read:
AB605,2,5
2939.65 Prosecution under more than one section permitted. Except as
3provided in
s. ss. 948.025 (3)
and 948.09 (2) (b), if an act forms the basis for a crime
4punishable under more than one statutory provision, prosecution may proceed under
5any or all such provisions.
AB605, s. 2
6Section
2. 948.025 (3) of the statutes is amended to read:
AB605,2,137
948.025
(3) The state may not charge in the same action a defendant with a
8violation of this section and with a felony violation involving the same child under
9ch. 944 or a violation involving the same child under s. 948.02, 948.05, 948.06,
10948.07, 948.08,
948.09 (2) (a), 948.10, 948.11 or 948.12, unless the other violation
11occurred outside of the time period applicable under sub. (1). This subsection does
12not prohibit a conviction for an included crime under s. 939.66 when the defendant
13is charged with a violation of this section.
AB605, s. 3
14Section
3. 948.09 (title) of the statutes is amended to read:
AB605,2,16
15948.09 (title)
Sexual intercourse or contact with a child age 16 14 or
16older.
AB605, s. 4
17Section
4. 948.09 of the statutes is renumbered 948.09 (1).
AB605, s. 5
18Section
5. 948.09 (1) (title) of the statutes is created to read:
AB605,3,1
1948.09
(1) (title)
Sexual intercourse with a child age 16 or older.
AB605, s. 6
2Section
6. 948.09 (2) of the statutes is created to read:
AB605,3,83
948.09
(2) Sexual contact or sexual intercourse with a child age 14 or 15. 4(a) Whoever has sexual contact or sexual intercourse with a child who has attained
5the age of 14 years but has not attained the age of 16 years is guilty of a Class A
6misdemeanor if, at the time of the sexual contact or sexual intercourse, the defendant
7was not more than 30 months younger or not more than 30 months older than the
8child with whom the defendant had sexual contact or sexual intercourse.
AB605,3,109
(b) A person may not be subject to prosecution under both this subsection and
10s. 948.02 or 948.025 for the same acts involving the same child.
AB605,3,1312
(1) This act first applies to offenses occurring on the effective date of this
13subsection.
