SB118,1,4 1An Act to amend 940.22 (2), 948.06 (intro.), 948.07 (intro.), 948.08, 948.11 (2) (a),
2948.12 (intro.) and 948.13 (2); and to create 939.615, 940.225 (3s), 948.02 (3g),
3948.025 (2g), 948.05 (2m), 948.055 (3) and 948.095 (3) of the statutes; relating
4to:
minimum sentences for certain sex offenses.
Analysis by the Legislative Reference Bureau
Current law provides penalties for various sex offenses. The current penalties
include periods of imprisonment in a jail or the state prisons. In addition, a court may
currently place a person convicted of a sex offense on probation, except that in certain
cases involving repeat offenders a court must impose a prison sentence and may not
place the repeat offender on probation.
This bill provides that if a person is convicted of certain felony sex offenses, the
court must sentence the person to at least one year in prison and may not place the
person on probation. The felony sex offenses covered by the bill include the following:
sexual exploitation by a therapist; sexual assault; sexual assault of a child; sexual
exploitation of a child; causing a child to view or listen to sexual activity; incest with
a child; child enticement; soliciting a child for prostitution; sexual assault of a
student by a school instructional staff person; exposing a child to harmful material;
possession of child pornography; and working with children after being convicted of
a serious child sex offense.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB118, s. 1 1Section 1. 939.615 of the statutes is created to read:
SB118,2,5 2939.615 Minimum sentence for serious sex crimes. (1) In this section,
3"serious sex crime" means a violation of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02
4(1), (2) or (3), 948.025 (1), 948.05 (1) or (2), 948.055 (1), 948.06, 948.07, 948.08,
5948.095 (2), 948.11 (2) (a), 948.12 or 948.13 (2).
SB118,2,9 6(2) If a person is convicted of committing a serious sex crime, the court shall
7sentence the person to not less than one year in the Wisconsin state prisons, but
8otherwise the penalties for the crime apply, subject to any applicable penalty
9enhancement. The court may not place the person on probation.
SB118,2,10 10(3) Subsection (2) does not apply to a person who is sentenced under s. 939.623.
SB118, s. 2 11Section 2. 940.22 (2) of the statutes is amended to read:
SB118,2,1712 940.22 (2) Sexual contact prohibited. Any person who is or who holds himself
13or herself out to be a therapist and who intentionally has sexual contact with a
14patient or client during any ongoing therapist-patient or therapist-client
15relationship, regardless of whether it occurs during any treatment, consultation,
16interview or examination, is guilty of a Class C felony and shall be sentenced as
17provided in s. 939.615
. Consent is not an issue in an action under this subsection.
SB118, s. 3 18Section 3. 940.225 (3s) of the statutes is created to read:
SB118,2,2019 940.225 (3s) Minimum sentence. A person who violates sub. (1), (2) or (3) shall
20be sentenced as provided in s. 939.615.
SB118, s. 4 21Section 4. 948.02 (3g) of the statutes is created to read:
SB118,3,2
1948.02 (3g) Minimum sentence. A person who violates sub. (1), (2) or (3) shall
2be sentenced as provided in s. 939.615.
SB118, s. 5 3Section 5. 948.025 (2g) of the statutes is created to read:
SB118,3,54 948.025 (2g) A person who violates sub. (1) shall be sentenced as provided in
5s. 939.615.
SB118, s. 6 6Section 6. 948.05 (2m) of the statutes is created to read:
SB118,3,87 948.05 (2m) A person who violates sub. (1) or (2) shall be sentenced as provided
8in s. 939.615.
SB118, s. 7 9Section 7. 948.055 (3) of the statutes is created to read:
SB118,3,1110 948.055 (3) A person who violates sub. (1) shall be sentenced as provided in s.
11939.615.
SB118, s. 8 12Section 8. 948.06 (intro.) of the statutes is amended to read:
SB118,3,14 13948.06Incest with a child. (intro.) Whoever does any of the following is
14guilty of a Class BC felony and shall be sentenced as provided in s. 939.615:
SB118, s. 9 15Section 9. 948.07 (intro.) of the statutes is amended to read:
SB118,3,19 16948.07Child enticement. (intro.) Whoever, with intent to commit any of
17the following acts, causes or attempts to cause any child who has not attained the age
18of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class
19BC felony and shall be sentenced as provided in s. 939.615:
SB118, s. 10 20Section 10. 948.08 of the statutes is amended to read:
SB118,3,24 21948.08 Soliciting a child for prostitution. Whoever intentionally solicits
22or causes any child to practice prostitution or establishes any child in a place of
23prostitution is guilty of a Class BC felony and shall be sentenced as provided in s.
24939.615
.
SB118, s. 11 25Section 11. 948.095 (3) of the statutes is created to read:
SB118,4,2
1948.095 (3) A person who violates sub. (2) shall be sentenced as provided in s.
2939.615.
SB118, s. 12 3Section 12. 948.11 (2) (a) of the statutes is amended to read:
SB118,4,74 948.11 (2) (a) Whoever, with knowledge of the nature of the material, sells,
5rents, exhibits, transfers or loans to a child any material which is harmful to
6children, with or without monetary consideration, is guilty of a Class E felony and
7shall be sentenced as provided in s. 939.615
.
SB118, s. 13 8Section 13. 948.12 (intro.) of the statutes is amended to read:
SB118,4,13 9948.12Possession of child pornography. (intro.) Whoever possesses any
10undeveloped film, photographic negative, photograph, motion picture, videotape or
11other pictorial reproduction or audio recording of a child engaged in sexually explicit
12conduct under all of the following circumstances is guilty of a Class E felony and shall
13be sentenced as provided in s. 939.615
:
SB118, s. 14 14Section 14. 948.13 (2) of the statutes is amended to read:
SB118,4,1915 948.13 (2) Whoever has been convicted of a serious child sex offense and
16subsequently engages in an occupation or participates in a volunteer position that
17requires him or her to work or interact primarily and directly with children under
1816 years of age is guilty of a Class C felony and shall be sentenced as provided in s.
19939.615
.
SB118, s. 15 20Section 15. Initial applicability.
SB118,4,2221 (1) This act applies to offenses committed on or after the effective date of this
22subsection.
SB118,4,2323 (End)
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