February 8, 2000 - Introduced by Representatives Huber, Walker, Ziegelbauer,
Ladwig, Plale, Kaufert, Bock, Gunderson, Wasserman, Musser, J. Lehman,
Spillner, Black, Kelso, Hasenohrl, Grothman, Williams, Albers, Gronemus,
Sykora, Kreuser
and Berceau, cosponsored by Senators Erpenbach,
Huelsman, Decker, Schultz, Clausing, Roessler, Robson, Rosenzweig,
Baumgart
and Darling. Referred to Committee on Criminal Justice.
AB733,1,8 1An Act to amend 51.20 (13) (ct) 2m., 165.70 (1) (b), 301.45 (1) (a), 301.45 (1) (b),
2301.45 (1) (bm), 301.45 (1) (c), 301.45 (1) (d), 301.45 (1) (dd), 301.45 (1) (dh),
3301.45 (5) (b) 1., 301.46 (2m) (a), 301.46 (2m) (am), 302.045 (2) (c), 938.34 (15m)
4(bm), 939.615 (1) (b) 1., 939.62 (2m) (a) 2m. b., 939.74 (2) (c), 948.025 (3), 948.13
5(1) (a), 971.17 (1m) (b) 2m., 973.01 (3m), 973.0135 (1) (b) 2., 973.034 and 973.048
6(2m); and to create 948.075 of the statutes; relating to: using a computer to
7facilitate having sexual contact or sexual intercourse with a person believed to
8be a child and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person may not, with intent to commit any of the following
acts, cause or attempt to cause a child to go into a vehicle, building, room or secluded
place: (1) having sexual contact or sexual intercourse with the child; (2) causing the
child to engage in prostitution; (3) exposing a sex organ to the child or causing the
child to expose a sex organ; (4) taking a picture or making an audio recording of the
child engaging in sexually explicit conduct; (5) causing bodily or mental harm to the
child; and (6) giving or selling to the child a controlled substance or a controlled
substance analog.
This bill creates a new crime involving the use of a computer with intent to
commit certain sex offenses against a person believed to be a child. Under the bill,

no person may intentionally use a computerized communication system to
communicate with an individual who the person believes or has reason to believe has
not attained the age of 16 years with intent to have sexual contact or sexual
intercourse with the individual. The person's belief that the individual is under 16
(as opposed to the individual's actual age) is an element of the offense. This
prohibition does not apply if the person sending the communication reasonably
believed that the age of the individual to whom the communication was sent was no
more than 30 months less than the sender's own age.
A person who commits this offense may be imprisoned for up to 15 years, fined
up to $10,000 or both. If the person has been previously convicted of two serious
felonies (as defined in the "three strikes" law), the person is subject to a sentence of
life imprisonment without the possibility of parole or extended supervision.
In addition, the bill also requires that persons convicted of this offense register
with the sex offender registry. The bill also prohibits certain persons convicted of the
offense from engaging in an occupation or participating in a volunteer position that
requires the person to work or interact primarily and directly with children under
16.
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:
AB733, s. 1 1Section 1. 51.20 (13) (ct) 2m. of the statutes is amended to read:
AB733,2,102 51.20 (13) (ct) 2m. If the subject individual is before the court on a petition filed
3under a court order under s. 938.30 (5) (c) 1. and is found to have committed a
4violation, or to have solicited, conspired or attempted to commit a violation, of s.
5940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
6948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was
7a minor and the subject individual was not the victim's parent, the court shall require
8the individual to comply with the reporting requirements under s. 301.45 unless the
9court determines, after a hearing on a motion made by the individual, that the
10individual is not required to comply under s. 301.45 (1m).
AB733, s. 2 11Section 2. 165.70 (1) (b) of the statutes is amended to read:
AB733,3,3
1165.70 (1) (b) Enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 941.25 to
2941.27, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33,
3944.34, 946.65, 947.02 (3) and (4), 948.075 and 948.08.
AB733, s. 3 4Section 3. 301.45 (1) (a) of the statutes is amended to read:
AB733,3,105 301.45 (1) (a) Is convicted, adjudicated delinquent or found in need of
6protection or services on or after December 25, 1993, for any violation, or for the
7solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2), 940.225
8(1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07,
9948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor
10and the person was not the victim's parent.
AB733, s. 4 11Section 4. 301.45 (1) (b) of the statutes, as affected by 1999 Wisconsin Act 9,
12is amended to read:
AB733,3,1913 301.45 (1) (b) Is in prison, a secured correctional facility, a secured child caring
14institution or a secured group home or is on probation, extended supervision, parole,
15supervision or aftercare supervision on or after December 25, 1993, for any violation,
16or for the solicitation, conspiracy or attempt to commit any violation, of s. 940.22 (2),
17940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
18948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was
19a minor and the person was not the victim's parent.
AB733, s. 5 20Section 5. 301.45 (1) (bm) of the statutes, as affected by 1999 Wisconsin Act
219
, is amended to read:
AB733,4,422 301.45 (1) (bm) Is in prison, a secured correctional facility, a secured child
23caring institution or a secured group home or is on probation, extended supervision,
24parole, supervision or aftercare supervision on or after December 25, 1993, for a
25violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law

1of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
2(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.11 or 948.30
3or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor
4and the person was not the victim's parent.
AB733, s. 6 5Section 6. 301.45 (1) (c) of the statutes is amended to read:
AB733,4,116 301.45 (1) (c) Is found not guilty or not responsible by reason of mental disease
7or defect on or after December 25, 1993, and committed under s. 51.20 or 971.17 for
8any violation, or for the solicitation, conspiracy or attempt to commit any violation,
9of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05,
10948.055, 948.06, 948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31
11if the victim was a minor and the person was not the victim's parent.
AB733, s. 7 12Section 7. 301.45 (1) (d) of the statutes is amended to read:
AB733,4,1813 301.45 (1) (d) Is in institutional care or on conditional transfer under s. 51.35
14(1) or conditional release under s. 971.17 on or after December 25, 1993, for any
15violation, or for the solicitation, conspiracy or attempt to commit any violation, of s.
16940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055,
17948.06, 948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the
18victim was a minor and the person was not the victim's parent.
AB733, s. 8 19Section 8. 301.45 (1) (dd) of the statutes is amended to read:
AB733,5,220 301.45 (1) (dd) Is in institutional care or on conditional transfer under s. 51.35
21(1) or conditional release under s. 971.17 on or after December 25, 1993, for a
22violation, or for the solicitation, conspiracy or attempt to commit a violation, of a law
23of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
24(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.11 or 948.30

1or that is comparable to a violation of s. 940.30 or 940.31 if the victim was a minor
2and the person was not the victim's parent.
AB733, s. 9 3Section 9. 301.45 (1) (dh) of the statutes is amended to read:
AB733,5,104 301.45 (1) (dh) Is on parole, extended supervision or probation in this state
5from another state under s. 304.13 or 304.135 on or after December 25, 1993, for a
6violation, or for the solicitation, conspiracy or attempt to commit a violation, of the
7law of another state that is comparable to a violation of s. 940.22 (2), 940.225 (1), (2)
8or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075,
9948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if
10the victim was a minor and the person was not the victim's parent.
AB733, s. 10 11Section 10. 301.45 (5) (b) 1. of the statutes is amended to read:
AB733,5,2512 301.45 (5) (b) 1. The person has, on 2 or more separate occasions, been convicted
13or found not guilty or not responsible by reason of mental disease or defect for any
14violation, or for the solicitation, conspiracy or attempt to commit any violation, of s.
15940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055,
16948.06, 948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the
17victim was a minor and the person was not the victim's parent, or for any violation,
18or for the solicitation, conspiracy or attempt to commit any violation, of a law of this
19state or any other state that is comparable to a violation of s. 940.22 (2), 940.225 (1),
20(2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075,
21948.08, 948.11 or 948.30 or that is comparable to a violation of s. 940.30 or 940.31 if
22the victim was a minor and the person was not the victim's parent. A conviction that
23has been reversed, set aside or vacated is not a conviction for purposes of determining
24under this subdivision whether a person has been convicted on 2 or more separate
25occasions.
AB733, s. 11
1Section 11. 301.46 (2m) (a) of the statutes is amended to read:
AB733,6,192 301.46 (2m) (a) If an agency with jurisdiction confines a person under s.
3301.046, provides a person entering the intensive sanctions program under s.
4301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases
5a person from confinement or institutional care, and the person has, on one occasion
6only, been convicted or found not guilty or not responsible by reason of mental disease
7or defect for any violation, or for the solicitation, conspiracy or attempt to commit any
8violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025,
9948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or
10940.31 if the victim was a minor and the person was not the victim's parent, or a law
11of this state that is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
12(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.11 or 948.30,
13or that is comparable to s. 940.30 or 940.31 if the victim was a minor and the person
14was not the victim's parent, the agency with jurisdiction may notify the police chief
15of any community and the sheriff of any county in which the person will be residing,
16employed or attending school if the agency with jurisdiction determines that such
17notification is necessary to protect the public. Notification under this paragraph may
18be in addition to providing access to information under sub. (2) or to any other
19notification that an agency with jurisdiction is authorized to provide.
AB733, s. 12 20Section 12. 301.46 (2m) (am) of the statutes is amended to read:
AB733,7,1121 301.46 (2m) (am) If an agency with jurisdiction confines a person under s.
22301.046, provides a person entering the intensive sanctions program under s.
23301.048 with a sanction other than a placement in a Type 1 prison or a jail, or releases
24a person from confinement or institutional care, and the person has been found to be
25a sexually violent person under ch. 980 or has, on 2 or more separate occasions, been

1convicted or found not guilty or not responsible by reason of mental disease or defect
2for any violation, or for the solicitation, conspiracy or attempt to commit any
3violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025,
4948.05, 948.055, 948.06, 948.07, 948.075, 948.08 or 948.11 or a law of this state that
5is comparable to s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025,
6948.05, 948.055, 948.06, 948.07, 948.075, 948.08 or 948.11, the agency with
7jurisdiction shall notify the police chief of any community and the sheriff of any
8county in which the person will be residing, employed or attending school.
9Notification under this paragraph shall be in addition to providing access to
10information under sub. (2) and to any other notification that an agency with
11jurisdiction is authorized to provide.
AB733, s. 13 12Section 13. 302.045 (2) (c) of the statutes is amended to read:
AB733,7,1513 302.045 (2) (c) The inmate is incarcerated regarding a violation other than a
14crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06,
15948.07, 948.075, 948.08 or 948.095.
AB733, s. 14 16Section 14. 938.34 (15m) (bm) of the statutes is amended to read:
AB733,7,2417 938.34 (15m) (bm) If the juvenile is adjudicated delinquent on the basis of a
18violation, or the solicitation, conspiracy or attempt to commit a violation, of s.
19940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06,
20948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was
21a minor and the juvenile was not the victim's parent, the court shall require the
22juvenile to comply with the reporting requirements under s. 301.45 unless the court
23determines, after a hearing on a motion made by the juvenile, that the juvenile is not
24required to comply under s. 301.45 (1m).
AB733, s. 15
1Section 15. 939.615 (1) (b) 1. of the statutes, as affected by 1999 Wisconsin Act
23
, is amended to read:
AB733,8,63 939.615 (1) (b) 1. A violation, or the solicitation, conspiracy or attempt to
4commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025
5(1), 948.05 (1) or (1m), 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.11 (2) (a),
6948.12 or 948.13.
AB733, s. 16 7Section 16. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
AB733,8,128 939.62 (2m) (a) 2m. b. Any felony under s. 940.01, 940.02, 940.03, 940.05,
9940.09 (1), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31,
10941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43,
11948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08,
12948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB733, s. 17 13Section 17. 939.74 (2) (c) of the statutes is amended to read:
AB733,8,1614 939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
15948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.075, 948.08 or 948.095 shall be
16commenced before the victim reaches the age of 31 years or be barred.
AB733, s. 18 17Section 18. 948.025 (3) of the statutes is amended to read:
AB733,8,2418 948.025 (3) The state may not charge in the same action a defendant with a
19violation of this section and with a felony violation involving the same child under
20ch. 944 or a violation involving the same child under s. 948.02, 948.05, 948.06,
21948.07, 948.075, 948.08, 948.10, 948.11 or 948.12, unless the other violation occurred
22outside of the time period applicable under sub. (1). This subsection does not prohibit
23a conviction for an included crime under s. 939.66 when the defendant is charged
24with a violation of this section.
AB733, s. 19 25Section 19. 948.075 of the statutes is created to read:
AB733,9,5
1948.075 Use of a computer to facilitate a child sex crime. (1) Whoever
2uses a computerized communication system to communicate with an individual who
3the actor believes or has reason to believe has not attained the age of 16 years with
4intent have sexual contact or sexual intercourse with the individual in violation of
5s. 948.02 (1) or (2) is guilty of a Class C felony.
AB733,9,8 6(2) This section does not apply if, at the time of the communication, the actor
7reasonably believed that the age of the person to whom the communication was sent
8was no more than 30 months less than the age of the actor.
AB733, s. 20 9Section 20. 948.13 (1) (a) of the statutes, as affected by 1999 Wisconsin Act 3,
10is amended to read:
AB733,9,1311 948.13 (1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim
12is under 18 years of age at the time of the offense, or a crime under s. 948.02 (1),
13948.025 (1), 948.05 (1) or (1m), 948.06 or, 948.07 (1), (2), (3) or (4) or 948.075.
AB733, s. 21 14Section 21. 971.17 (1m) (b) 2m. of the statutes is amended to read:
AB733,9,2315 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
16of mental disease or defect for a violation, or for the solicitation, conspiracy or
17attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02
18(1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.11 or 948.30,
19or of s. 940.30 or 940.31 if the victim was a minor and the defendant was not the
20victim's parent, the court shall require the defendant to comply with the reporting
21requirements under s. 301.45 unless the court determines, after a hearing on a
22motion made by the defendant, that the defendant is not required to comply under
23s. 301.45 (1m).
AB733, s. 22 24Section 22. 973.01 (3m) of the statutes is amended to read:
AB733,10,7
1973.01 (3m) Challenge incarceration program eligibility. When imposing
2a bifurcated sentence under this section on a person convicted of a crime other than
3a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06,
4948.07, 948.075, 948.08 or 948.095, the court shall, as part of the exercise of its
5sentencing discretion, decide whether the person being sentenced is eligible or
6ineligible for the challenge incarceration program under s. 302.045 during the term
7of confinement in prison portion of the bifurcated sentence.
AB733, s. 23 8Section 23. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB733,10,139 973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
10(1), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31,
11941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43,
12948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.075, 948.08,
13948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB733, s. 24 14Section 24. 973.034 of the statutes, as affected by 1999 Wisconsin Act 3, is
15amended to read:
AB733,10,21 16973.034 Sentencing; restriction on child sex offender working with
17children.
Whenever a court imposes a sentence or places a defendant on probation
18regarding a conviction under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is
19under 18 years of age at the time of the offense, or a conviction under s. 948.02 (1),
20948.025 (1), 948.05 (1) or (1m), 948.06 or, 948.07 (1), (2), (3) or (4) or 948.075, the court
21shall inform the defendant of the requirements and penalties under s. 948.13.
AB733, s. 25 22Section 25. 973.048 (2m) of the statutes is amended to read:
AB733,11,523 973.048 (2m) If a court imposes a sentence or places a person on probation for
24a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s.
25940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055,

1948.06, 948.07, 948.075, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the
2victim was a minor and the person was not the victim's parent, the court shall require
3the person to comply with the reporting requirements under s. 301.45 unless the
4court determines, after a hearing on a motion made by the person, that the person
5is not required to comply under s. 301.45 (1m).
AB733,11,66 (End)
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