SB357: Bill Text

SB357, s. 728 Section 728. 948.025 (2) of the statutes is renumbered 948.025 (2) (b) and amended to read:

SB357,229,16 948.025 (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).

SB357, s. 729 Section 729. 948.025 (2) (a) of the statutes is created to read:

SB357,229,21 948.025 (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.

SB357, s. 730 Section 730. 948.025 (2m) of the statutes is repealed.

SB357, s. 731 Section 731. 948.03 (2) (a) of the statutes is amended to read:

SB357,229,25 948.03 (2) (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C E felony.

SB357, s. 732 Section 732. 948.03 (2) (b) of the statutes is amended to read:

SB357,230,3 948.03 (2) (b) Whoever intentionally causes bodily harm to a child is guilty of a Class D H felony.

SB357, s. 733 Section 733. 948.03 (2) (c) of the statutes is amended to read:

SB357,230,6 948.03 (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.

SB357, s. 734 Section 734. 948.03 (3) (a) of the statutes is amended to read:

SB357,230,9 948.03 (3) (a) Whoever recklessly causes great bodily harm to a child is guilty of a Class D G felony.

SB357, s. 735 Section 735. 948.03 (3) (b) of the statutes is amended to read:

SB357,230,12 948.03 (3) (b) Whoever recklessly causes bodily harm to a child is guilty of a Class E I felony.

SB357, s. 736 Section 736. 948.03 (3) (c) of the statutes is amended to read:

SB357,230,15 948.03 (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.

SB357, s. 737 Section 737. 948.03 (4) (a) of the statutes is amended to read:

SB357,230,23 948.03 (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.

SB357, s. 738 Section 738. 948.03 (4) (b) of the statutes is amended to read:

SB357,231,7 948.03 (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.

SB357, s. 739 Section 739. 948.03 (5) of the statutes is repealed.

SB357, s. 740 Section 740. 948.04 (1) of the statutes is amended to read:

SB357,231,12 948.04 (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.

SB357, s. 741 Section 741. 948.04 (2) of the statutes is amended to read:

SB357,231,19 948.04 (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.

SB357, s. 742 Section 742. 948.05 (1) (intro.) of the statutes is amended to read:

SB357,231,23 948.05 (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:

SB357, s. 743 Section 743. 948.05 (1m) of the statutes, as affected by 1999 Wisconsin Act 3, is amended to read:

SB357,232,8 948.05 (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.

SB357, s. 744 Section 744. 948.05 (2) of the statutes, as affected by 1999 Wisconsin Act 3, is amended to read:

SB357,232,13 948.05 (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.

SB357, s. 745 Section 745. 948.055 (2) (a) of the statutes is amended to read:

SB357,232,16 948.055 (2) (a) A Class C F felony if the child has not attained the age of 13 years.

SB357, s. 746 Section 746. 948.055 (2) (b) of the statutes is amended to read:

SB357,232,19 948.055 (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.

SB357, s. 747 Section 747. 948.06 (intro.) of the statutes is amended to read:

SB357,232,22 948.06 Incest with a child. (intro.) Whoever does any of the following is guilty of a Class BC C felony:

SB357, s. 748 Section 748. 948.07 (intro.) of the statutes is amended to read:

SB357,233,2 948.07 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:

SB357, s. 749 Section 749. 948.08 of the statutes is amended to read:

SB357,233,6 948.08 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.

SB357, s. 750 Section 750. 948.095 (2) (intro.) of the statutes is amended to read:

SB357,233,10 948.095 (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:

SB357, s. 751 Section 751. 948.11 (2) (a) of the statutes is amended to read:

SB357,233,14 948.11 (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.

SB357, s. 752 Section 752. 948.11 (2) (am) of the statutes is amended to read:

SB357,233,19 948.11 (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.

SB357, s. 753 Section 753. 948.12 (intro.) of the statutes is amended to read:

SB357,233,24 948.12 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:

SB357, s. 754 Section 754. 948.13 (2) of the statutes is amended to read:

SB357,234,5 948.13 (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).

SB357, s. 755 Section 755. 948.20 of the statutes is amended to read:

SB357,234,9 948.20 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.

SB357, s. 756 Section 756. 948.21 (1) of the statutes is amended to read:

SB357,234,14 948.21 (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.

SB357, s. 757 Section 757. 948.22 (2) of the statutes is amended to read:

SB357,234,21 948.22 (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.

SB357, s. 758 Section 758. 948.23 of the statutes is amended to read:

SB357,234,25 948.23 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.

SB357, s. 759 Section 759. 948.24 (1) (intro.) of the statutes is amended to read:

SB357,235,3 948.24 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

SB357, s. 760 Section 760. 948.30 (1) (intro.) of the statutes is amended to read:

SB357,235,6 948.30 (1) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class C E felony:

SB357, s. 761 Section 761. 948.30 (2) (intro.) of the statutes is amended to read:

SB357,235,9 948.30 (2) (intro.) Any person who, for any unlawful purpose, does any of the following is guilty of a Class B C felony:

SB357, s. 762 Section 762. 948.31 (1) (b) of the statutes is amended to read:

SB357,235,19 948.31 (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.

SB357, s. 763 Section 763. 948.31 (2) of the statutes is amended to read:

SB357,236,2 948.31 (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.

SB357, s. 764 Section 764. 948.31 (3) (intro.) of the statutes is amended to read:

SB357,236,5 948.31 (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:

SB357, s. 765 Section 765. 948.35 of the statutes is repealed.

SB357, s. 766 Section 766. 948.36 of the statutes is repealed.

SB357, s. 767 Section 767. 948.40 (4) (a) of the statutes is amended to read:

SB357,236,10 948.40 (4) (a) If death is a consequence, the person is guilty of a Class C D felony; or

SB357, s. 768 Section 768. 948.40 (4) (b) of the statutes is amended to read:

SB357,236,14 948.40 (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.

SB357, s. 769 Section 769. 948.51 (3) (b) of the statutes is amended to read:

SB357,236,17 948.51 (3) (b) A Class E H felony if the act results in great bodily harm or death to another.

SB357, s. 770 Section 770. 948.51 (3) (c) of the statutes is created to read:

SB357,236,19 948.51 (3) (c) A Class G felony if the act results in the death of another.

SB357, s. 771 Section 771. 948.60 (2) (b) of the statutes is amended to read:

SB357,236,23 948.60 (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.

SB357, s. 772 Section 772. 948.60 (2) (c) of the statutes is amended to read:

SB357,237,3 948.60 (2) (c) Whoever violates par. (b) is guilty of a Class D H felony if the person under 18 years of age under par. (b) discharges the firearm and the discharge causes death to himself, herself or another.

SB357, s. 773 Section 773. 948.605 (2) (a) of the statutes is amended to read:

SB357,237,7 948.605 (2) (a) Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class A misdemeanor I felony.

SB357, s. 774 Section 774. 948.605 (3) (a) of the statutes is amended to read: