MGD:kmg:pg
2003 - 2004 LEGISLATURE
February 19, 2004 - Introduced by Representatives Shilling, Huebsch, Vruwink,
Ainsworth, Molepske, Hines, Musser, Gronemus, Pettis, McCormick,
Taylor, Krawczyk, Bies, Berceau, Seratti, Loeffelholz, Petrowski, Stone,
Van Roy, Olsen and
Gunderson, cosponsored by Senators M. Meyer, Panzer,
Lassa, Roessler, Kedzie and Kanavas. Referred to Committee on Children and
Families.
AB863,1,3
1An Act to amend 940.225 (4) (intro.); and
to create 940.225 (2) (j) and 940.225
2(2) (k) of the statutes;
relating to: sexual abuse of children placed in substitute
3care and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits having sexual contact or sexual intercourse with a child
who is under the age of 16. A person who violates that prohibition is guilty of a Class
C felony, which is punishable by a fine of not more than $100,000 or a term of
imprisonment of up to 40 years or both. Current law separately prohibits having
sexual contact or sexual intercourse with a child who is under the age of 13. A person
who violates that prohibition is guilty of a Class B felony, which is punishable by a
term of imprisonment of up to 60 years. Current law contains other prohibitions
relating to having sexual contact or sexual intercourse with a child that apply only
to certain persons. First, current law prohibits incest (which covers a person
marrying or having sexual contact or sexual intercourse with a child who is more
closely related to the person than a second cousin) and makes it a Class C felony.
Second, a school staff member may not have sexual contact or sexual intercourse
with a 16-year-old or 17-year-old student who is enrolled in the school district in
which the staff member works. A violation of that prohibition is a Class H felony,
which is punishable by a fine of not more than $10,000 or a term of imprisonment of
up to six years or both.
Current law also prohibits an employee of an adult family home, a
community-based residential facility, an inpatient health care facility, or a state
treatment facility, or an employee of or a volunteer at a jail or a juvenile or adult
correctional or detention facility, from having sexual contact or sexual intercourse
with a child or an adult who is a patient, resident, or inmate at that facility. A person
who violates that prohibition is guilty of a Class C felony.
This bill prohibits a person from having sexual contact or sexual intercourse
with a child for whom the person is a foster parent or treatment foster parent. It also
prohibits a person from having sexual contact or sexual intercourse with a child who
is placed at a shelter, a group home, or a residential care center for children and youth
if the person works or volunteers at that facility or is directly or indirectly responsible
for managing it. A person who violates one of these prohibitions is guilty of a Class
C felony.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local 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:
AB863, s. 1
1Section
1. 940.225 (2) (j) of the statutes is created to read:
AB863,2,42
940.225
(2) (j) Has sexual contact or sexual intercourse with an individual who
3is under the age of 18 and for whom the actor is a foster parent or treatment foster
4parent.
AB863, s. 2
5Section
2. 940.225 (2) (k) of the statutes is created to read:
AB863,2,96
940.225
(2) (k) Has sexual contact or sexual intercourse with a person who is
7under the age of 18 and who is placed in any of the following facilities if the actor
8works or volunteers at the facility or is directly or indirectly responsible for
9managing it:
AB863,2,1010
1. A shelter care facility licensed under s. 48.66 (1) (a).
AB863,2,1111
2. A group home licensed under s. 48.625 or 48.66 (1).
AB863,2,1212
3. A facility described in s. 940.295 (2) (m).
AB863,3,83
940.225
(4) Consent. (intro.) "Consent", as used in this section, means words
4or overt actions by a person who is competent to give informed consent indicating a
5freely given agreement to have sexual intercourse or sexual contact. Consent is not
6an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h),
and (i)
, (j), and (k). The
7following persons are presumed incapable of consent but the presumption may be
8rebutted by competent evidence, subject to the provisions of s. 972.11 (2):
