October 31, 2005 - Introduced by Senators Darling, Taylor, Lazich, Plale,
Roessler, Lassa and
A. Lasee, cosponsored by Representatives Kleefisch,
Gundrum, Wasserman, Nass, Jensen, Sherman, Lothian, Grigsby, Jeskewitz,
Pettis, Hines, Ainsworth, Albers, Gunderson, Musser, Strachota and
Nerison. Referred to Committee on Judiciary, Corrections and Privacy.
SB409,1,4
1An Act to renumber and amend 940.225 (5) (b) 1. and 948.01 (5) (a);
to amend
2939.22 (34), 940.225 (5) (b) 2. and 948.01 (5) (b); and
to create 940.225 (5) (b)
31. a., 940.225 (5) (b) 1. b., 948.01 (5) (a) 1. and 948.01 (5) (am) of the statutes;
4relating to: the definition of sexual contact and providing penalties.
Analysis by the Legislative Reference Bureau
Convicting a person of sexual assault or sexual assault of a child requires proof
of unlawful sexual intercourse or unlawful sexual contact. "Sexual intercourse" is
defined in this context under current law to include conduct involving the victim and
a third person if it is undertaken at the defendant's instruction. But definitions of
"sexual contact" do not explicitly cover conduct of that type.
This bill specifies that sexual contact includes conduct involving a victim and
a third person if it is undertaken at the defendant's instruction.
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:
SB409, s. 1
1Section
1. 939.22 (34) of the statutes is amended to read:
SB409,2,122
939.22
(34) "Sexual contact" means the intentional touching
by the defendant
3or, upon the defendant's instruction, by a third person of the clothed or unclothed
4intimate parts of another person with any part of the body clothed or unclothed or
5with any object or device, the intentional touching
by the defendant or, upon the
6defendant's instruction, by a third person of any part of the body clothed or unclothed
7of another person with the intimate parts of the body clothed or unclothed, or the
8intentional penile ejaculation of ejaculate or intentional emission of urine or feces
by
9the defendant or, upon the defendant's instruction, by a third person upon any part
10of the body clothed or unclothed of another person, if that intentional touching,
11ejaculation or emission is for the purpose of sexual humiliation, sexual degradation,
12sexual arousal or gratification.
SB409, s. 2
13Section
2. 940.225 (5) (b) 1. of the statutes is renumbered 940.225 (5) (b) 1.
14(intro.) and amended to read:
SB409,2,2115
940.225
(5) (b) 1. (intro.)
Intentional Any of the following types of intentional 16touching
by the complainant or defendant, either directly
, whether direct or through
17clothing
by the use of any body part or object, of the complainant's or defendant's
18intimate parts, if that intentional touching is either for the purpose of sexually
19degrading; or for the purpose of sexually humiliating the complainant or sexually
20arousing or gratifying the defendant or if the touching contains the elements of
21actual or attempted battery under s. 940.19 (1)
.:
SB409, s. 3
22Section
3. 940.225 (5) (b) 1. a. of the statutes is created to read:
SB409,2,2523
940.225
(5) (b) 1. a. Intentional touching by the defendant or, upon the
24defendant's instruction, by another person, by the use of any body part or object, of
25the complainant's intimate parts.
SB409, s. 4
1Section
4. 940.225 (5) (b) 1. b. of the statutes is created to read:
SB409,3,42
940.225
(5) (b) 1. b. Intentional touching by the complainant, by the use of any
3body part or object, of the defendant's intimate parts or, if done upon the defendant's
4instructions, the intimate parts of another person.
SB409, s. 5
5Section
5. 940.225 (5) (b) 2. of the statutes is amended to read:
SB409,3,116
940.225
(5) (b) 2. Intentional penile ejaculation of ejaculate or intentional
7emission of urine or feces by the defendant
or, upon the defendant's instruction, by
8another person upon any part of the body clothed or unclothed of the complainant if
9that ejaculation or emission is either for the purpose of sexually degrading or
10sexually humiliating the complainant or for the purpose of sexually arousing or
11gratifying the defendant.
SB409, s. 6
12Section
6. 948.01 (5) (a) of the statutes is renumbered 948.01 (5) (a) (intro.)
13and amended to read:
SB409,3,1914
948.01
(5) (a) (intro.)
Intentional
Any of the following types of intentional 15touching
by the complainant or defendant, either directly
, whether direct or through
16clothing
by the use of any body part or object, of the complainant's or defendant's 17intimate parts, if that intentional touching is either for the purpose of sexually
18degrading or sexually humiliating the complainant or sexually arousing or
19gratifying the defendant
.:
SB409, s. 7
20Section
7. 948.01 (5) (a) 1. of the statutes is created to read:
SB409,3,2321
948.01
(5) (a) 1. Intentional touching by the defendant or, upon the defendant's
22instruction, by another person, by the use of any body part or object, of the
23complainant's intimate parts.
SB409, s. 8
24Section
8. 948.01 (5) (am) of the statutes is created to read:
SB409,4,3
1948.01
(5) (am) Intentional touching by the complainant, by the use of any body
2part or object, of the defendant's intimate parts or, if done upon the defendant's
3instructions, the intimate parts of another person.
SB409, s. 9
4Section
9. 948.01 (5) (b) of the statutes is amended to read:
SB409,4,105
948.01
(5) (b) Intentional penile ejaculation of ejaculate or intentional emission
6of urine or feces by the defendant
or, upon the defendant's instruction, by another
7person upon any part of the body clothed or unclothed of the complainant if that
8ejaculation or emission is either for the purpose of sexually degrading or sexually
9humiliating the complainant or for the purpose of sexually arousing or gratifying the
10defendant.