SB580, s. 20 15Section 20. 939.624 of the statutes is renumbered 939.619, and 939.619 (title),
16as renumbered, is amended to read:
SB580,8,18 17939.619 (title) Increased penalty; Mandatory minimum sentence for
18repeat serious violent crimes.
SB580, s. 21 19Section 21. 948.05 (1) (intro.) of the statutes is amended to read:
SB580,8,2220 948.05 (1) (intro.) Whoever does any of the following with knowledge of the
21character and content of the sexually explicit conduct involving the child is guilty of
22a Class F C felony:
SB580, s. 22 23Section 22. 948.05 (1m) of the statutes is amended to read:
SB580,9,524 948.05 (1m) Whoever produces, performs in, profits from, promotes, imports
25into the state, reproduces, advertises, sells, distributes, or possesses with intent to

1sell or distribute, any recording of a child engaging in sexually explicit conduct is
2guilty of a Class F C felony if the person knows the character and content of the
3sexually explicit conduct involving the child and if the person knows or reasonably
4should know that the child engaging in the sexually explicit conduct has not attained
5the age of 18 years.
SB580, s. 23 6Section 23. 948.05 (2) of the statutes is amended to read:
SB580,9,97 948.05 (2) A person responsible for a child's welfare who knowingly permits,
8allows or encourages the child to engage in sexually explicit conduct for a purpose
9proscribed in sub. (1) (a) or (b) or (1m) is guilty of a Class F C felony.
SB580, s. 24 10Section 24. 948.075 (1) of the statutes is renumbered 948.075 (1r).
SB580, s. 25 11Section 25. 948.075 (1g) of the statutes is created to read:
SB580,9,1312 948.075 (1g) In this section, "representation" has the meaning given in s.
13942.09 (1) (c).
SB580, s. 26 14Section 26. 948.075 (3) of the statutes is renumbered 948.075 (3) (intro.) and
15amended to read:
SB580,9,1916 948.075 (3) (intro.) Proof that the actor did an act, other than use a
17computerized communication system to communicate with the individual, to effect
18the actor's intent under sub. (1) (1r) shall be necessary to prove that intent. The
19following are examples of acts that may be used to meet this requirement:
SB580, s. 27 20Section 27. 948.075 (3) (a) to (k) of the statutes are created to read:
SB580,9,2121 948.075 (3) (a) Traveling any distance with the intent to meet the individual.
SB580,9,2322 (b) Reserving accommodations at any hotel, as defined in s. 254.61 (3), with the
23intent to meet the individual.
SB580,10,3
1(c) With the intent to meet the individual, making other arrangements related
2to travel, including making a reservation for a rental car, renting a car, or making
3a reservation or purchasing a ticket for bus, train, or airplane travel.
SB580,10,54 (d) Transmitting a representation of any lewd act to the individual through a
5computerized communication system.
SB580,10,76 (e) Orally communicating with the individual, including through a telephone
7or a voice over Internet service.
SB580,10,98 (f) Obtaining any representation of the individual or a person whom the actor
9believes is the individual through the Internet.
SB580,10,1110 (g) Sending any item by any means, including mail, delivery service, or
11personal delivery, with the intent that it be delivered to the individual.
SB580,10,1312 (h) Soliciting and receiving any item by any means, including mail, delivery
13service, or personal delivery, from the individual.
SB580,10,1514 (i) Engaging in surveillance of or a course of conduct, as defined in s. 940.32 (1)
15(a), directed at the individual or a person whom the actor believes is the individual.
SB580,10,1716 (j) Causing another person to engage in conduct described in par. (i) for the
17purpose of enabling the actor to avoid detection by a law enforcement officer.
SB580,10,1918 (k) Acquiring sex toys, intimate apparel, or other items that are used primarily
19in the course of sexual activity.
SB580, s. 28 20Section 28. 948.12 (1m) (intro.) of the statutes is amended to read:
SB580,10,2421 948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic
22negative, photograph, motion picture, videotape, or other recording of a child
23engaged in sexually explicit conduct under all of the following circumstances is guilty
24of a Class I C felony:
SB580, s. 29 25Section 29. 948.12 (2m) (intro.) of the statutes is amended to read:
SB580,11,2
1948.12 (2m) (intro.) Whoever exhibits or plays a recording of a child engaged
2in sexually explicit conduct, if all of the following apply, is guilty of a Class I C felony:
SB580, s. 30 3Section 30. 948.13 (2) (a) of the statutes is amended to read:
SB580,11,74 948.13 (2) (a) Except as provided in pars. (b) and (c), whoever has been
5convicted of a serious child sex offense and subsequently engages in an occupation
6or participates in a volunteer position that requires him or her to work or interact
7primarily and directly with children under 16 years of age is guilty of a Class F felony.
SB580, s. 31 8Section 31. 948.13 (2m) (a) (intro.) of the statutes is amended to read:
SB580,11,159 948.13 (2m) (a) (intro.) A person who has been convicted of a crime under s.
10948.02 (2) or 948.025 (1) may petition the court in which he or she was convicted to
11order that the person be exempt from sub. (2) (a) and permitted to engage in an
12occupation or participate in a volunteer position that requires the person to work or
13interact primarily and directly with children under 16 years of age. The court may
14grant a petition filed under this paragraph if the court finds that all of the following
15apply:
SB580, s. 32 16Section 32. 948.13 (3) of the statutes is amended to read:
SB580,11,2217 948.13 (3) Evidence that a person engages in an occupation or participates in
18a volunteer position relating to any of the following is prima facie evidence that the
19occupation or position requires him or her to work or interact primarily and directly
20with children under 16 years of age: teaching children, child care, youth counseling,
21youth organization, coaching children, parks or playground recreation or school bus
22driving.
SB580, s. 33 23Section 33. 973.042 of the statutes is created to read:
SB580,12,3
1973.042 Child pornography surcharge. (1) In this section, "image"
2includes a video recording, a visual representation, a positive or negative image on
3exposed film, and data representing a visual image.
SB580,12,8 4(2) If a court imposes a sentence or places a person on probation for a crime
5under s. 948.05 or 948.12, the court shall impose a child pornography surcharge of
6$500 for each image or each copy of an image associated with the crime. The court
7shall determine the number or images or copies of images associated with the crime
8by a preponderance of the evidence and without a jury.
SB580,12,10 9(3) The clerk shall record any surcharge imposed under this section in 3 parts
10as follows:
SB580,12,1111 (a) Part A is 50 percent of any amount collected.
SB580,12,1212 (b) Part B is 30 percent of any amount collected.
SB580,12,1313 (c) Part C is 20 percent of any amount collected.
SB580,12,17 14(4) After determining the amount due, the clerk of court shall collect and
15transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
16treasurer shall then make payment to the secretary of administration under s. 59.25
17(3) (f) 2.
SB580,12,22 18(5) The secretary of administration shall credit part A of the surcharge to the
19appropriation account under s. 20.410 (1) (gj). The secretary of administration shall
20credit part B of the surcharge to the appropriation account under s. 20.455 (2) (gj).
21The secretary of administration shall deposit part C of the surcharge in the children's
22trust fund and credit it to the appropriation account under s. 20.433 (1) (gj).
SB580,13,2 23(6) If an inmate in a state prison or a person sentenced to a state prison has
24not paid the child pornography surcharge under this section, the department shall
25assess and collect the amount owed from the inmate's wages or other moneys. Any

1amount collected under this subsection shall be transmitted to the secretary of
2administration.
SB580, s. 34 3Section 34. 973.05 (2m) of the statutes, as affected by 2005 Wisconsin Act 25,
4is amended to read:
SB580,14,45 973.05 (2m) Payments under this section shall be applied first to payment of
6the penalty surcharge until paid in full, shall then be applied to the payment of the
7jail surcharge until paid in full, shall then be applied to the payment of part A of the
8crime victim and witness assistance surcharge until paid in full, shall then be
9applied to part B of the crime victim and witness assistance surcharge until paid in
10full, shall then be applied to the crime laboratories and drug law enforcement
11surcharge until paid in full, shall then be applied to the deoxyribonucleic acid
12analysis surcharge until paid in full, shall then be applied to the child pornography
13surcharge until paid in full,
shall then be applied to the drug abuse program
14improvement surcharge until paid in full, shall then be applied to the drug offender
15diversion surcharge until paid in full, shall then be applied to payment of the driver
16improvement surcharge until paid in full, shall then be applied to the truck driver
17education surcharge if applicable until paid in full, shall then be applied to payment
18of the domestic abuse surcharge until paid in full, shall then be applied to payment
19of the consumer protection surcharge until paid in full, shall then be applied to
20payment of the natural resources surcharge if applicable until paid in full, shall then
21be applied to payment of the natural resources restitution surcharge until paid in
22full, shall then be applied to the payment of the environmental surcharge if
23applicable until paid in full, shall then be applied to the payment of the wild animal
24protection surcharge if applicable until paid in full, shall then be applied to payment
25of the weapons surcharge until paid in full, shall then be applied to payment of the

1uninsured employer surcharge until paid in full, shall then be applied to payment
2of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full,
3and shall then be applied to payment of the fine and the costs and fees imposed under
4ch. 814.
SB580, s. 35 5Section 35. Initial applicability.
SB580,14,86 (1) The treatment of section 973.042 of the statutes first applies to violations
7of section 948.05 or 948.12 of the statutes that are committed on the effective date
8of this subsection.
SB580,14,99 (End)
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