AB209: Bill Text

For the other actions of repeated sexual assault of the same child, the members of the jury must unanimously agree that at least 3 of the specified violations occurred within the specified period of time but need not agree which acts constitute the requisite number and need not agree on whether a particular violation was a violation of a specific first-degree sexual assault of a child provision (i.e., whether the act involved sexual intercourse with a person under the age of 12 years or involved sexual intercourse with a person under the age of 16 years by use or threat of force or violence).

AB209, s. 15 Section 15. 948.025 (3) of the statutes is amended to read:

AB209,11,13 948.025 (3) The state may not charge in the same action a defendant with a violation of this section and with a felony violation involving the same child under ch. 944 or a violation involving the same child under s. 948.02 , 948.05, 948.06, 948.07, 948.075, 948.08, or 948.10, 948.11, or 948.12, unless the other violation occurred outside of the time period applicable under sub. (1). This subsection does not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged with a violation of this section.

Note: Current law prohibits any of the following violations from being charged in the same action as a charge of engaging in repeated acts of sexual assault of the same child unless the other violation occurred outside of the time period in which the repeated acts took place: crimes against sexual morality [ch. 944, stats.], sexual assault of a child [s. 948.02, stats.], sexual exploitation of a child [s. 948.05, stats.], incest with a child [s. 948.06, stats.], child enticement [s. 948.07, stats.], use of a computer to facilitate a child sex crime [s. 948.075, stats.], soliciting a child for prostitution [s. 948.08, stats.], exposing a genital or pubic area [s. 948.10, stats.], exposing a child to harmful material or harmful descriptions or narrations [s. 948.11, stats.], or possession of child pornography [s. 948.12, stats.].

This Section allows prosecution of all of these violations except sexual assault of a child and exposing genitals to a child in the same action as a charge of engaging in repeated acts of sexual assault of the same child, even if the other violation occurred during the time period in which the repeated acts took place.

AB209, s. 16 Section 16. 948.03 (2) (a) of the statutes is amended to read:

AB209,12,3 948.03 (2) (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class E C felony.

Note: This Section increases the penalty for intentionally causing great bodily harm to a child from a Class E to a Class C felony.

AB209, s. 17 Section 17. 948.08 of the statutes is amended to read:

AB209,12,7 948.08 Soliciting a child for prostitution. Whoever intentionally solicits or causes any child to practice engage in an act of prostitution or establishes any child in a place of prostitution is guilty of a Class D felony.

Note: This Section modifies the offense of soliciting a child for prostitution so that it is a Class D felony to intentionally solicit or cause any child to engage in an act of prostitution, instead of to intentionally solicit or cause any child to practice prostitution.

AB209, s. 18 Section 18. 948.21 (1) of the statutes is renumbered 948.21 (1) (intro.) and amended to read:

AB209,12,12 948.21 (1) (intro.) 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 one of the following:

AB209,12,13 (a) A Class A misdemeanor or, if death is a consequence, a Class D felony.

Note: The offense for neglect in which death is a consequence is moved to par. (d), in Section 19 of the bill.

AB209, s. 19 Section 19 . 948.21 (1) (b), (c) and (d) of the statutes are created to read:

AB209,12,15 948.21 (1) (b) A Class H felony if bodily harm is a consequence.

AB209,12,16 (c) A Class F felony if great bodily harm is a consequence.

AB209,12,17 (d) A Class D felony if death is a consequence.

Note: This Section creates offenses for neglect if bodily harm is a consequence and if great bodily harm is a consequence. The offense involving bodily harm is a Class H felony and the offense involving great bodily harm is a Class F felony.

AB209, s. 20 Section 20. 948.53 (2) (b) of the statutes is renumbered 948.53 (2) (b) (intro.) and amended to read:

AB209,13,4 948.53 (2) (b) (intro.) Any person who violates par. (a) is guilty of a one of the following:

AB209,13,5 1. A Class A misdemeanor or, if death is a consequence, a Class G felony.

AB209, s. 21 Section 21. 948.53 (2) (b) 2., 3. and 4. of the statutes are created to read:

AB209,13,7 948.53 (2) (b) 2. A Class I felony if bodily harm is a consequence.

AB209,13,8 3. A Class H felony if great bodily harm is a consequence.

AB209,13,9 4. A Class G felony if death is a consequence.

Note: This Section creates offenses for cases in which bodily harm is a consequence of leaving a child unattended in a child care vehicle and in which great bodily harm is a consequence. The offense involving bodily harm is a Class I felony and the offense involving great bodily harm is a Class H felony.

AB209, s. 22 Section 22. 972.15 (1m) of the statutes is created to read:

AB209,13,17 972.15 (1m) Sex offenses against minors. If a person is convicted for a felony that requires him or her to register under s. 301.45 and if the victim was under 18 years of age at the time of the offense, the court shall order the department to conduct a presentence investigation report to assess whether the person is at risk for committing another sex offense, as defined in s. 301.45 (1d) (b), against a minor, unless the court finds that the report would not materially benefit the court or the department.

Note: This Section requires the court to order a presentence investigation report that includes an assessment of the risk of the defendant committing another sex-related crime against a child in cases in which there is a conviction for a felony requiring sex offender registration listed under s. 301.45 (1d) (b), stats., and the victim was under the age of 18 at the time of the offense, unless the court finds that the report would not materially benefit the department of corrections or the court.

AB209, s. 23 Section 23. Initial applicability.

AB209,13,20 (1) This act first applies to offenses the prosecution of which is not barred before the effective date of this subsection.

Note: This Section provides that the bill's provisions relating to statutes of limitations for prosecution of sexual assault of a child apply to offenses for which the statute of limitations has not expired on the effective date.

AB209, s. 24 Section 24. Effective dates. This act takes effect on the day after publication, except as follows:

AB209,14,4 (1) The treatment of section 301.48 (1) (e) 1., 1m., and 2. d. of the statutes takes effect on July 1, 2007.

Note: This Section provides that the treatment of the statutes relating to GPS tracking take effect on July 1, 2007, the effective date of 2005 Wisconsin Act 431.

AB209,14,5 (End)