SB292, s. 32 16Section 32. 939.62 (2m) (a) 1m. a. of the statutes is amended to read:
SB292,10,1917 939.62 (2m) (a) 1m. a. A violation of s. 948.02, 948.025, 948.05, 948.051,
18948.055, 948.06, 948.07, 948.08, 948.085, or 948.095 or 948.30 or, if the victim was
19a minor and the convicted person was not the victim's parent, a violation of s. 940.31.
SB292, s. 33 20Section 33. 939.632 (1) (e) 1. of the statutes is amended to read:
SB292,10,2521 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
22(1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
23941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025,
24948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2)
25or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
SB292, s. 34
1Section 34. 939.74 (2) (d) of the statutes is created to read:
SB292,11,32 939.74 (2) (d) A prosecution for a violation of s. 948.051 shall be commenced
3before the victim reaches the age of 24 or be barred.
SB292, s. 35 4Section 35. 940.302 of the statutes is created to read:
SB292,11,5 5940.302 Human trafficking. (1) In this section:
SB292,11,76 (a) "Commercial sex act" means sexual contact for which anything of value is
7given to, promised, or received, directly or indirectly, by any person.
SB292,11,118 (b) "Debt bondage" means the condition of a debtor arising from the debtor's
9pledge of services as a security for debt if the reasonable value of those services is not
10applied toward repaying the debt or if the length and nature of the services are not
11defined.
SB292,11,1312 (c) "Services" means activities performed by one individual at the request,
13under the supervision, or for the benefit of another person.
SB292,11,1614 (d) "Trafficking" means recruiting, enticing, harboring, transporting,
15providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide,
16or obtain, an individual without consent of the individual.
SB292,11,18 17(2) (a) Except as provided in s. 948.051, whoever knowingly engages in
18trafficking is guilty of a Class D felony if all of the following apply:
SB292,11,1919 1. One of the following applies:
SB292,11,2020 a. The trafficking is for the purposes of labor or services.
SB292,11,2121 b. The trafficking is for the purposes of a commercial sex act.
SB292,11,2222 2. The trafficking is done by any of the following:
SB292,11,2323 a. Causing or threatening to cause bodily harm to any individual.
SB292,11,2424 b. Causing or threatening to cause financial harm to any individual.
SB292,11,2525 c. Restraining or threatening to restrain any individual.
SB292,12,1
1d. Violating or threatening to violate a law.
SB292,12,42 e. Destroying, concealing, removing, confiscating, or possessing, or threatening
3to destroy, conceal, remove, confiscate, or possess, any actual or purported passport
4or any other actual or purported official identification document of any individual.
SB292,12,55 f. Extortion.
SB292,12,66 g. Fraud or deception.
SB292,12,77 h. Debt bondage.
SB292,12,88 i. Controlling any individual's access to an addictive controlled substance.
SB292,12,109 j. Using any scheme or pattern to cause an individual to believe that any
10individual would suffer bodily harm, financial harm, restraint, or other harm.
SB292,12,1311 (b) Whoever benefits in any manner from a violation of par. (a) is guilty of a
12Class D felony if the person knows that the benefits come from an act described in
13par. (a).
SB292,12,18 14(3) Any person who incurs an injury or death as a result of a violation of sub.
15(2) may bring a civil action against the person who committed the violation. In
16addition to actual damages, the court may award punitive damages to the injured
17party, not to exceed treble the amount of actual damages incurred, and reasonable
18attorney fees.
SB292, s. 36 19Section 36. 946.82 (4) of the statutes is amended to read:
SB292,13,920 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
21(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
22of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
23180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
24221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
25940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305,

1940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2),
2(2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06,
3943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2),
4943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40,
5943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 943.81,
6943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c)
7and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08,
8946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64,
9946.65, 946.72, 946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
SB292, s. 37 10Section 37. 948.051 of the statutes is created to read:
SB292,13,14 11948.051 Trafficking of a child. (1) Whoever knowingly recruits, entices,
12provides, obtains, or harbors, or knowingly attempts to recruit, entice, provide,
13obtain, or harbor, any child for the purpose of commercial sex acts, as defined in s.
14940.302 (1) (a), or sexually explicit performance is guilty of a Class C felony.
SB292,13,17 15(2) Whoever benefits in any manner from a violation of sub. (1) is guilty of a
16Class C felony if the person knows that the benefits come from an act described in
17sub. (1).
SB292,13,22 18(3) Any person who incurs an injury or death as a result of a violation of sub.
19(1) or (2) may bring a civil action against the person who committed the violation.
20In addition to actual damages, the court may award punitive damages to the injured
21party, not to exceed treble the amount of actual damages incurred, and reasonable
22attorney fees.
SB292, s. 38 23Section 38. 948.13 (1) (a) of the statutes is amended to read:
SB292,14,224 948.13 (1) (a) A crime under s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim
25is under 18 years of age at the time of the offense, a crime under s. 940.302 (2) if s.

1940.302 (2) (a) 1. b. applies,
or a crime under s. 948.02 (1) or (2), 948.025 (1), 948.05
2(1) or (1m), 948.051, 948.06, 948.07 (1), (2), (3), or (4), 948.075, or 948.085.
SB292, s. 39 3Section 39. 949.03 (1) (b) of the statutes is amended to read:
SB292,14,104 949.03 (1) (b) The commission or the attempt to commit any crime specified in
5s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
6940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24,
7940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32, 941.327,
8943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86, 943.87,
9948.02, 948.025, 948.03, 948.04, 948.051, 948.07, 948.085, 948.095, 948.20, 948.30
10or 948.51.
SB292, s. 40 11Section 40. 969.08 (10) (b) of the statutes is amended to read:
SB292,14,2112 969.08 (10) (b) "Serious crime" means any crime specified in s. 943.23 (1m),
131999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03,
14940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
15940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
161m., 1r., 2. or 3., 940.302 (2), 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01
17(2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), 943.30,
18943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90,
19946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05,
20948.051, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a financial institution,
21as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).
SB292, s. 41 22Section 41. 970.03 (4) (a) of the statutes is amended to read:
SB292,15,823 970.03 (4) (a) If the defendant is accused of a crime under s. 940.225, 948.02,
24948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2), if the
25court finds that the crime was sexually motivated, as defined in s. 980.01 (5),
the

1court may exclude from the hearing all persons who are not officers of the court,
2members of the complainant's or defendant's families or others considered by the
3court to be supportive of the complainant or defendant, the service representative,
4as defined in s. 895.45 (1) (c), or other persons required to attend, if the court finds
5that the state or the defendant has established a compelling interest that would
6likely be prejudiced if the persons were not excluded. The court may consider as a
7compelling interest, among others, the need to protect a complainant from undue
8embarrassment and emotional trauma.
SB292, s. 42 9Section 42. 971.17 (1m) (b) 2m. of the statutes is amended to read:
SB292,15,1910 971.17 (1m) (b) 2m. If the defendant under sub. (1) is found not guilty by reason
11of mental disease or defect for a violation, or for the solicitation, conspiracy, or
12attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02
13(1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
14948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2)
15if s. 940.302 (2) (a) 1. b. applies,
or of s. 940.30 or 940.31 if the victim was a minor and
16the defendant was not the victim's parent, the court shall require the defendant to
17comply with the reporting requirements under s. 301.45 unless the court determines,
18after a hearing on a motion made by the defendant, that the defendant is not required
19to comply under s. 301.45 (1m).
SB292, s. 43 20Section 43. 971.31 (11) of the statutes is amended to read:
SB292,16,221 971.31 (11) In actions under s. 940.225, 948.02, 948.025, 948.051, 948.085, or
22948.095, or under s. 940.302 (2), if the court finds that the crime was sexually
23motivated, as defined in s. 980.01 (5),
evidence which is admissible under s. 972.11
24(2) must be determined by the court upon pretrial motion to be material to a fact at

1issue in the case and of sufficient probative value to outweigh its inflammatory and
2prejudicial nature before it may be introduced at trial.
SB292, s. 44 3Section 44. 972.11 (2) (b) (intro.) of the statutes is amended to read:
SB292,16,114 972.11 (2) (b) (intro.) If the defendant is accused of a crime under s. 940.225,
5948.02, 948.025, 948.05, 948.051, 948.06, 948.085, or 948.095, or under s. 940.302 (2),
6if the court finds that the crime was sexually motivated, as defined in s. 980.01 (5),

7any evidence concerning the complaining witness's prior sexual conduct or opinions
8of the witness's prior sexual conduct and reputation as to prior sexual conduct shall
9not be admitted into evidence during the course of the hearing or trial, nor shall any
10reference to such conduct be made in the presence of the jury, except the following,
11subject to s. 971.31 (11):
SB292, s. 45 12Section 45. 973.01 (3g) of the statutes is amended to read:
SB292,16,1913 973.01 (3g) Earned release program eligibility. When imposing a bifurcated
14sentence under this section on a person convicted of a crime other than a crime
15specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06,
16948.07, 948.075, 948.08, 948.085, or 948.095, the court shall, as part of the exercise
17of its sentencing discretion, decide whether the person being sentenced is eligible or
18ineligible to participate in the earned release program under s. 302.05 (3) during the
19term of confinement in prison portion of the bifurcated sentence.
SB292, s. 46 20Section 46. 973.01 (3m) of the statutes is amended to read:
SB292,17,221 973.01 (3m) Challenge incarceration program eligibility. When imposing
22a bifurcated sentence under this section on a person convicted of a crime other than
23a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055,
24948.06, 948.07, 948.075, 948.08, 948.085, or 948.095, the court shall, as part of the
25exercise of its sentencing discretion, decide whether the person being sentenced is

1eligible or ineligible for the challenge incarceration program under s. 302.045 during
2the term of confinement in prison portion of the bifurcated sentence.
SB292, s. 47 3Section 47. 973.0135 (1) (b) 2. of the statutes is amended to read:
SB292,17,94 973.0135 (1) (b) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m)
5or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., s.
6940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
7940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
8943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05,
9948.051, 948.06, 948.07, 948.075, 948.08, or 948.30 (2).
SB292, s. 48 10Section 48. 973.017 (6) (b) of the statutes is amended to read:
SB292,17,1511 973.017 (6) (b) When making a sentencing decision concerning a person
12convicted of a violation of s. 948.02 (1) or (2), 948.025 (1), or 948.03 (2) or (3), or
13948.051,
the court shall consider as an aggravating factor the fact that the person
14was a person responsible for the welfare of the child who was the victim of the
15violation.
SB292, s. 49 16Section 49. 973.048 (2m) of the statutes is amended to read:
SB292,17,2517 973.048 (2m) If a court imposes a sentence or places a person on probation for
18a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s.
19940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051,
20948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am),
21948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s.
22940.30 or 940.31 if the victim was a minor and the person was not the victim's parent,
23the court shall require the person to comply with the reporting requirements under
24s. 301.45 unless the court determines, after a hearing on a motion made by the
25person, that the person is not required to comply under s. 301.45 (1m).
SB292, s. 50
1Section 50. 973.176 (3) of the statutes is amended to read:
SB292,18,82 973.176 (3) Child sex offender working with children. Whenever a court
3imposes a sentence or places a defendant on probation regarding a conviction under
4s. 940.22 (2) or 940.225 (2) (c) or (cm), if the victim is under 18 years of age at the time
5of the offense, a conviction under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or
6a conviction under s. 948.02 (1) or (2), 948.025 (1), 948.05 (1) or (1m), 948.051, 948.06,
7948.07 (1), (2), (3), or (4), 948.075, or 948.085, the court shall inform the defendant
8of the requirements and penalties under s. 948.13.
SB292, s. 51 9Section 51. 973.20 (4m) of the statutes is amended to read:
SB292,18,1810 973.20 (4m) If the defendant violated s. 940.225, 948.02, 948.025, 948.05,
11948.051, 948.06, 948.07, 948.08, or 948.085, or s. 940.302 (2), if the court finds that
12the crime was sexually motivated, as defined in s. 980.01 (5),
and sub. (3) (a) does not
13apply, the restitution order may require that the defendant pay an amount, not to
14exceed $10,000, equal to the cost of necessary professional services relating to
15psychiatric and psychological care and treatment. The $10,000 limit under this
16subsection does not apply to the amount of any restitution ordered under sub. (3) or
17(5) for the cost of necessary professional services relating to psychiatric and
18psychological care and treatment.
SB292, s. 52 19Section 52. 973.20 (4o) of the statutes is created to read:
SB292,18,2220 973.20 (4o) If the defendant violated s. 940.302 (2) or 948.051, and sub. (2) or
21(3) does not apply, the restitution order may require that the defendant pay an
22amount equal to any of the following:
SB292,18,2323 (a) The costs of necessary transportation, housing, and child care for the victim.
SB292,18,2424 (b) The greater of the following:
SB292,18,2525 1. The gross income gained by the defendant due to the services of the victim.
SB292,19,1
12. The value of the victim's services as provided under the state minimum wage.
SB292,19,32 (c) Any expenses incurred by the victim if relocation for personal safety is
3determined to be necessary by the district attorney.
SB292,19,44 (d) The costs of relocating the victim to his or her city, state, or country of origin.
SB292, s. 53 5Section 53. Initial applicability.
SB292,19,76 (1) The treatment of sections 940.302 and 948.051 of the statutes first applies
7to acts committed on the effective date of this subsection.
SB292,19,88 (End)
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