LRB-5512/1
MLJ:klm&wlj
2017 - 2018 LEGISLATURE
March 22, 2018 - Introduced by Senator L. Taylor, cosponsored by Representatives
Crowley, Spreitzer and Sargent. Referred to Committee on Senate
Organization.
SB877,1,3 1An Act to create 940.225 (2) (k) of the statutes; relating to: sexual contact by
2a law enforcement officer with a person in his or her custody and providing a
3criminal penalty.
Analysis by the Legislative Reference Bureau
Under this bill, it is a Class C Felony for a law enforcement officer to have sexual
contact or sexual intercourse with a person in his or her custody. For the purposes
of the crime created in this bill, consent is not an issue. The bill adds the prohibited
conduct to the list of activities in current law that constitute second degree sexual
assault. Current law does not contain a criminal prohibition on sexual contact
between a law enforcement officer and a person in his or her custody.
Under current law, a person may be required to register as a sex offender for
certain crimes that are sexually motivated if the judge determines that it would be
in the interest of public protection to have the person register. Under this bill, the
new offense of sexual contact between a law enforcement officer and a person in his
or her custody would be subject to this provision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB877,1 4Section 1. 940.225 (2) (k) of the statutes is created to read:
SB877,2,5
1940.225 (2) (k) Is a law enforcement officer, as defined in s. 165.85 (2) (c), and
2has sexual contact or sexual intercourse with any person in his or her custody. This
3paragraph applies whether the custody is lawful or unlawful and whether the
4custody is actual or constructive. Consent is not an issue in an action under this
5paragraph.
SB877,2,66 (End)
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