948.11
948.11
Exposing a child to harmful material or harmful descriptions or narrations. 948.11(1)(ag)
(ag) "Harmful description or narrative account" means any explicit and detailed description or narrative account of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality that, taken as a whole, is harmful to children.
948.11(1)(ar)1.
1. Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body that depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that is harmful to children; or
948.11(1)(ar)2.
2. Any book, pamphlet, magazine, printed matter however reproduced or sound recording that contains any matter enumerated in
subd. 1., or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexually explicit conduct, sadomasochistic abuse, physical torture or brutality and that, taken as a whole, is harmful to children.
948.11(1)(b)
(b) "Harmful to children" means that quality of any description, narrative account or representation, in whatever form, of nudity, sexually explicit conduct, sexual excitement, sadomasochistic abuse, physical torture or brutality, when it:
948.11(1)(b)1.
1. Predominantly appeals to the prurient, shameful or morbid interest of children;
948.11(1)(b)2.
2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for children; and
948.11(1)(b)3.
3. Lacks serious literary, artistic, political, scientific or educational value for children, when taken as a whole.
948.11(1)(bm)
(bm) "Knowledge of the nature of the description or narrative account" means knowledge of the character and content of a harmful description or narrative account.
948.11(1)(c)
(c) "Knowledge of the nature of the material" means knowledge of the character and content of any material described herein.
948.11(1)(d)
(d) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
948.11(1)(e)
(e) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
948.11(1)(f)
(f) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
948.11(2)(a)(a) Whoever, with knowledge of the nature of the material, sells, rents, exhibits, transfers or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class E felony.
948.11(2)(am)
(am) Any person who has attained the age of 17 and who, with knowledge of the nature of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class E felony.
948.11(2)(b)
(b) Whoever, with knowledge of the nature of the material, possesses harmful material with the intent to sell, rent, exhibit, transfer or loan the material to a child is guilty of a Class A misdemeanor.
948.11(2)(c)
(c) It is an affirmative defense to a prosecution for a violation of this section if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
948.11(3)
(3) Extradition. If any person is convicted under
sub. (2) and cannot be found in this state, the governor or any person performing the functions of governor by authority of the law shall, unless the convicted person has appealed from the judgment of contempt or conviction and the appeal has not been finally determined, demand his or her extradition from the executive authority of the state in which the person is found.
948.11(4)
(4) Libraries and educational institutions. 948.11(4)(a)(a) The legislature finds that the libraries and educational institutions under
par. (b) carry out the essential purpose of making available to all citizens a current, balanced collection of books, reference materials, periodicals, sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature of American society. The legislature further finds that it is in the interest of the state to protect the financial resources of libraries and educational institutions from being expended in litigation and to permit these resources to be used to the greatest extent possible for fulfilling the essential purpose of libraries and educational institutions.
948.11(4)(b)
(b) No person who is an employe, a member of the board of directors or a trustee of any of the following is liable to prosecution for violation of this section for acts or omissions while in his or her capacity as an employe, a member of the board of directors or a trustee:
948.11(4)(b)3.
3. Any school offering vocational, technical or adult education that:
948.11(4)(b)4.
4. Any institution of higher education that is accredited, as described in
s. 39.30 (1) (d), and is exempt from taxation under section
501 (c) (3) of the internal revenue code, as defined in
s. 71.01 (6).
948.11(4)(b)5.
5. A library that receives funding from any unit of government.
948.11(5)
(5) Severability. The provisions of this section, including the provisions of
sub. (4), are severable, as provided in
s. 990.001 (11).
948.11 Annotation
This section is not unconstitutionally overbroad. The exemption from prosecution of libraries, educational institutions and their employes and directors does not violate equal protection rights. State v. Thiel, 183 W (2d) 505, 515 NW (2d) 847 (1994).
948.11 Annotation
The lack of a requirement in sub. (2) (a) that the defendant know the age of the child exposed to the harmful material does not render the statute unconstitutional on its face. State v. Kevin L.C. 216 W (2d) 166, 576 NW (2d) 62 (Ct. App. 1997).
948.12
948.12
Possession of child pornography. Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape or other pictorial reproduction or audio recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E felony:
948.12(1)
(1) The person knows that he or she possesses the material.
948.12(2)
(2) The person knows the character and content of the sexually explicit conduct shown in the material.
948.12(3)
(3) The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.
948.12 History
History: 1987 a. 332;
1995 a. 67.
948.12 Annotation
A violation of this section must be based on the content of the photograph and how it was produced. Evidence of the location and manner of storing the photo are not properly considered. State v. A. H. 211 W (2d) 561, 566 NW (2d) 858 (Ct. App. 1997).
948.13
948.13
Child sex offender working with children. 948.13(1)(1) In this section, "serious child sex offense" means any of the following:
948.13(1)(b)
(b) A crime under federal law or the law of any other state or, prior to May 7, 1996, under the law of this state that is comparable to a crime specified in
par. (a).
948.13(2)
(2) Whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class C felony. This subsection does not apply to a person who is exempt under a court order issued under
sub. (2m).
948.13(2m)(a)(a) A person who has been convicted of a crime under
s. 948.025 (1) may petition the court in which he or she was convicted to order that the person be exempt from
sub. (2) and permitted to engage in an occupation or participate in a volunteer position that requires the person to work or interact primarily and directly with children under 16 years of age. The court may grant a petition filed under this paragraph if the court finds that all of the following apply:
948.13(2m)(a)1.
1. At the time of the commission of the crime under
s. 948.025 (1) the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child with whom the person had sexual contact or sexual intercourse.
948.13(2m)(a)1m.
1m. The child with whom the person had sexual contact or sexual intercourse had attained the age of 13 but had not attained the age of 16.
948.13(2m)(a)2.
2. It is not necessary, in the interest of public protection, to require the person to comply with
sub. (2).
948.13(2m)(b)
(b) A person filing a petition under
par. (a) shall send a copy of the petition to the district attorney who prosecuted the person. The district attorney shall make a reasonable attempt to contact the victim of the crime that is the subject of the person's petition to inform the victim of his or her right to make or provide a statement under
par. (d).
948.13(2m)(c)
(c) A court may hold a hearing on a petition filed under
par. (a) and the district attorney who prosecuted the person may appear at the hearing.
948.13(2m)(d)
(d) Before deciding a petition filed under
par. (a), the court shall allow the victim of the crime that is the subject of the petition to make a statement in court at any hearing held on the petition or to submit a written statement to the court. A statement under this paragraph must be relevant to the issues specified in
par. (a) 1.,
1m. and
2.
948.13(2m)(e)1.1. Before deciding a petition filed under
par. (a), the court may request the person filing the petition to be examined by a physician, psychologist or other expert approved by the court. If the person refuses to undergo an examination requested by the court under this subdivision, the court shall deny the person's petition without prejudice.
948.13(2m)(e)2.
2. If a person is examined by a physician, psychologist or other expert under
subd. 1., the physician, psychologist or other expert shall file a report of his or her examination with the court, and the court shall provide copies of the report to the person and, if he or she requests a copy, to the district attorney. The contents of the report shall be confidential until the physician, psychologist or other expert has testified at the hearing held under
par. (c). The report shall contain an opinion regarding whether it would be in the interest of public protection to require the person to comply with
sub. (2) and the basis for that opinion.
948.13(2m)(e)3.
3. A person who is examined by a physician, psychologist or other expert under
subd. 1. is responsible for paying the cost of the services provided by the physician, psychologist or other expert, except that if the person is indigent the cost of the services provided by the physician, psychologist or other expert shall be paid by the county. If the person claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations under
s. 977.07 (1), except that the person shall be considered indigent without another determination under
s. 977.07 (1) if the person is represented by the state public defender or by a private attorney appointed under
s. 977.08.
948.13(2m)(f)
(f) The person who filed the petition under
par. (a) has the burden of proving by clear and convincing evidence that he or she satisfies the criteria specified in
par. (a) 1.,
1m. and
2. In deciding whether the person has satisfied the criterion specified in
par. (a) 2., the court may consider any of the following:
948.13(2m)(f)1.
1. The ages, at the time of the violation, of the person who filed the petition and the victim of the crime that is the subject of the petition.
948.13(2m)(f)2.
2. The relationship between the person who filed the petition and the victim of the crime that is the subject of the petition.
948.13(2m)(f)3.
3. Whether the crime that is the subject of the petition resulted in bodily harm to the victim.
948.13(2m)(f)4.
4. Whether the victim of the crime that is the subject of the petition suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
948.13(2m)(f)5.
5. The probability that the person who filed the petition will commit other serious child sex offenses in the future.
948.13(2m)(f)7.
7. Any other factor that the court determines may be relevant to the particular case.
948.13(3)
(3) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact primarily and directly with children under 16 years of age: teaching children, child care, youth counseling, youth organization, coaching children, parks or playground recreation or school bus driving.
948.13 History
History: 1995 a. 265;
1997 a. 130,
220.
948.20
948.20
Abandonment of a child. Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class D felony.
948.20 History
History: 1977 c. 173;
1987 a. 332 s.
35; Stats. 1987 s. 948.20.
948.21
948.21
Neglecting a child. 948.21(1)(1) 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 Class A misdemeanor or, if death is a consequence, a Class C felony.
948.21(2)
(2) Under
sub. (1), a person responsible for the child's welfare contributes to the neglect of the child although the child does not actually become neglected if the natural and probable consequences of the person's actions or failure to take action would be to cause the child to become neglected.
948.21 History
History: 1987 a. 332.
948.22
948.22
Failure to support. 948.22(1)(a)
(a) "Child support" means an amount which a person is ordered to provide for support of a child by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under
s. 49.90.
948.22(1)(c)
(c) "Spousal support" means an amount which a person is ordered to provide for support of a spouse or former spouse by a court of competent jurisdiction in this state or in another state, territory or possession of the United States, or, if not ordered, an amount that a person is legally obligated to provide under
s. 49.90.
948.22(2)
(2) Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class E felony. A prosecutor may charge a person with multiple counts for a violation under this subsection if each count covers a period of at least 120 consecutive days and there is no overlap between periods.
948.22(3)
(3) Any person who intentionally fails for less than 120 consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class A misdemeanor.
948.22(4)
(4) Under this section, the following is prima facie evidence of intentional failure to provide child, grandchild or spousal support:
948.22(4)(a)
(a) For a person subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she is required to pay support under an order, failure to pay the child, grandchild or spousal support payment required under the order.
948.22(4)(b)
(b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount established by rule by the department of workforce development under
s. 49.22 (9) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in
s. 49.01 (2).
948.22(5)
(5) Under this section, it is not a defense that child, grandchild or spousal support is provided wholly or partially by any other person or entity.
948.22(6)
(6) Under this section, affirmative defenses include but are not limited to inability to provide child, grandchild or spousal support. A person may not demonstrate inability to provide child, grandchild or spousal support if the person is employable but, without reasonable excuse, either fails to diligently seek employment, terminates employment or reduces his or her earnings or assets. A person who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence.
948.22(7)(a)(a) Before trial, upon petition by the complainant and notice to the defendant, the court may enter a temporary order requiring payment of child, grandchild or spousal support.
948.22(7)(b)
(b) In addition to or instead of imposing a penalty authorized for a Class E felony or a Class A misdemeanor, whichever is appropriate, the court shall:
