948.36(1)
(1) Any person who has attained the age of 17 years and who, with the intent that a Class A felony be committed and under circumstances that indicate unequivocally that he or she has that intent, knowingly solicits, advises, hires, directs, counsels, employs, uses or otherwise procures a person 17 years of age or under to commit that Class A felony may, if the Class A felony is committed by the child, be imprisoned for not more than 5 years in excess of the maximum period of imprisonment provided by law for that Class A felony.
948.36(2)
(2) The knowledge requirement under
sub. (1) does not require proof of knowledge of the age of the child. A defendant does not have a defense to a prosecution under this section because he or she mistakenly believed that the person who was advised, hired, directed, counseled, employed, used or procured had attained the age of 18 years, even if the mistaken belief was reasonable.
948.36 History
History: 1991 a. 153;
1995 a. 27.
948.40
948.40
Contributing to the delinquency of a child. 948.40(1)(1) No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 which would be a delinquent act if committed by a child 10 years of age or older.
948.40(2)
(2) No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 that would be a delinquent act if committed by a child 10 years of age or older.
948.40(3)
(3) Under this section, a person encourages or contributes to the delinquency of a child although the child does not actually become delinquent if the natural and probable consequences of the person's actions or failure to take action would be to cause the child to become delinquent.
948.40(4)
(4) A person who violates this section is guilty of a Class A misdemeanor, except:
948.40(4)(a)
(a) If death is a consequence, the person is guilty of a Class C felony; or
948.40(4)(b)
(b) If the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class D felony.
948.45
948.45
Contributing to truancy. 948.45(1)
(1) Except as provided in
sub. (2), any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under
s. 118.16 (1) (c), of a person 17 years of age or under is guilty of a Class C misdemeanor.
948.45(2)
(2) Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under
s. 49.26 (1) (h).
948.45(3)
(3) An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.
948.45 History
History: 1987 a. 285;
1989 a. 31 s.
2835m; Stats. 1989 s. 948.45;
1995 a. 27.
948.50
948.50
Strip search by school employee. 948.50(1)
(1) The legislature intends, by enacting this section, to protect pupils from being strip searched. By limiting the coverage of this section, the legislature is not condoning the use of strip searches under other circumstances.
948.50(2)(a)
(a) "School" means a public, parochial or private school which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school or high school.
948.50(2)(b)
(b) "Strip search" means a search in which a person's genitals, pubic area, buttock or anus, or a female person's breast, is uncovered and either is exposed to view or is touched by a person conducting the search.
948.50(3)
(3) Any official, employee or agent of any school or school district who conducts a strip search of any pupil is guilty of a Class B misdemeanor.
948.50(4)
(4) This section does not apply to a search of any person who:
948.50(4)(a)
(a) Is serving a sentence, pursuant to a conviction, in a jail, state prison or house of correction.
948.50(4)(b)
(b) Is placed in or transferred to a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g).
948.50(5)
(5) This section does not apply to any law enforcement officer conducting a strip search under
s. 968.255.
948.50 History
History: 1983 a. 489;
1987 a. 332 s.
38; Stats. 1987 s. 948.50;
1995 a. 77.