948.05(1)(1)
Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child may be penalized under sub.
(2p):
948.05(1)(a)
(a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct.
948.05(1)(b)
(b) Records or displays in any way a child engaged in sexually explicit conduct.
948.05(1m)
(1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct may be penalized under sub.
(2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
948.05(2)
(2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub.
(1) (a) or
(b) or
(1m) may be penalized under sub.
(2p).
948.05(2p)(b)
(b) A person who violates sub.
(1),
(1m), or
(2) is guilty of a Class F felony if the person is under 18 years of age when the offense occurs.
948.05(3)
(3) It is an affirmative defense to prosecution for violation of sub.
(1) (a) or
(b) or
(2) if the defendant had reasonable cause to believe 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.
948.05 Annotation
“Import" under sub. (1) (c) [now sub. (1m)] means bringing in from an external source and does not require a commercial element or exempt personal use. State v. Bruckner,
151 Wis. 2d 833,
447 N.W.2d 376 (Ct. App. 1989).
948.05 Annotation
The purposes of this section, child exploitation, and s. 948.07, child enticement, are distinct, and two distinct crimes are envisioned by the statutes. Charging both for the same act was not multiplicitous. State v. DeRango,
2000 WI 89,
236 Wis. 2d 721,
613 N.W.2d 833,
98-0642.
948.051
948.051
Trafficking of a child. 948.051(1)(1)
Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts, as defined in s.
940.302 (1) (a), is guilty of a Class C felony.
948.051(2)
(2) Whoever benefits in any manner from a violation of sub.
(1) is guilty of a Class C felony if the person knows that the benefits come from an act described in sub.
(1).
948.051(3)
(3) Any person who incurs an injury or death as a result of a violation of sub.
(1) or
(2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.
948.051 Annotation
Under the Radar: Human Trafficking in Wisconsin. Monaco-Wilcox & Mueller. Wis. Law. Oct. 2017.
948.055
948.055
Causing a child to view or listen to sexual activity. 948.055(1)(1)
Whoever intentionally causes a child who has not attained 18 years of age, or an individual who the actor believes or has reason to believe has not attained 18 years of age, to view or listen to sexually explicit conduct may be penalized as provided in sub.
(2) if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child or individual.
948.055(2)(a)
(a) A Class F felony if any of the following applies:
948.055(2)(a)2.
2. The actor believes or has reason to believe that the child has not attained the age of 13 years.
948.055(2)(b)
(b) A Class H felony if any of the following applies:
948.055(2)(b)1.
1. The child has attained the age of 13 years but has not attained the age of 18 years.
948.055(2)(b)2.
2. The actor believes or has reason to believe that the child has attained the age of 13 years but has not attained the age of 18 years.
948.055 History
History: 1987 a. 334;
1989 a. 359;
1993 a. 218 ss.
6,
7; Stats. 1993 s. 948.055;
1995 a. 67;
2001 a. 109;
2011 a. 284.
948.06
948.06
Incest with a child. Whoever does any of the following is guilty of a Class C felony: