948.095(3)(d)2. 2. Child care.

948.095(3)(d)3. 3. Youth counseling.

948.095(3)(d)4. 4. Youth organization.

948.095(3)(d)5. 5. Coaching children.

948.095(3)(d)6. 6. Parks or playground recreation.

948.095(3)(d)7. 7. School bus driving.

948.095 History History: 1995 a. 456; 2001 a. 109; 2005 a. 274; 2007 a. 97; 2009 a. 302.

948.095 Annotation An “employee” and persons “under contract” are examples of persons included within the group of people that provide services to a school or school board within the definition of school staff under sub. (1) (b). These phrases are illustrative and do not limit the definition of “a person who provides services.” State v. Kaster, 2003 WI App 105, 264 Wis. 2d 751, 663 N.W.2d 390, 02-2352. See also State v. Kaster, 2006 WI App 72, 292 Wis. 2d 252, 714 N.W.2d 238, 05-1285.

948.098 948.098 Sexual misconduct by a school staff person or volunteer.

948.098(1) (1) In this section:

948.098(1)(a) (a) “Physical contact of a sexual nature” means any of the following types of intentional touching, whether direct or through clothing:

948.098(1)(a)1. 1. Intentional touching by the actor or, upon the actor’s instruction, by another person, by the use of any body part or object, if the purpose of the intentional touching is any of the following:

948.098(1)(a)1.a. a. To sexually degrade or sexually humiliate the pupil.

948.098(1)(a)1.b. b. To sexually degrade or sexually humiliate the actor.

948.098(1)(a)1.c. c. To sexually arouse or sexually gratify the pupil.

948.098(1)(a)1.d. d. To sexually arouse or sexually gratify the actor.

948.098(1)(a)2. 2. Intentional touching by the pupil, by the use of any body part or object, of the actor or, if done upon the actor’s instructions, another person, if the purpose of the intentional touching is any of the following:

948.098(1)(a)2.a. a. To sexually degrade or sexually humiliate the pupil.

948.098(1)(a)2.b. b. To sexually degrade or sexually humiliate the actor.

948.098(1)(a)2.c. c. To sexually arouse or sexually gratify the pupil.

948.098(1)(a)2.d. d. To sexually arouse or sexually gratify the actor.

948.098(1)(b) (b) “School” means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

948.098(1)(c) (c) “School staff member” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract. “School staff member” includes a bus driver.

948.098(1)(d) (d) “Sexual misconduct” means verbal conduct of a sexual nature or physical contact of a sexual nature. “Sexual misconduct” includes conduct directed by a person at another person of the same or opposite gender.

948.098(1)(e) (e) “Verbal conduct of a sexual nature” means communications made intentionally for any of the following purposes:

948.098(1)(e)1. 1. Sexually degrading or sexually humiliating the pupil

948.098(1)(e)2. 2. Sexually degrading or sexually humiliating the actor.

948.098(1)(e)3. 3. Sexually arousing or sexually gratifying the pupil.

948.098(1)(e)4. 4. Sexually arousing or sexually gratifying the actor.