948.22 Annotation
Under s. 940.27 (2) [now 948.22 (2], the state must prove that the defendant had an obligation to provide support and failed to do so for 120 days. The state need not prove that the defendant was required to pay a specific amount. Sub. (6) does not unconstitutionally shift the burden of proof. State v. Duprey,
149 Wis. 2d 655,
439 N.W.2d 837 (Ct. App. 1989).
948.22 Annotation
Multiple prosecutions for a continuous failure to pay child support are allowed. State v. Grayson,
172 Wis. 2d 156,
493 N.W.2d 23 (1992).
948.22 Annotation
Jurisdiction in a criminal nonsupport action under s. 948.22 does not require that the child to be supported be a resident of Wisconsin during the charged period. State v. Gantt,
201 Wis. 2d 206,
548 N.W.2d 134 (Ct. App. 1996),
95-2469.
948.22 Annotation
Evidence of incarceration to prove inability to pay is not excluded under sub. (6), and there was no basis to find the evidence irrelevant. State v. Stutesman,
221 Wis. 2d 178,
585 N.W.2d 181 (Ct. App. 1998),
97-2991.
948.22 Annotation
This section does not distinguish between support and arrearages. It criminalizes failure to pay arrearages even after the child for whom support is ordered attains majority. Incarceration for violation of this section is not unconstitutional imprisonment for a debt. State v. Lenz,
230 Wis. 2d 529,
602 N.W.2d 172 (Ct. App. 1999),
99-0860.
948.22 Annotation
If nonsupport is charged as a continuing offense, the statute of limitations runs from the last date the defendant intentionally fails to provide support. If charges are brought for each 120 day period that a person does not pay, the statute of limitations bars charging for those 120 periods that are more than 6 years old. The running of the statute of limitations does not prevent inclusion of all unpaid amounts in a later arrearage order. State v. Monarch,
230 Wis. 2d 542,
602 N.W.2d 179 (Ct. App. 1999),
99-1054.
948.22 Annotation
A father, who intentionally refused to pay child support could, as a condition of probation, be required to avoid having another child unless he showed that he could support that child and his current children. In light of the defendant's ongoing victimization of his children and record manifesting his disregard for the law, the condition was not overly broad and was reasonably related to the defendant's rehabilitation. State v. Oakley,
2001 WI 103,
245 Wis. 2d 447,
629 N.W.2d 200,
99-3328.
948.22 Annotation
Whether a court of competent jurisdiction ordered a defendant to pay child support is not an element of failure to pay child support. A question in that regard need not be submitted to the jury. Because the defendant father did not identify a historical fact inconsistent with an incident of the Maine court's jurisdiction, whether a court of competent jurisdiction ordered him to pay child support was a purely legal question for the court to determine. State v. Smith,
2005 WI 104,
283 Wis. 2d 57,
699 N.W.2d 508,
03-1698.
948.23
948.23
Concealing or not reporting death of a child; not reporting disappearance of a child. 948.23(1)
(1) Whoever does any of the following is guilty of a Class I felony:
948.23(1)(a)
(a) Conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive.
948.23(1)(b)
(b) Unless a physician or an authority of a hospital, sanatorium, public or private institution, convalescent home, or any institution of a like nature is required to report the death under
s. 979.01 (1) or unless a report conflicts with religious tenets or practices, fails to report to law enforcement the death of a child immediately after discovering the death, or as soon as practically possible if immediate reporting is impossible, if the actor is the parent, stepparent, guardian, or legal custodian of the child and if any of the following applies:
948.23(1)(b)1.
1. The death involves unexplained, unusual, or suspicious circumstances.
948.23(1)(b)2.
2. The death is or appears to be a homicide or a suicide.
948.23(1)(b)4.
4. The death follows an accident, whether the injury is or is not the primary cause of the death.
948.23(2)
(2) Whoever, without authorization under
s. 69.18 or other legal authority to move a corpse, hides or buries the corpse of a child is guilty of a Class F felony.
948.23(3)(ag)(ag) In this subsection, "missing" means absent without a reasonable explanation if the absence would raise concern in a reasonable person for the child's well-being.
948.23(3)(am)
(am) Within the period under
par. (b), an individual must report to law enforcement a child as missing if the individual is the parent, stepparent, guardian, or legal custodian of the child.
948.23(3)(b)1.1. The report under
par. (am) must be made within 24 hours after the child is discovered to be missing if the child is under 13 years of age when the discovery is made.
948.23(3)(b)2.
2. The report under
par. (am) must be made within 48 hours after the child is discovered to be missing if the child is at least 13 years of age but under 16 years of age when the discovery is made.
948.23(3)(b)3.
3. The report under
par. (am) must be made within 72 hours after the child is discovered to be missing if the child is at least 16 years of age when the discovery is made.
948.23(3)(c)2.
2. If the child suffers bodily harm or substantial bodily harm while he or she is missing, a Class H felony.
948.23(3)(c)3.
3. If the child suffers great bodily harm while he or she is missing, a Class F felony.
948.23(3)(c)4.
4. If the child dies while he or she is missing or as a result of an injury he or she suffered while missing, a Class D felony.