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AB355,4 4Section 4. 939.25 (3) of the statutes is created to read:
AB355,3,55 939.25 (3) This section does not apply to s. 948.21.
AB355,5 6Section 5. 948.21 of the statutes is repealed and recreated to read:
AB355,3,7 7948.21 Neglecting a child. (1) Definitions. In this section:
AB355,3,98 (a) “Child sex offense" means an offense under s. 948.02, 948.025, 948.05,
9948.051, 948.055, 948.06, 948.07, 948.08, 948.10, 948.11, or 948.12.
AB355,3,1010 (b) “Emotional damage" has the meaning given in s. 48.02 (5j).
AB355,3,1411 (c) “Necessary care" means the care that is critical to a child's physical or
12emotional health, safety, welfare, or development, based on all of the facts and
13circumstances, such as the child's age, physical or emotional condition, and any
14special needs of the child. “Necessary care" includes any of the following:
AB355,3,1515 1. Adequate food.
AB355,3,1616 2. Adequate clothing.
AB355,3,1717 3. Adequate medical care.
AB355,3,1818 4. The opportunity for education.
AB355,3,1919 5. Adequate shelter.
AB355,3,2020 6. Adequate supervision.
AB355,3,2221 7. The protection from exposure to the distribution, manufacture, or use of
22controlled substances, as defined in s. 961.01 (4).
AB355,3,2523 (d) “Negligently” means acting, or failing to act, in such a way that a reasonable
24person would know or should know seriously endangers the physical, mental, or
25emotional health of a child.
AB355,4,6
1(2) Neglect. Any person who is responsible for a child's welfare who, for
2reasons other than poverty, negligently fails, or contributes to the failure, to provide
3the child with necessary care commits neglect, even if the child does not actually
4suffer from neglect if the natural and probable consequences of the failure would be
5that the child suffers from neglect. A person who commits neglect is guilty of the
6following:
AB355,4,77 (a) A Class D felony if the child suffers death as a consequence.
AB355,4,88 (b) A Class F felony if any of the following applies:
AB355,4,99 1. The child suffers great bodily harm as a consequence.
AB355,4,1010 2. The child becomes a victim of a child sex offense as a consequence.
AB355,4,1111 (c) A Class G felony if the child suffers emotional damage as a consequence.
AB355,4,1212 (d) A Class H felony if the child suffers bodily harm as a consequence.
AB355,4,1313 (e) A Class I felony if any of the following applies:
AB355,4,1514 1. The commission creates an unreasonable and substantial risk of great bodily
15harm to the child.
AB355,4,1716 2. The commission creates an unreasonable and substantial risk that the child
17could become a victim of a child sex offense.
AB355,4,1918 (f) A Class A misdemeanor if the commission creates an unreasonable and
19substantial risk of bodily harm to the child.
AB355,4,22 20(3) Rebuttable presumption. A rebuttable presumption that an action creates
21an unreasonable and substantial risk of the harm described under sub. (2) (e) 1. or
222., whichever is applicable, exists under any of the following circumstances:
AB355,4,2423 (a) The child had not attained the age of 6 years when the action was
24committed.
AB355,5,2
1(b) The child has a physical, cognitive, or developmental disability that was
2known or should have been known by the actor.
AB355,5,5 3(4) Repeated acts of neglect of same child. (a) Any person who commits 3
4or more violations under sub. (2) within a specified period of time involving the same
5child is guilty of the following:
AB355,5,66 1. A Class B felony if the child suffers death as a consequence.
AB355,5,77 2. A Class D felony if any of the following applies:
AB355,5,88 a. The child suffers great bodily harm as a consequence.
AB355,5,99 b. The child becomes the victim of a child sex offense as a consequence.
AB355,5,1010 3. A Class E felony if the child suffers emotional damage as a consequence.
AB355,5,1111 4. A Class F felony if the child suffers bodily harm as a consequence.
AB355,5,1212 5. A Class H felony.
AB355,5,1713 (b) If an action under par. (a) is tried to a jury, in order to find the defendant
14guilty the members of the jury must unanimously agree that at least 3 violations of
15sub. (2) involving the same child occurred within the specified period but need not
16agree on which acts constitute the requisite number or which acts resulted in any
17requisite consequence.
AB355,5,2018 (c) The state may not charge in the same action a person with a violation of this
19subsection and with a violation involving the same child under sub. (2), unless the
20violation of sub. (2) occurred outside of the period applicable under par. (a).
AB355,5,2121 (End)
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