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LRB-2717/1
MLJ:emw
2017 - 2018 LEGISLATURE
June 26, 2017 - Introduced by Representatives Sargent, Kolste, Berceau,
Anderson, Vruwink, C. Taylor, Considine, Spreitzer and Fields,
cosponsored by Senators Carpenter, Johnson and L. Taylor. Referred to
Committee on Criminal Justice and Public Safety.
AB406,1,3 1An Act to renumber and amend 940.225 (3); and to create 940.225 (1) (d),
2940.225 (2) (k) and 940.225 (3) (c) of the statutes; relating to: classification of
3sexual assault offenses and providing criminal penalties.
Analysis by the Legislative Reference Bureau
This bill reclassifies a second, third, or fourth degree sexual assault to one
degree higher if the defendant has previously been convicted of first, second, third,
or fourth degree sexual assault. Under current law, the penalty for a first degree
sexual assault is a Class B felony, the penalty for a second degree sexual assault is
a Class C felony, the penalty for a third degree sexual assault is a Class G felony, and
the penalty for a fourth degree sexual assault is a Class A misdemeanor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB406,1 4Section 1. 940.225 (1) (d) of the statutes is created to read:
AB406,1,75 940.225 (1) (d) Violates sub. (2) if he or she has previously been convicted of a
6violation of this subsection or of sub. (2), (3), or (3m) or an analogous crime in another
7jurisdiction.
AB406,2
1Section 2. 940.225 (2) (k) of the statutes is created to read:
AB406,2,42 940.225 (2) (k) Violates sub. (3) if he or she has previously been convicted of a
3violation of this subsection or of sub. (1), (3), or (3m) or an analogous crime in another
4jurisdiction.
AB406,3 5Section 3. 940.225 (3) of the statutes is renumbered 940.225 (3) (intro.) and
6amended to read:
AB406,2,87 940.225 (3) Third degree sexual assault. (intro.) Whoever has does any of the
8following is guilty of a Class G felony:
AB406,2,10 9(a) Has sexual intercourse with a person without the consent of that person is
10guilty of a Class G felony. Whoever has
.
AB406,2,12 11(b) Has sexual contact in the manner described in sub. (5) (b) 2. or 3. with a
12person without the consent of that person is guilty of a Class G felony.
AB406,4 13Section 4. 940.225 (3) (c) of the statutes is created to read:
AB406,2,1614 940.225 (3) (c) Violates sub. (3m) if he or she has previously been convicted of
15a violation of this subsection or of sub. (1), (2), or (3m) or an analogous crime in
16another jurisdiction.
AB406,5 17Section 5. Initial applicability.
AB406,2,2118 (1) This act first applies to crimes committed on the effective date of this
19subsection but does not preclude the counting of other convictions as prior
20convictions for the purposes of conviction under section 940.225 (1) (d), (2) (k), or (3)
21(c) of the statutes.
AB406,2,2222 (End)
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