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LRB-3361/1
CMH:kjf&amn
2017 - 2018 LEGISLATURE
June 29, 2017 - Introduced by Representatives Kleefisch, Kessler, Duchow,
Felzkowski, Ballweg, Berceau, Bernier, Born, Bowen, Brandtjen,
Brostoff, Crowley, Edming, Goyke, Hebl, Hintz, Horlacher, Hutton,
Jagler, Jarchow, Knodl, Kooyenga, Krug, Kuglitsch, Milroy, Neylon,
Novak, Ohnstad, Petersen, Pope, Quinn, Sinicki, Snyder, Swearingen,
Tauchen, Tittl, Tranel, Vorpagel, Weatherston and Zepnick, cosponsored
by Senators Wanggaard, L. Taylor, Johnson, Harsdorf and Petrowski.
Referred to Committee on Criminal Justice and Public Safety.
AB414,1,5 1An Act to renumber 301.45 (1m) (a) 1., 1g., 2. and 3.; to renumber and amend
2940.225 (3); to amend 301.45 (1m) (a) (intro.), 301.45 (1m) (e) (intro.), 948.02
3(2) and 948.09; and to create 301.45 (1m) (a) 1m. (intro.), 301.45 (1m) (a) 2m.
4and 948.093 of the statutes; relating to: underage sexual activity and
5providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill creates the offense of underage sexual activity. Under current law, a
person who has sexual intercourse or sexual contact with a child who is at least 13
but under 16 is guilty of a Class C felony. Under this bill, a person who has sexual
intercourse with a child who is between 15 and 18, or sexual contact with a child who
is 15, is guilty of a Class A misdemeanor if the person is less than 19 years old. Under
current law, a person may be required to register as a sex offender for certain crimes
that are sexually motivated if the judge determines that it would be in the interest
of public protection to have the person register. Under this bill, the new offense of
underage sexual activity would be subject to this provision. This bill does not affect
crimes involving sexual contact or intercourse by use or threat of force or violence.
Current law provides exceptions to the requirement to register as a sex offender
if the offender commits sexual assault of a child, repeated sexual assault of a child,
or sexual assault of a child in substitute care and the court makes certain findings
(commonly known as the Romeo and Juliet exceptions). For instance, the court must
find that the person had not attained the age of 19 years and was within four years

of the age of the victim. This bill adds specific acts of third-degree sexual assault to
the list of offenses eligible for the exception if the actor is under the age of 19 and the
victim is at least 15.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB414,1 1Section 1. 301.45 (1m) (a) (intro.) of the statutes is amended to read:
AB414,2,32 301.45 (1m) (a) (intro.) A person is not required to comply with the reporting
3requirements under this section if all any of the following apply applies:
AB414,2 4Section 2. 301.45 (1m) (a) 1., 1g., 2. and 3. of the statutes are renumbered
5301.45 (1m) (a) 1m. a., b., c. and d.
AB414,3 6Section 3. 301.45 (1m) (a) 1m. (intro.) of the statutes is created to read:
AB414,2,77 301.45 (1m) (a) 1m. (intro.) All of the following apply:
AB414,4 8Section 4. 301.45 (1m) (a) 2m. of the statutes is created to read:
AB414,2,99 301.45 (1m) (a) 2m. All of the following apply:
AB414,2,1110 a. The person meets the criteria under sub. (1g) (a) based on a violation, or on
11the solicitation, conspiracy or attempt to commit a violation, of s. 940.225 (3) (a).
AB414,2,1412 b. At the time of the violation, or of the solicitation, conspiracy or attempt to
13commit the violation, of s. 940.225 (3) (a), the person had not attained the age of 19
14years and the victim had attained the age of 15 years.
AB414,2,1615 c. It is not necessary, in the interest of public protection, to require the person
16to comply with the reporting requirements under this section.
AB414,5 17Section 5. 301.45 (1m) (e) (intro.) of the statutes is amended to read:
AB414,3,418 301.45 (1m) (e) (intro.) At the hearing held under par. (bm), the person who
19filed the motion under par. (b) or s. 51.20 (13) (ct) 2m., 938.34 (15m) (bm), 971.17 (1m)

1(b) 2m. or 973.048 (2m) has the burden of proving by clear and convincing evidence
2that he or she satisfies the criteria specified in par. (a). In deciding whether the
3person has satisfied the criterion specified in par. (a) 3. 1m. d. or 2m. c., the court may
4consider any of the following:
AB414,6 5Section 6. 940.225 (3) of the statutes is renumbered 940.225 (3) (a) and
6amended to read:
AB414,3,87 940.225 (3) (a) Whoever has sexual intercourse with a person without the
8consent of that person is guilty of a Class G felony.
AB414,3,10 9(b) Whoever has sexual contact in the manner described in sub. (5) (b) 2. or 3.
10with a person without the consent of that person is guilty of a Class G felony.
AB414,7 11Section 7. 948.02 (2) of the statutes is amended to read:
AB414,3,1412 948.02 (2) Second degree sexual assault. Whoever has sexual contact or
13sexual intercourse with a person who has not attained the age of 16 years is guilty
14of a Class C felony. This subsection does not apply if s. 948.093 applies.
AB414,8 15Section 8. 948.09 of the statutes is amended to read:
AB414,3,19 16948.09 Sexual intercourse with a child age 16 or older. Whoever has
17sexual intercourse with a child who is not the defendant's spouse and who has
18attained the age of 16 years is guilty of a Class A misdemeanor if the defendant has
19attained the age of 19 years when the violation occurs
.
AB414,9 20Section 9. 948.093 of the statutes is created to read:
AB414,3,25 21948.093 Underage sexual activity. Whoever has sexual contact with a child
22who has attained the age of 15 years but has not attained the age of 16 years, or
23whoever has sexual intercourse with a child who has attained the age of 15 years, is
24guilty of a Class A misdemeanor if the actor has not attained the age of 19 years when
25the violation occurs. This section does not apply if the actor is the child's spouse.
AB414,10
1Section 10. Initial applicability.
AB414,4,42 (1) The treatment of sections 301.45 (1m) (a) (intro.), 1., 1g., 1m. (intro.), 2., 2m.,
3and 3. and (e) (intro.) and 940.225 (3) of the statutes first applies to motions filed on
4the effective date of this subsection.
AB414,4,55 (End)
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