This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-3346/1
MLJ:jld&kjf
2017 - 2018 LEGISLATURE
June 30, 2017 - Introduced by Representatives Sargent, Genrich, Sinicki,
Spreitzer, Considine, Berceau, Zepnick, Ohnstad and Zamarripa,
cosponsored by Senators Wirch, Larson and Risser. Referred to Committee
on Criminal Justice and Public Safety.
AB425,1,3 1An Act to renumber 940.225 (4) (b) and 940.225 (4) (c); to renumber and
2amend
940.225 (4) (intro.); and to create 940.225 (4) (d) and 940.225 (5) (cm)
3of the statutes; relating to: the definition of consent in sexual assault cases.
Analysis by the Legislative Reference Bureau
This bill modifies the definition of “consent” for sexual assault. Under the bill,
if an actor removes a sexually protective device such as a condom before or during
sexual intercourse or other sexual contact without his or her partner's permission,
there has been no valid consent to that sexual act.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB425,1 4Section 1. 940.225 (4) (intro.) of the statutes is renumbered 940.225 (4) (a) and
5amended to read:
AB425,1,86 940.225 (4) (a) “Consent", ,” as used in this section, means words or overt
7actions by a person who is competent to give informed consent indicating a freely
8given agreement to have sexual intercourse or sexual contact.
AB425,2,2
1(e) Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h),
2and (i).
AB425,2,5 3(f) The following persons are presumed incapable of consent but the
4presumption may be rebutted by competent evidence, subject to the provisions of s.
5972.11 (2):
AB425,2 6Section 2. 940.225 (4) (b) of the statutes is renumbered 940.225 (4) (f) 1.
AB425,3 7Section 3. 940.225 (4) (c) of the statutes is renumbered 940.225 (4) (f) 2.
AB425,4 8Section 4. 940.225 (4) (d) of the statutes is created to read:
AB425,2,139 940.225 (4) (d) If a person freely agrees to have sexual intercourse or sexual
10contact with another person on the condition that a sexually protective device is
11used, and that other person intentionally removes or damages the sexually
12protective device without permission before or during sexual intercourse or sexual
13contact, there has been no valid consent.
AB425,5 14Section 5. 940.225 (5) (cm) of the statutes is created to read:
AB425,2,1715 940.225 (5) (cm) “Sexually protective device” means a male or female condom,
16spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or any other
17physical device intended to prevent pregnancy or sexually transmitted infection.
AB425,2,1818 (End)
Loading...
Loading...