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Date of enactment: April 6, 2006
2005 Senate Bill 349 Date of publication*: April 19, 2006
* Section 991.11, Wisconsin Statutes 2003-04 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2005 WISCONSIN ACT 274
An Act to amend 948.095 (title); and to create 948.095 (3) of the statutes; relating to: sexual contact or sexual intercourse involving a 16- or 17-year-old and a person who works or interacts with him or her through the person's occupation or a volunteer position and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
274,1 Section 1. 948.095 (title) of the statutes is amended to read:
948.095 (title) Sexual assault of a student child by a school instructional staff person or a person who works or volunteers with children.
274,2 Section 2. 948.095 (3) of the statutes is created to read:
948.095 (3) (a) A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person's spouse, and with whom the person works or interacts through that occupation or volunteer position.
(b) Whoever violates par. (a) is guilty of a Class H felony.
(c) Paragraph (a) does not apply to an offense to which sub. (2) applies.
(d) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children: teaching children, child care, youth counseling, youth organization, coaching children, parks or playground recreation, or school bus driving.
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