AB1163: Bill Text

AB1163,,108 948.60 (2) (d) A person under 17 years of age child who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB1163,50 Section 50. 948.61 (4) of the statutes is amended to read:

AB1163,,110 948.61 (4) A person under 17 years of age child who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB1163,51 Section 51. 961.455 (title) of the statutes is amended to read:

AB1163,,112 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB1163,52 Section 52. 961.455 (1) of the statutes is amended to read:

AB1163,,114 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

AB1163,53 Section 53. 961.455 (2) of the statutes is amended to read:

AB1163,,116 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

AB1163,54 Section 54. 961.46 of the statutes is amended to read:

AB1163,,118 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB1163,55 Section 55. 961.573 (2) of the statutes is amended to read:

AB1163,,120 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1163,56 Section 56. 961.574 (2) of the statutes is amended to read:

AB1163,,122 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1163,57 Section 57. 961.575 (1) of the statutes is amended to read:

AB1163,,124 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1163,58 Section 58. 961.575 (2) of the statutes is amended to read:

AB1163,,126 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB1163,59 Section 59. 961.575 (3) of the statutes is amended to read:

AB1163,,128 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB1163,60 Section 60. 990.01 (3) of the statutes is amended to read:

AB1163,,130 990.01 (3) Adult. “Adult” means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained the age of 17 years.

AB1163,61 Section 61. 990.01 (20) of the statutes is amended to read:

AB1163,,132 990.01 (20) Minor. “Minor” means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor” does not include a person who has attained the age of 17 years.

AB1163,62 Section 62. Initial applicability.

AB1163,,134 (1) This act first applies to a violation of a criminal law, civil law, or municipal ordinance allegedly committed on the effective date of this subsection.

AB1163,63 Section 63. Effective date.

AB1163,,136 (1) This act takes effect on the day after publication, or the 2nd day after publication of the 2023 biennial budget, act whichever occurs later.

AB1163,,137 (end)