948.31 HistoryHistory: 1987 a. 332; 1989 a. 31, 56, 107; 1993 a. 302; 1995 a. 27 ss. 7237, 9126 (19); 1995 a. 77; 1997 a. 290; 2001 a. 109; 2005 a. 130; 2005 a. 443 s. 265; 2007 a. 20.
948.31 AnnotationDiscussing “imminent physical harm” under sub. (4). State v. McCoy, 143 Wis. 2d 274, 421 N.W.2d 107 (1988).
948.31 AnnotationWhen a mother had agreed to the father’s taking their child on a camping trip, but the father actually intended to permanently take, and did abscond to Canada with, the child, the child was taken based on the mother’s “mistake of fact,” which under s. 939.22 (48) rendered the taking of the child “without consent.” State v. Inglin, 224 Wis. 2d 764, 592 N.W.2d 666 (Ct. App. 1999), 97-3091.
948.31 AnnotationIn sub. (2), “takes away” a child refers to the defendant removing the child from the parents’ possession, which suggests physical manipulation or physical removal. “Causes to leave” in sub. (2) means being responsible for a child abandoning, departing, or leaving the parents, which suggests some sort of mental, rather than physical, manipulation. State v. Samuel, 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565, 99-2587.
948.31 AnnotationReversed on other grounds. 2002 WI 34, 252 Wis. 2d 26, 643 N.W.2d 423, 99-2587.
948.31 AnnotationThe common law affirmative defense of fraud is not applicable to this section. The circuit court properly prevented the defendant from collaterally attacking the underlying custody order despite the defendant’s allegations that it was obtained by fraud. State v. Campbell, 2006 WI 99, 294 Wis. 2d 100, 718 N.W.2d 649, 04-0803.
948.31 AnnotationFor a violation of the “withholds a child for more than 12 hours” provision of sub. (2), the state must prove three elements: 1) on the date of the alleged offense, the child was under the age of 18 years; 2) the defendant withheld the child for more than 12 hours from the child’s parents; and 3) the child’s parents did not consent. There is no requirement that the state prove that the defendant had the parents’ initial permission to take the child. State v. Ziegler, 2012 WI 73, 342 Wis. 2d 256, 816 N.W.2d 238, 10-2514.
948.40948.40Contributing to the delinquency of a child.
948.40(1)(1)No person may intentionally encourage or contribute to the delinquency of a child. This subsection includes intentionally encouraging or contributing to an act by a child under the age of 10 which would be a delinquent act if committed by a child 10 years of age or older.
948.40(2)(2)No person responsible for the child’s welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child. This subsection includes disregard that contributes to an act by a child under the age of 10 that would be a delinquent act if committed by a child 10 years of age or older.
948.40(3)(3)Under this section, a person encourages or contributes to the delinquency of a child although the child does not actually become delinquent if the natural and probable consequences of the person’s actions or failure to take action would be to cause the child to become delinquent.
948.40(4)(4)A person who violates this section is guilty of a Class A misdemeanor, except:
948.40(4)(a)(a) If death is a consequence, the person is guilty of a Class D felony; or
948.40(4)(b)(b) If the child’s act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class H felony.
948.40 HistoryHistory: 1987 a. 332; 1989 a. 31; 1995 a. 77; 2001 a. 109.
948.40 AnnotationThe punishments for first-degree reckless homicide by delivery of a controlled substance under s. 940.02 (2) (a) and contributing to the delinquency of a child with death as a consequence in violation of subs. (1) and (4) (a) are not multiplicitous when both convictions arise from the same death. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
948.40 AnnotationSub. (1) proscribes contributing to the delinquency of any child under the age of 18. The definition of “child” in s. 948.01 (1) excludes those over 17 only for the “purposes of prosecuting” a person charged with violating this section and not that person’s victim. State v. Patterson, 2010 WI 130, 329 Wis. 2d 599, 790 N.W.2d 909, 08-1968.
948.45948.45Contributing to truancy.
948.45(1)(1)Except as provided in sub. (2), any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under is guilty of a Class C misdemeanor.
948.45(2)(2)Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26 (1) (h).
948.45(3)(3)An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.
948.45 HistoryHistory: 1987 a. 285; 1989 a. 31 s. 2835m; Stats. 1989 s. 948.45; 1995 a. 27.
948.50948.50Strip search by school employee.
948.50(1)(1)The legislature intends, by enacting this section, to protect pupils from being strip searched. By limiting the coverage of this section, the legislature is not condoning the use of strip searches under other circumstances.
948.50(2)(2)In this section:
948.50(2)(am)(am) “Private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
948.50(2)(av)(av) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), which provides an educational program for one or more grades between kindergarten and grade 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school, or high school.
948.50(2)(b)(b) “Strip search” means a search in which a person’s private area is uncovered and either is exposed to view or is touched by a person conducting the search.
948.50(3)(3)Any official, employee or agent of any school or school district who conducts a strip search of any pupil is guilty of a Class B misdemeanor.