In this chapter, the following words and phrases have the designated meanings unless the context of a specific section
manifestly requires a different construction:
(1) “Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.
(1d) “Exhibit,” with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.
(1g) “Joint legal custody” has the meaning given in s. 767.001
(1r) “Legal custody” has the meaning given in s.767.001 (2).
(2) “Mental harm” means substantial harm to a child’s psychological or intellectual functioning which may be evidenced by a substantial degree of certain characteristics of the child including, but not limited to, anxiety, depression, withdrawal or outward aggressive behavior. “Mental harm” may be demonstrated by a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child’s age and stage of development.
(3) “Person responsible for the child’s welfare” includes the child’s parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution or agency; other person legally responsible for the child’s welfare in a residential setting; or a person employed by one legally responsible for the child’s welfare to exercise temporary control or care for the child.
(3m) “Physical placement” has the meaning given in 767.001 (5).
(3r) “Recording” includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.
(4) “Sadomasochistic abuse” means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.
(5) “Sexual contact” means any of the following:
(a) Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant’s or defendant’s intimate parts if that intentional touching is either for the purpose of sexually degrading degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant.
(b) Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant upon any
part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.
(6) “Sexual intercourse” means vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by the defendant or upon the defendant’s instruction. The emission of semen is not required.
(7) “Sexually explicit conduct” means actual or simulated:
(a) Sexual intercourse, meaning vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by a person or upon the person’s instruction. The emission of semen is not required;
(d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or
(e) Lewd exhibition of intimate parts.
948.02 Sexual assault of a child. (1)
FIRST DEGREE SEXUAL ASSAULT.
Whoever has sexual contact or sexualintercourse with a person who has not attained the age of 13 years is guilty of
a Class B felony.
SECOND DEGREE SEXUAL ASSAULT.
Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.
FAILURE TO ACT. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a
Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking style=”mso-spacerun: yes”> action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other
person or facilitates the intercourse or contact that does occur between the child and the other person.
MARRIAGE NOT A BAR TO PROSECUTION.
A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.
DEATH OF VICTIM.
This section applies whether a victim is dead or alive at the time of the sexual contact or sexual
948.055 Causing a child to view or listen to sexual
Whoever intentionally causes a child who has not attained 18 years of age to view or listen to sexually explicit conduct may be penalized as provided in sub. (2) if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child. (
2) Whoever violates sub. (1) is guilty of:
(a) A Class F felony if the child has not attained the age of 13 years.
(b) A Class H felony if the child has attained the age of 13 years but has not attained the age of 18 years.
948.07 Child enticement.
Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class D felony:
Having sexual contact or sexual intercourse with the child in violation of s. 948.02 or 948.095.
(2) Causing the child to engage in prostitution.
Exposing a sex organ to the child or causing the child to expose a sex organ in violation of s. 948.10.
Recording the child engaging in sexually explicit conduct.
Causing bodily or mental harm to the child.
Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 961.
948.075 Use of a computer to facilitate a child sex
Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason
to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class D felony.
(2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.
(3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor’s intent under sub. (1) shall be necessary to prove that intent.
948.09 Sexual intercourse with a child age 16 or older.
Whoever has sexual intercourse with a child who is not the defendant’s spouse and who has attained the age of 16 years is
guilty of a Class A misdemeanor.