1969 ASSEMBLY BILL 196 --- 1969 ASSEMBLY BILL 196 --- 18 19 20 122222 1 2 3 4 5 6 11 8 9 944.0 AND DEGREE RAPE Whoever does any of the following 2 with inte to engage in sexual intercourse with a female may be impris- oned not less than 2 years nor more than 10 years. (1) Compels a female to submit to sexual intercourse by any threat that would prevent resistance by a woman of ordinary resolution; or circumstances of the alleged victim could reasonably offer to prevent penetration while avoiding serious risk of death or serious bodily injury; от (2) Has sexual intercourse with a female by threatening to inflict on her or another person imminent death, serious bodily injury or kidnapping, and she refrains from resisting because of a reasonable belief that he will carry out his threats; or (3) Has sexual intercourse with a female who is physically powerless to resist or to communicate unwillingness to an act and he knows of her condition; or (4) Has sexual intercourse with a female who is less than old, 1 10 11 12 23 (5) 24 25 26 14 years Has sexual intercourse with a female whose power to appraise or control her conduct has been substantially impaired by his action in administering or employing drugs, intoxicants, or other means for the purpose of preventing resistancept. 1 1 11 --- S 6 ques doss any alte 944.03 SECOND DEGREE RAPE. Any male who has sexual intercourse with a female he knows is not his wife may be imprisoned not more than 26 222 27 5 years 28 It as sexual intermouse with a fonale compels her to submit by any threat that would prevent resis- tance by a woman of ordinary resolution; of a female that Has ②He knows that suffers from a mental illness or defect which One 6 that renders her incapable of appraising the nature of her conduct; or Has sexual with (He knows that she is unaware that a sexual act is being committed upon her or that she submits because she falsely supposes that he is her husband. --- 944.0 FIRST DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be imprisoned not less than 5 years ne more than years: (1) Engages in deviate sexual intercourse by using force to overcome resistance at least as great as the maximum resistance a person in the circumstances of the alleged victim could reasonably offer to prevent the act while avoiding serious risk of death or serious bodily injury; or 8 9 10 11 12 13 14 15 16 17 18 19 () 20 21 22 23 Engages in deviate sexual intercourse by threatening to inflict on the alleged victim or another person imminent death, serious bodily injury or kidnapping, and the alleged victim refrains from resisting because of a reasonable belief that he will carry out his threats; or Engages in deviate sexual intercourse with a person who is physically powerless resist or to communicate unwillingness to the act and the actor knows of the other's condition; or Engages in deviate sexual intercourse with a person who is less than 14 years old, Engages in deviate sexual intercourse with another person when he has substantially impaired the other person's power to appraise or control his conduct by administering or employing drugs, intoxicants, or 4 11: 6 7 other means for the purpose of preventing resistance --- 28 29 30 1 3 5 STCORD 944.0 DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be imprisoned not less than one nor more than years: (1) Compels another person to particiapte in deviate sexual inter- course by any threat that would prevent resistance by a person of ordinary resolution; or Has deviate sexual intercourse knowing that the other person suffers from a mental disease or defect that renders him incapable of appraising the nature of his conduct; or 8 (2) 9 10 1 11 12 13 himo 14 15 Has deviate sexual intercourse knowing that the other person submits because he is unaware that a sexual act is being committed upon . 45) Has deviate sexual intercourse knowing that the other person is Tess than 17 years old and the actor is at least 4 years older. [ --- 6 1967 -6- LRB-1763 PP :2 (c) He knows that the other person submits because he is unaware 1 duct; or la 2 3 4 5 9 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 that a sexual act is being committed upon him. whoever 944.0 CORRUPTION OF MINORS AND SEDUCTION. Any małe who has sexual intercourse with a female he knows is not his wife, or a person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse may be penalized as follows if: Pod or follows (1) The other person is under the age of 18 years old and the actor The actor may be is 18 years of age or over imprisoned not more than 5 years; or, (2) The other person is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare. The actor fined not more than $1,000 or imprisoned not more than 3 years or both (3) The other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary author- ity over him; fined not more than $1,000 or imprisoned not more than 3 years or bother. the actor mig br (4) The other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform fined not more than $1,000 or imprisoned not more than 3 years or both. guel 944.04 SEXUAL ASSAULT. Any person who subjects another person he knows is not his spouse to any sexual contact is punishable for sexual assault and may be fined not more than $1,000 or imprisoned not more than 3 years or both, if: He knows that the contact is offensive to the other person; or He knows that the other person suffers from a mental illness or defect which renders him or her incapable of appraising the nature of his or her conduct; or (3) He knows that the other person is unaware that a sexual act is being committed; or 4 The other person is less than 14 years old; or (e) He has substantially impaired the other person's power to appraise --- 1967 -7- or control his conduct, by administering or employing without the other's knowledge drugs, intoxicants or other means for the purpose of prevent- ing resistance; or (The other person is less than 16 years old and the actor is 18 years of age or over; or The other person is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare; 1 2 3 4 5 6 7 or 9 10 11 12 13 14 15 The other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him. (2) Sexual contact is any touching of the sexual or other intimate parts of the person of another for the purpose of arousing or gratifying sexual desire of either party. 944.0 INDECENT SOLICITATION OF A CHILD. 16 years of Age or ho solicits a child under the age of 14 to do any act 17 18 19 27 28 29 30 24 25 26 27 2 2 2 2 223 28 29 30 61 which if done would be a sexual assault or sexual intercourse or deviate sexual conduct may be fined not more than $500 or imprisoned not more than 6 months or both If he is 17 years of age 944. INDECENT EXPOSURE. Whoever exposes his genitals, with older, the intent of arousing or gratifying his sexual desire or the sexual desire of any person other than his spouse, under circumstances in which he knows his conduct is likely to cause affront or alarm may be fined not more than $500 or imprisoned not more than one year in the county jail or both. 1944.07 PROVISIONS GENERALLY APPLICABLE TO SS. 944.01 TO 944 07. (1) Mistake as to age, Whenever, in ss. 944.01 to 944.07, the criminality of conduct depends on a child's being below the age of 14, it is no defense that the actor did not know the child's age, or reasonably believed the child to be older than 14. Notwithstanding s. 939.43, when LRB-1763 PP: :2 --- 1969 -6- LRB-157 LA:skg:1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 not less than one year nor more than 5 years. 944. 14 MISTAKE AS TO AGE. (1) Whenever in this subchapter the criminality of conduct depends on a child's being below the age of, it is no defense that the actor did not know the child's age, or reasonably 14 believed the child to be older than . (2) However, when criminality depends on the child's being below a critical age other than 1, it is a defense for the actor to prove by a preponderance of the evidence that he reasonably believed the child to be above the critical age. (3) The burden of injecting the issue of mistake is on the defendant, but this does not shift the burden of proof. For this purpose the defendant may introduce any relevant evidence of the female's previous experience in, or knowledge of, sexual matters. SECTION 8.944.13 and 944.14 of the statutes are created to read: 944. PROMPT COMPLAINT. No prosecution may be instituted under this subchapter unless the alleged offense was brought to the notice of public authority within months of its occurrence or, where the alleged victim was less than 18 years old or otherwise incompetent to make com- plaint, within months after a parent, guardian or other competent person specially interested in the victim learns of the offense. 944 CORROBORATION. No person shall be convicted of any felony under this subchapter upon the uncorroborated testimony of the alleged victim. Corroboration may be circumstantial. In any prosecution before a jury for an offense under this subchapter, the jury shall be instructed to evaluate the testimony of a victim or complaining witness with special care in view of the emotional involvement of the witness and the difficulty of determining the truth with respect to alleged sexual activities carried out in private. SECTION 9. Subchapter III (title) of chapter 944 of the statutes is created to read: --- Sex crimes For (s) (A) - Date rec'd Special instructions: REQUEST SHEET 8/20/68 1st 2nd 3:4 4th LA Draftsmans Typist: Proofed Submitted: el mg sdg MV/MJG mg pla 993-48 1-15-19 1-23-69 #||| Delivered: 2-262 LED-282 Reviewed by abril 196 Fiscal Mote Datas F Required: Yes - 2nd draft: Yes Submitted to Bur. of Mgt. FN Submitted Remarks: Supplemental information: (Note date and each new instruction) MROLLING Padts. adopted Date Draftsmen Proofed (Use reverse side if additional space is needed for instructions) ECEIVED Final Draft: log a. Barkee (Apent) L3B-D-64-5 --- (S) (A) DRAFTING REQUEST LRB Date rec'd 287 8/20/68 Wanted Subject (Bill) (Jt.Res.) (Res.) (Sub.Amdt.) (Amdt.) Sax Crimes For Baile (Member) (Committee) Representing Instructions by him. In (Draft) (Written) (Oral) form, by - Index under: Crimes No. extra copies: (Telephone) (Personally) (Letter) Contact FN Required INSTRUCTIONS Send out 678 clear Criminal law Consent. г up Sex 18year age for -ipsal abortion law in this act. Received by Assign to Copies to LA LA Signature Barbe (Requestor) LRB-D-66-4 --- LRB 582 AN ACT to repeal 9100918) 240 V to renumber 940. (0.04) (2) (3) (41) ad (6) and 493.15 to renumber and amend to amend is sement to repeal and recreate Chapter 94% Chapl-, 904.40 (Errept 9414, 40 (1), (2), (3), (4) and (2) ; and to create 949.15(1)(0) of the statutes, relating to Mes penalties Cacility and provedeny Analysis by the Legislative Reference Bureau (See reverse side of this form) The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. LRB-D-67-la --- This bill proneses criminal renalties for certain nonconsentual sexual acts. These acts include rane, solomy, sexual assault, corruption of minors and seducti on, indecent soliciation of a child/ and indecent exposure. This bill defines sexual intercourse, deviate sexual intercourse, a sexual contact and female in relation to these criminal renalties. The renalties provided for criminal nonconsentual acts derend on circumstances that are described in this bill. The defense of mistake as to age or reasonable belief as to age is not. an licable when the offense is against a child that is not YY 14 years of age. The defense does exist if the victim is over 14 but the burden of proving this defense is on the defendent. Any conviction for criminal no consentual acts must be on the basis of corroborated testimony. The time for bringing a prosecution for criminal nonconsentual sexual acts is limited to 6 months after the occurrence of the act or if the victim is less than 18 years of age 6 months after a parent or other competent person learns of the offense, and other cines Provides Her in relation to, sexual crimes, which a marriage dissolved, In addition this bill proposes to make the following changes in the family: The actival face of Shemales 1) *f***e Defenses to, bigamy reasonable belief prion srouse dead, absence of prior spouse for 5 years and reasonable belief of legal eligibility to remarry. 2) Incest relationshi / einer to include blood relationships without regard to legitimacy and relationship of parent and child by adoption. 3) Makes persistert nonsupport a crime punishable by fine or imprisonment. 4) Provides a fine and imprisionment for onen lewdness. 5) Defines sexual activity, house of prostitution, inmate of a Иose house of postitution and public place in relation to a revised law makip restitutions the promotion of postitution a criminal offense. 1 Some of the things that constitute prostitution and promotion of prostitution are Enelled out. 6) Exrands the definition of therapeutic abortions (which are legal) to include cases where the //// physical or mental health of the mother is a gravely impaired, or the child would be casss where born with grave physical or mental defect or the pregnancy resulted from rane, incest or other felo ious intercourse. 7) Makes violating a duty of care, rotection or sunrort of a child a crime 4. Caels wher --- This bill proneses criminal renalties for certain nonconsentual sexual acts. These acts include rane, solomy, sexual assault, corruption of minors and seducti on, indecent soliciation of a child/ and indecent exposure. This bill defines sexual intercourse, deviate sexual intercourse, a sexual contact and female in relation to these criminal renalties. The renalties provided for criminal nonconsentual acts derend on circumstances that are described in this bill. The defense of mistake as to age or reasonable belief as to age is not. an licable when the offense is against a child that is not YY 14 years of age. The defense does exist if the victim is over 14 but the burden of proving this defense is on the defendent. Any conviction for criminal no consentual acts must be on the basis of corroborated testimony. The time for bringing a prosecution for criminal nonconsentual sexual acts is limited to 6 months after the occurrence of the act or if the victim is less than 18 years of age 6 months after a parent or other competent person learns of the offense, and other cines Provides Her in relation to, sexual crimes, which a marriage dissolved, In addition this bill proposes to make the following changes in the family: The actival face of Shemales 1) *f***e Defenses to, bigamy reasonable belief prion srouse dead, absence of prior spouse for 5 years and reasonable belief of legal eligibility to remarry. 2) Incest relationshi / einer to include blood relationships without regard to legitimacy and relationship of parent and child by adoption. 3) Makes persistert nonsupport a crime punishable by fine or imprisonment. 4) Provides a fine and imprisionment for onen lewdness. 5) Defines sexual activity, house of prostitution, inmate of a Иose house of postitution and public place in relation to a revised law makip restitutions the promotion of postitution a criminal offense. 1 Some of the things that constitute prostitution and promotion of prostitution are Enelled out. 6) Exrands the definition of therapeutic abortions (which are legal) to include cases where the //// physical or mental health of the mother is a gravely impaired, or the child would be casss where born with grave physical or mental defect or the pregnancy resulted from rane, incest or other felo ious intercourse. 7) Makes violating a duty of care, rotection or sunrort of a child a crime 4. Caels wher --- ervers 1967 -3- LRB-1763 PP: :2 2 3 4 5 6 The people of the state of Wisconsin, represented in senate and as- sembly, do enact as follows: com (SECTION 1. 1959.22 (21) of the statute) is repeated and recreated to read: 939 22 (24) "Place of prostitution means any place where prostite tion de promotion of prostitution regularly carried on, under the control, menagement or supervision of aflothes. SECTION 940.04 (1), (2), (3), (4) and (6) of the statutes are re- numbered 944.0 (1), (2), (3), (4) and (6), respectively. SECTION 940.04 (5) of the statutes is repealed. SECTION 3. Chapter 944 of the statutes is repealed and recreated Except 944. 40 (1),(2), (3), (D) and techn CHAPTER 944. CRIMES AGAINST SEXUAL MORALITY 8 9 10 11 12 to read: 13 14 15 16 944.01 17 944.02 18 944.03 19 944.04 Sexual assault. 20 944.05 Indecent solicitation of a child. 21 944.06 Indecent exposure. 22 944.07 SEXUAL CRIMES Rape and related offenses. Deviate sexual intercourse by force or imposition. Corruption of minors and seduction. 22 23 27 28 2 2 2 2 2 2 Provisions generally applicable to ss. 944.01 to 944.07. SEXUAL CRIMES WHICH AFFECT THE FAMILY. 24 944.08 Bigamy. 25 944.09 Incest. 26 944.11 944.10 Abortion. Contributing to the delinquency or endangering welfare of chil- dren; neglect, neglect contributing to death. 29 944.12 Persistent nonsupport. --- 1969 -2- LRB-157 LA:skg:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 8 19 20 21 22 23 24 25 26 22 27 The people of the state of Wisconsin, represented in senate and as- sembly, do enact as follows: SECTION 1. The titles preceding 944.01, 944.05 and 944.10 of the statutes are repealed. SECTION 2 Subchapter I (title) of chapter 944 of the statutes is created to read: ✓ SECTION SUBCHAPTER I. SEXUAL CRIMES, WITHOUT CONSENT. (to precede 944.01) SECTION 3. 944.01 and 944.02 of the statutes are repeated and re- Created to read: 944.01 DEFINITIONS. In this subchapter: (1) "Sexual intercourse" means genital copulation and occurs upon any penetration, however slight; emmission is not required. (2) "Deviate sexual intercourse" means any act of sexual gratification between persons not married to each other, involving the sex organs of one person and the mouth or anus of another. (3) "Sexual contact" means any touching of the genitalia of a person not married to the actor, done for the purpose of gratifying sexual desire of either party. (4) "Female" means any female who is not married to the actor. Persons living together as man and wife are married for purposes of this subchapter, regardless of the legal status of their relationship other wise. Spouses living apart under a decree of judicial separation are not married to one another for purposes of this subchapter. 944.02 FIRST DEGREE RAPE. Whoever does any of the following with intent to engage in sexual intercourse with a female may be impris- NO wot less than 10 years nor more than 30 years unless serious bodily injury is inflicted on someone, or the victim was a voluntary social companion and/ad/revious upon the occasion of the crime and had previously permitted the attacker sexual liberties in 2 which case ce may be not less than 3 nor more than 10 years. th --- 18 69 19 20 21 22 1 2 3 4 5 6 11 7 8 9 944.03 DEGREE RAPE DEGREE RAPE Whoever does any of the following with inte to engage in sexus intercourse with a ferpele may be impris- oned not less than 2 years nor more than 10 years. (1) Compels a female to submit to sexual intercourse by any threat that would prevent resistance by a woman of ordinary resolution; or circumstances of the alleged victim could reasonably offer to prevent penetration while avoiding serious risk of death or serious bodily injury; от (2) Has sexual intercourse with a female by threatening to inflict on her or another person imminent death, serious bodily injury or kidnapping, and she refrains from resisting because of a reasonable belief that he will carry out his threats; or (3) Has sexual intercourse with a female who is physically powerless to resist or to communicate unwillingness to an act and he knows of her condition; or (4) Has sexual intercourse with a female who is less than 10 11 12 old, 1 23 (5) * 24 25 26 years Has sexual intercourse with a female whose power to appraise or control her conduct has been substantially impaired by his action in administering or employing drugs, intoxicants, or other means for the purpose of preventing resistance on 1 11 ---