1967. -9- 1 2 SUBCHAPTER? ㅍ. SEXUAL CRIMES WHICH AFFECT THE FAMILY. 944. 5 ó 7 BIGAMY. (1) Whoever does any of the following may be fined not more than $1,000 or imprisoned not more than 5 years or both: (a) Contracts a marriage in this state with knowledge that his prior marriage is not dissolved; or 8 9 LRB - 1763 PP: :2 10 (b) Contracts a marriage in this state with knowledge that the prior marriage of the person he marries is not dissolved; or (c) Cohabits in this state with a person whom he married outside this state with knowledge that his own prior marriage had not been dis- solved or with knowledge that the prior marriage of the person he married had not been dissolved. 11 12 13 14 15 16 (3) It shall be an affirmative defense to bigamy that: 17 (2) In this section "cohabit" means to live together under the repre- sentation or appearance of being married. 22 19 20 21 22 25 (a) The prior marriage was dissolved by divorce or annulment; or (b) The accused reasonably believed the prior spouse to be dead; or (c) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or (d) The accused reasonably believed that he was legally eligible to remarry. al 944INCEST. Whoever knowingly marries or has nonmarital sexual intercourse or performs an act of deviate sexual conduct with a person he knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state may be imprisoned not more than 10 years. The rela- tionships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption. --- 1967 - 10 - LRB-1763 PP: :2 234 5 6 7 8 9 10 11 12 13 14 => 944. whose PERSISTENT NONSUPPORT. Any person may be fined not more than $500 or imprisoned not more than one year in the county jail or both the persistently fails to provide support (which he can provide and) which he knows he is legally obliged to provide to a spouse, child or other dependent 28' 944. PUBLIC INDECENCY aver OPEN LEWDNESS. A person who does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed may be fined not more than $500 or imprisoned in the county jail not more than one year or both. ✓ PROSTITUTION. Any person 944. PROSTITUTION AND RELATED OFFENSES. who intentionally does any of the following may be fined not more than $500 or imprisoned not more than 2 years or both: (a) Is an inmate of a house of prostitution or otherwise engages in 15 sexual activity as a business; or 16 17 18 19 (b) Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. DEFINITIONS INs this section: "Sexual activity" includes homosexual and other deviate sexual relations. A "house of prostitution" is any place where prostitution or 20 promotion of prostitution is regularly carried on by one person under the 21 628222 223 22 2 2 2 2 3 24 25 26 27 28 29 control, management or supervision of another An "inmate" is a person who engages in prostitution in or through the agency of a house of prosti- tution. Public place" means any place to which the public or any sub- stantial group thereof has access. PROMOTION AF PROSTITUTION. (3) Whoever knowingly promotes prostitution of another under any A of the following circumstances may be imprisoned not more than 5 years: thom pill (1) Commits an offense under sub. (s) (a), (b) or (e). insuta from (page 1) Compels another to engage in or promote prostitution; or Promotes prostitution of a child under 18, whether or not he is as to aware of the child's age; or. Mistake. 30 This pa age is not a defense under this paragraph. --- 1969 -5- LRB-282 LA:el:1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 from a mental disease or defect that renders him incapable of appraising the nature of his conduct; or (3) Has deviate sexual intercourse knowing that the other person sub- mits because he is unaware that a sexual act is being committed upon him. 944.06 CORRUPTION OF MINORS AND SEDUCTION. Whoever has sexual intercourse with a female or whoever engages in deviate sexual in- tercourse or causes another to engage in deviate sexual intercourse may be fined or imprisoned as follows if: (1) The other person is under the age of 18 years old and the actor is 18 years of age or over. The actor may be imprisoned not more than 5 years. (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 may be 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 authority 18 over him. The actor may be fined not more than $1,000 or imprisoned 19 20 21 628222222222223 24 25 27 29 30 not more than 3 years or both. (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. The actor may be fined not more than $1,000 or imprisoned not more than 3 years or both. 944.07 SEXUAL ASSAULT. Whoever subjects another person he knows is not his spouse to any sexual contact may be fined not more than $1,000 or imprisoned not more than 3 years or both, if: (1) He knows that the contact is offensive to the other person; or (2) 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 --- 1969 -6- LRB-282 LA:el: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 24 1222222222223 25 26 27 28 29 30 (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 (5) He has substantially impaired the other person's power to appraise 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 (6) The other person is less than 16 years old and the actor is 18 years of age or over; or (7) The other person is less than 21 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare; or (8) 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. 944.08 INDECENT SOLICITATION OF A CHILD. Whoever solicits a child under the age of 14 to do any act 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 or older. 944.09 INDECENT EXPOSURE. Whoever exposes his genitals, with 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. 944.10 MISTAKE AS TO AGE. (1) Whenever in this subchapter 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. (2) However, when criminality depends on the child's being below --- 1969 -7- LRB-282 LA:el: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 a critical age other than 14, 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. 944.11 PROMPT COMPLAINT. No prosecution may be instituted un- der this subchapter unless the alleged offense was brought to the notice of public authority within 6 months of its occurrence or, where the alleged victim was less than 18 years old or otherwise incompetent to make com- plaint, within 6 months after a parent, guardian or other competent per- son specially interested in the victim learns of the offense. 944.12 CORROBORATION. No person shall be convicted of any felony under this subchapter upon the uncorroborated testimony of the alleged vic- tim. Corroboration may be circumstantial. In any prosecution before a 17 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. 18 19 20 1222222222223 24 25 26 SUBCHAPTER II. SEXUAL CRIMES WHICH AFFECT THE FAMILY. 944.25 BIGAMY. (1) Whoever does any of the following may be fined not more than $1,000 or imprisoned not more than 5 years or both: (a) Contracts a marriage in this state with knowledge that his prior 27 marriage is not dissolved; or 28 29 30 (b) Contracts a marriage in this state with knowledge that the prior marriage of the person he marries is not dissolved; or (c) Cohabits in this state with a person whom he married outside this --- 1969 -7- LRB-282 LA:el: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 26222222222223 a critical age other than 14, 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. 944.11 PROMPT COMPLAINT. No prosecution may be instituted un- der this subchapter unless the alleged offense was brought to the notice of public authority within 6 months of its occurrence or, where the alleged victim was less than 18 years old or otherwise incompetent to make com- plaint, within 6 months after a parent, guardian or other competent per- son specially interested in the victim learns of the offense. 944.12 CORROBORATION. No person shall be convicted of any felony under this subchapter upon the uncorroborated testimony of the alleged vic- tim. 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. 24 25 27 SUBCHAPTER II. SEXUAL CRIMES WHICH AFFECT THE FAMILY. 944.25 BIGAMY. (1) Whoever does any of the following may be fined not more than $1,000 or imprisoned not more than 5 years or both: (a) Contracts a marriage in this state with knowledge that his prior marriage is not dissolved; or 28 (b) Contracts a marriage in this state with knowledge that the prior 29 marriage of the person he marries is not dissolved; or 30 (c) Cohabits in this state with a person whom he married outside this --- 1969 LRB-282 LA:el:1 (a) The prior marriage was dissolved by divorce or annulment; or (b) The accused reasonably believed the prior spouse to be dead; or (c) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or 1 2 3 4 5 state with knowledge that his own prior marriage had not been dissolved or with knowledge that the prior marriage of the person he married had not been dissolved. (2) In this section "cohabit" means to live together under the repre- sentation or appearance of being married. 6 (3) It shall be defense to bigamy that: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 22222222222 25 26 27 28 29 30 (d) The accused reasonably believed that he was legally eligible to remarry. 944.26 INCEST. Whoever knowingly marries or has nonmarital sex- ual intercourse or performs an act of deviate sexual conduct with a per- son he knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state may be imprisoned not more than 10 years. The relationships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption. 944.27 PERSISTENT NONSUPPORT. Whoever persistently fails to provide support (which he can provide and) which he knows he is legally obliged to provide to a spouse, child or other dependent may be fined not more than $500 or imprisoned not more than one year in the county jail or both. 944.28 OPEN LEWDNESS. Whoever does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed may be fined not more than $500 or imprisoned in the county jail not more than one year or both. 944.29 PROSTITUTION AND RELATED OFFENSES. (1) DEFINITIONS. --- 1969 -9- LRB-282 LA:el: 1 (a) "Sexual activity" includes homosexual and other deviate sexual relations. (b) A "house of prostitution" is any place where prostitution or pro- motion of prostitution is regularly carried on by one person under the con- trol, management or supervision of another. (c) An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution. 1 In this section: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 56 16 17 18 19 (d) "Public place" means any place to which the public or any sub- stantial group thereof has access. (2) PROSTITUTION. Whoever intentionally does any of the following may be fined not more than $500 or imprisoned not more than 2 years or both: (a) Is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or (b) Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. (3) PROMOTION OF PROSTITUTION. Whoever knowingly promotes prostitution of another under any of the following circumstances may be 20 imprisoned not more than 5 years: 21 8222222222223 24 25 26 27 29 30 (a) Owns, controls, manages, supervises or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business; or (b) Procures an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; or (c) Encourages, induces or otherwise purposesly causes another to become or remain a prostitute; or (d) Compels another to engage in or promote prostitution; or (e) Promotes prostitution of a child under 18. Mistake as to age is not a defense under this paragraph. --- 1969 - 10 - LRB-282 LA:el: 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 24 222222222220 25 26 27 28 29 30 (f) Promotes prostitution of his wife, child, ward or any person for whose care, protection or support he is responsible. (4) OTHER WAYS OF PROMOTING PROSTITUTION. Whoever know- ingly promotes prostitution under circumstances other than those provided in sub. (3) may be fined not more than $1,000 or imprisoned not more than 3 years or both. These shall include: (a) Soliciting a person to patronize a prostitute; or (b) Procuring a prostitute for a patron; or (c) Transporting a person into or within this state with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or (d) Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or (e) Soliciting, receiving or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection. (f) Hiring a prostitute to engage in sexual activity with him, or if he enters or remains in a house of prostitution for the purpose of engaging in sexual activity. (g) Whoever is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution except the prostitute or the prostitute's minor child or other legal dependent in- capable of self-support. (5) EVIDENCE OF HOUSE OF PROSTITUTION. On the issue whether a place is a house of prostitution the following shall be admissible evidence: its general repute; the repute of the persons who reside in or frequent the place; the frequency, timing and duration of visits by nonresidents. 944.40 (5) This section does not apply to a therapeutic abortion which: --- 1 2 3 1969 5 6 7 8 9 10 11 12 13 14 18 .19 23 24 27 29 30 5628222222222222 21 15 16 17 20 - 11 - LRB-282 LA:el: 1 (a) Is performed by a physician; and (b) Such physician believes, or is advised by 2 other physicians who believe, there is substantial risk that continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest or other felonious intercourse; and (c) Unless an emergency prevents, is performed in a licer sed mater- nity hospital. (d) All illicit intercourse with a girl below the age of 16 shall be deemed felonious for purposes of this subsection. SECTION 4. 947.15 of the statutes is renumbered 944.31 and 944.31 (title), as renumbered, is amended to read: 944.31 CONTRIBUTING TO THE DELINQUENCY OR ENDANGERING WELFARE OF CHILDREN; NEGLECT; NEGLECT CONTRIBUTING TO DEATH. SECTION 5. 947.15 (1) (c) of the statutes is created to read: 947.15 (1) (c) Any parent, guardian, or other person supervising the welfare of a child under 18 who knowingly endangers the child's wel- fare by violating a duty of care, protection or support. (End) --- 1969 STATE OF WISCONSIN LRB-282 LA:mjg: 1 AN ACT to repeal 940.04 (5); to renumber 940.04 (1), (2), (3), (4) 2 and (6) and 947.15; to repeal and recreate chapter 944 (except 3 4 944.40 (), (2), (3), (4) and (6), as renumbered); and to create 947.15 (1) (c) of the statutes, relating to crimes against 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 132322 24 25 26 27 sexual morality and providing penalties. Analysis by the Legislative Reference Bureau This bill proposes criminal penalties for certain nonconsentual sexual acts. These acts include rape, sodomy, sexual assual, cor- ruption of minors and seduction, indecent solicitation of a child and indecent exposure. This bill defines sexual intercourse, deviate sexual inter- course, sexual contact and female in relation to these criminal penalties. The penalties provided for criminal nonconsentual acts depend on circumstances that are described in this bill. The defense of mistake as to age or reasonable belief as to age is not applicable when the offense is against a child that is not 14 years of age. The defense does exist if the victim is over 14 but the burden of proving this defense is on the defendant. Any conviction for criminal nonconsentual 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. In addition this bill proposes to make the following changes in relation to sexual crimes and other crimes which affect the family: --- 1969 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 17 -2- LRB-282 LA:mjg:2 1) Provides defenses to a charged bigamy that include prior marriage dissolved, reasonable belief prior spouse dead, absence of prior spouse for 5 years and reasonable belief of legal eligi- bility to remarry. 2) Defines incest relationship to include blood relationships without regard to legitimacy and relationship of parent and child by adoption. 3) Makes persistent nonsupport a crime punishable by fine or imprisonment. 4) Provides a fine and imprisonment for open lewdness. 5) Defines sexual activity, house of prostitution, inmate of a house of prostitution and public place in relation to the criminal offense of prostitution and the promotion of prostitution. Enumer- ates some of the things that constitute prostitution and promotion of prostitution. 6) Expands the definition of therapeutic abortions (which are legal) to include cases where the physical or mental health of the mother is gravely impaired, or cases where the child would be born with grave physical or mental defect or cases where the pregnancy resulted from rape, incest or other felonious intercourse. 7) Makes violating a duty of care, protection or support of a child a crime. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 940.04 (1), (2), (3), (4) and (6) of the statutes are renumbered 944.40 (1), (2), (3), (4) and (6), respectively. SECTION 2. 940.04 (5) of the statutes is repealed. SECTION 3. Chapter 944 (except 944.40 (1), (2), (3), (4) and (6), as renumbered) of the statutes is repealed and recreated to read: 19 20 21 22 22 23 24 14 25 26 CHAPTER 944. SUBCHAPTER I. SEXUAL CRIMES. 944.01 DEFINITIONS. In this subchapter: (1) "Sexual intercourse" means genital copulation and occurs upon any penetration, however slight; emission is not required. --- 1969 -3- LRB-282 LA:mjg:2 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 23 25 24 25 26 (2) "Deviate sexual intercourse" means any act of sc..ual 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 relation- ship otherwise. 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 imprisoned not less than 10 years nor more than 30 years unless no serious bodily injury is inflicted on anyone or the victim was a voluntary social companion upon the occasion of the crime and had previously permitted the attacker sexual liberties in which case he may be imprisoned not less than 3 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 (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 --- 1969. -4- LRB-282 LA:njg:2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23 24 24 25 26 (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 14 years old; or (5) 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. 944.05 SECOND DEGREE RAPE. Whoever does any of the following with the intent to engage in sexual intercourse with a female may be imprisoned not more than 5 years: (1) Has sexual intercourse with a female compelling her to submit by any threat that would prevent resistance by a woman of ordinary resolution; or (2) Has sexual intercourse with a female that he knows suffers from a mental illness or defect which renders her incapable of ap- praising the nature of her conduct; or (3) Has sexual intercourse with a female that he knows is unaware that a sexual act is being committed upon her or that she submits because she falsely supposes that he is her husband. 944.04 FIRST DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be in prisoned not more than 10 years: (1) Engages in deviate sexual intercourse by threatening to inflict on the alleged victim or another person imminent death, --- 1969 <-5- LRB-282 LA:mjg:2 1 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 (2) Engages in deviate sexual intercourse with a person who is physically powerless to resist or to communicate unwillingness to the act and the actor knows of the other's condition; or (3) Engages in deviate sexual intercourse with a person who is less than 14 years old; or (4) Engages in deviate sexual intercourse with another person when he has substantially impaired the other person's power to ap-- praise or control his conduct by administering or employing drugs, intoxicants, or other means for the purpose of preventing resistance. 944.05 SECOND DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be impris- oned not less than one nor more than 5 years: (1) Compels another person to participate in deviate sexual intercourse by any threat that would prevent resistance by a person of ordinary resolution; or (2) 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 (3) Has deviate sexual intercourse knowing that the other 23 person submits because he is unaware that a sexual act is being 22 25 24 25 26 committed upon him. 944.06 CORRUPTION OF MINORS AND SEDUCTION. Whoever has sexual intercourse with a female or whoever engages in deviate sexual --- 1969 1 la 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 222 21 22 22 23 24 25 26 -6- intercourse or causes another to engage in deviate sexual inter- course may be fined or imprisoned as follows if: LRB-282 LA:mjg:2 (1) The other person is under the age of 18 years old and the actor is 18 years of age or over. The actor may be imprisoned not more than 5 years. (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 may be 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 authority over him. The actor may be fined not more than $1,000 or imprisoned not more than 3 years or both. (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. The actor may be fined not more than $1,000 or imprisoned not more than 3 years or both. 944.07 SEXUAL ASSAULT. Whoever subjects another person he knows is not his spouse to any sexual contact may be fined not more than $1,000 or imprisoned not more than 3 years or both, if: (1) Ile knows that the contact is offensive to the other person; or (2) 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 --- 1969 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 (4) The other person is less than 14 years old; or (5) He has substantially impaired the other person's power to appraise or control his conduct, by administering or employing without the other's knowledge drugs, intoxicants or other means for the purpose of preventing resistance; or (6) The other person is less than 16 years old and the actor is 18 years of age or over; or 18 (7) The other person is less than 2 years old and the actor is his guardian or otherwise responsible for general supervision of his welfare; or (8) 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. 944.08 INDECENT SOLICITATION OF A CHILD. Whoever solicits a child under the age of 14 to do any act which if done would be 14 15 16 a sexual assault or sexual intercourse or deviate sexual conduct 17 18 may be fined not more than $500 or imprisoned not more than 6 months or both if he is 17 years of age or older. 19 LRB-282 LA:mjg:2 20 21 22 22 23 24 25 25 26 944.09 INDECENT EXPOSURE. Whoever exposes his genitals, with the intent of arousing or gratifying his sexual desire or the sexual desire of any person other than his spouse, under circum stances 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. 944.10 MISTAKE AS TO AGE. (1) Whenever in this subchapter the criminality of conduct depends on a child's being below the age --- 1969 -8- LRG-282 LA:mjg:2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. (2) However, when criminality depends on the child's being below a critical age other than 14, 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. 944.11 PROMPT COMPLAINT. No prosecution may be instituted under this subchapter unless the alleged offense was brought to the notice of public authority within 6 months of its occurrence or, where the alleged victim was less than 18 years old or otherwise incompetent to make complaint, within months after a parent, guardian or other competent person specially interested in the victim learns of the offense. 944.12 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 26 private. --- 1969 -9- LRB-282 LA:mjg:2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23 24 25 26 SUBCHAPTER II. SEXUAL CRIMES WHICH AFFECT THE FAMILY. 944.25 BIGAY. (1) Whoever does any of the following may be fined not more than $1,000 or imprisoned not more than 5 years or both: (a) Contracts a marriage in this state with knowledge that his prior marriage is not dissolved; or (b) Contracts a marriage in this state with knowledge that the prior marriage of the person he marries is not dissolved; or (c) Cohabits in this state with a person whom he married out- side this state with knowledge that his om prior marriage had not been dissolved or with knowledge that the prior marriage of the person he married had not been dissolved. (2) In this section "cohabit" means to live together under the representation or appearance of being married. or (3) It shall be defense to bigamy that: (a) The prior marriage was dissolved by divorce or annulment; (b) The accused reasonably believed the prior spouse to be dead; or (c) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or (d) The accused reasonably believed that he was legally eligible to remarry. 944.26 INCEST. Whoever knowingly marries or has nonmarital --- 1969 <-10- sexual intercourse or performs an act of deviate sexual conduct LRB-282 LA:mjg:2 2 with a person he knows is a blood relative and such relative is 3 4 in fact related in a degree within which the marriage of the parties is prohibited by the law of this state may be imprisoned not more 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 than years. The relationships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption. 944.27 PERSISTENT NONSUPPORT. Whoever persistently fails to provide support (which he can provide and) which he knows he is legally obliged to provide to a spouse, child or other dependent may be fined not more than $500 or imprisoned not more than one year in the county jail or both. 944.28 OPEN LENDNESS. Whoever does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed may be fined not more than $500 or imprisoned in the county jail not more than one year or both. 944.29 PROSTITUTION AND RELATED OFFENSES. (1) DEFINITIONS. In this section: (a) "Sexual activity" includes homosexual and other deviate sexual relations. (b) A "house of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervison of another. (c) An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution. (d) "Public place" means any place to which the public or --- 1969 - 11 - LRB-282 LA:mjg:2 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 220 21 22 22 23 24 25 26 any substantial group thereof has access. (2) PROSTITUTION. Whoever intentionally does any of the following may be fined not more than $500 or imprisoned not more than 2 years or both: (a) Is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or (6) Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. (3) PROMOTION OF PROSTITUTION. Whoever knowingly promote prostitution of another under any of the following circumstances may be imprisoned not more than 5 years: (a) Oms, controls, manages, supervises or otherwise keeps, along or in association with others, a house of prostitution or a prostitution business; or (b) Procures an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; or (c) Encourages, induces or otherwise purposesly causes another to become or remain a prostitute; or or (d) Compels another to engage in or promote prostitution; (e) Promotes prostitution of a child under 18. Mistake as to age is not a defense under this paragraph. (f) Promotes prostitution of his wife, child, ward or any person for whose care, protection or support he is responsible. (4) OTHER WAYS OF PROMOTING PROSTITUTION. Whoever knowingly of another promotes prostitution under circumstances other than those --- 1969 -12- LRB-282 LA:mjg:2 1 provided in sub. (3) may be fined not more than $1,000 or imprisoned 2 not more than 3 years or both. These shall include: 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (a) Soliciting a person to patronize a prostitute; or (b) Procuring a prostitute for a patron; or (c) Transporting a person into or within this state with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or (d) Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available. means; or (e) Soliciting, receiving or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection. (f) Iliring a prostitute to engage in sexual activity with him, or if he enters or remains in a house of prostitution for the purpose of engaging in sexual activity. (g) Whoever is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution except the prostitute or the prostitute's minor child or other legal dependent incapable of self-support. (5) EVIDENCE OF HOUSE OF PROSTITUTION. On, the issue whe her a place is a house of prostitution the following shall be admissible evidence: its general repute; the repute of the persons who reside in or frequent the place; the frequency, timing and duration of 22 27 visits by nonresidents. --- 2 3 other than subl3) those Pagi 10, 4 5 7 8 1102210 11 12 13 14 15 569 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 b pago 12 1967 - 11 - LRB-1763 PP: :2 Ways Other th of prouting prostitution time (a) Promotes prostitution of his wife, child, ward or any person for whose care, protection or support he is responsible. (4) Whoever knowingly promotes prostitution under anyzother circum- stance may be fined not more than $1,000 or imprisoned not more than 3 years or both. These shall include: (5) The following acts shall, without limitation of the foregoing, constitute promoting prostitution: (a) Own, controlling, managing supervising or otherwise keeping. alone or in association with others, a house of prostitution or a prostitu- tion business; or (b) Procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; or (c) Encouraging, inducing or otherwise purposely causing another to become or remain a prostitute; or (a) (Soliciting a person to patronize a prostitute; or (e) Procuring a prostitute for a patron; or Transporting a person into or within this state with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or (d) Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or (h) Soliciting, receiving or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection. (5) Presumption from living off prostitutes. Any person, other than the prostitute or the prostitute's minor child or other legal dependent in- zuen capable of self-support who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution --- Tint 1967 - 12 - LRB-1763 PP: :2 1 titution. la 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 24 22 223 22 226 25 26 27 28 29 30 #iring 7) Patronizing prostitutes. Whever hires a prostitute to engage in sexual activity with him, or if he enters or remains in a house of prosti- tution for the purpose of engaging in sexual activity promotes prostitution. (5) Evidence of house of prostitution. On the issue whether a place is a house of prostitution the following shall be admissible evidence: its general repute; the repute of the persons who reside in or frequent the place; the frequency, timing and duration of visits by nonresidents. Faszin mony of a person against his spouse shall be admissible to prove offenses Under this section. SECTION 910 (5) of the statutes is created to read 944.40 (5) This section does not apply to a therapeutic abortion which: (a) Is performed by a physician; and (b) Such physician believes, or is advised by 2 other physicians who believe, there is substantial risk that continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest or other felonious intercourse; and (c) Unless an emergency prevents, is performed in a licensed mater- nity hospital. (d) All illicit intercourse with a girl below the age of 16 shall be deened felonious for purposes of this subsection. SECTION 9.7.15 (1) (c) of the statutes is created to read: 94 947 (1) (c) Any parent, guardian, or other person supervising the welfare of a child under 18 who knowingly endangers the child's wel- fare by violating a duty of care, protection or support. SECTION 947.15 of the statutes is renumbered 94431 and 94431 (title), as renumbered is amended to read: 94431 CONTRIBUTING TO THE DELINQUENCY OR ENDANGERING WELFARE OF CHILDREN; NEGLECT; NEGLECT CONTRIBUTING TO DEATH. (End) --- 1969 -13- Repeal abortion. LRG-282 LA:mjg:2 944.40 (5) This section does not apply to a therapeutic abortion 1 2 which: 3 4 5. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 24 (a) Is performed by a physician; and (b) Such physician believes, or is advised by 2 other physicians who believe, there is substantial risk that continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest or other felonious intercourse; and (c) Unless an emergency prevents, is performed in a licensed maternity hospital. (d) All illicit intercourse with a girl below the age of 16 shall be deemed felonious for purposes of this subsection. SECTION 4. 947.15 of the statutes is renumbered 944.31 and 944.31 (title), as renumbered, is amended to read: 944.31 CONTRIBUTING TO THE DELINQUENCY OR ENDANGERING WELFARE OF CHILDREN; NEGLECT; NEGLECT CONTRIBUTING TO DEATH. SECTION 5. 947.15 (1) (c) of the statutes is created to read: 947.15 (1) (c) Any parent, guardian, or other person super- vising the welfare of a child under 18 who knowingly endangers the child's welfare by violating a duty of care, protection or support. (End) 26 --- 1969 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23338 24 25 26 27 STATE OF WISCONSIN LRB-282 LA:mjg:2 to amend 947.15 thate), as remembered; AN ACI to repeal 940.04 ; to renumber 940.04 0.5)(3)( and want 947.15; to repeal and recreate chapter 944 Acent (944.40 (1), (2), (3), (4) and (6), as commbered); and to create 947.15 (1) (c) of the statutes, relating to crimes against sexual morality and providing penalties. Analysis by the Legislative Reference Bureau This bill proposes criminal penalties for certain nonconsentual sexual acts. These acts include rape, sodomy, sexual assual, cor- ruption of minors and seduction, indecent solicitation of a child and indecent exposure. This bill defines sexual intercourse, deviate sexual inter- course, sexual contact and female in relation to these criminal penalties. The penalties provided for criminal nonconsentual acts depend on circumstances that are described in this bill. The defense of mistake as to age or reasonable belief as to age is not applicable when the offense is against a child that is not 14 years of age. The defense des exist if the victin is over 14 but the burden of proving this defense is on the defendant. Any conviction for criminal nonconsentual 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 victin is less than 18 years of age 6 months after a parent or other competent person learns of the offense. In addition this bill proposes to make the following changes in relation to sexual crines and other crines which affect the family: --- 1969 6) 1 2 3 4 5 6 7 8 6 Eliminates the crime of abortion. this stare 1) Provides defenses to a charged bigany that include prior marriage dissolved, reasonable belief prior spouse dead, absence of prior spouse for 5 years and reasonable belief of legal eligi- bility to remarry. LRB-282 LA:mjg:2 2) Defines incest relationship to include blood relationships4 fight want to lectiuacy and relationship of parent and childh by adoption. 3) Makes persistent nonsupport a crime punishable by fine or imprisonment. 4) Provides a fine and imprisonment for open lewdness. 5) Defines sexual activity, house of prostitution, inmate of a house of prostitution and public place in relation to the criminal offense of prostitution and the promotion of prostitution. Enumer- ates some of the things that constitute prostitution and promotion of prostitution. Expands the definition of therapeutic abortionhich are include eases where the physical or mental health of the nother s ravely impaired, or cases where the child would be born with grave physical or mental defect or cases where the pregnancy resulted from rape, incest or other felonious intercours 7) Makes violating a duty of care, protection or support of a child a crime. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1.940.04 (1), (2), (3), (4) and (6) of the statutes are renumbered (944.40 (1), (2), (3), (4) and (6), respectively. of the statutes is repealed. SECTION 1940.04 SECTION 3. Chapter 944 (except 944. 10 (1), (2), (3), (4) and (6), as renumbered) of the statutes is repealed and recreated to read: CHAPTER 944. SUBCHAPTER I. SEXUAL CRIMES. 944.01 DEFINITIONS. In this subchapter: (1) "Sexual intercourse" means genital copulation and occurs upon any penetration, however slight; emission is not required. --- 1969 -3- LRB-282 LA:mjg:2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 23 24 25 26 (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 relation- ship otherwise. 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 imprisoned not less than 10 years nor more than 30 years unless no serious bodily injury is inflicted on anyone or the victim was a voluntary social companion upon the occasion of the crime and had previously permitted the attacker sexual liberties in which case he may be imprisoned not less than 3 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 (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 --- LRB-FILE COPY (Return to Room 215 North) 2-11.69 Assemblymen ASSEMBLY BILL. 196 Introduced by Assemblyman BARBEE Co-sponsored by Senator Committee on By request of Referred to Committee on Judiciary 287 --- D-67-1 CHIEF CLERK'S CORRECTION suggested by Legislative Reference Bureau 1969 ASSEMBLY BILL 196 Relating to: February 27, 1969 On page 1, line 3 and page 12, lines 15 & 16, substitute "944.31 (1) (c)" for "947.15 (1) (c)". Under Senate Rule 32 (3) and Assembly Rule 42 (4), "any correction made by the chief clerk shall be noted by him on the jacket and entered in the journal." Fill out in quintuplicate. Distribution: 1. Original and one copy to Chief Clerk of the house in which the measure was introduced. 2. James J. Purke, Revisor of Statutes. 3. Place in drafting file. 4. Place in LRB correction file. --- 1969 STATE OF WISCONSIN 1969 ASSEMBLY BILL 196 LRB-282 LA:pls:3 February 11, 1969 - Introduced by Assemblyman BARBEE. Referred to Committee on Judiciary. 1 AN ACT to repeal 940.04; to renumber 947.15; to amend 947.15 (title), 2 as renumbered; to repeal and recreate chapter 944; and to create 3 944.31 (1) (c) of the statutes, relating to crimes against sexual 4 morality and providing penalties. 5 9 844 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 Analysis by the Legislative Reference Bureau This bill proposes criminal penalties for certain nonconsentual sexual acts. These acts include rape, sodomy, sexual assualt, cor- ruption of minors and seduction, indecent solicitation of a child and indecent exposure. This bill defines sexual intercourse, deviate sexual inter- course, sexual contact and female in relation to these criminal penalties. The penalties provided for criminal nonconsentual acts depend on circumstances that are described in this bill. The defense of mistake as to age or reasonable belief as to age is not applicable when the offense is against a child that is not 14 years of age. The defense does exist if the victim is over 14 but the burden of proving this defense is on the defendant. Any conviction for criminal nonconsentual 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. In addition this bill proposes to make the following changes in relation to sexual crimes and other crimes which affect the family: --- 1969 -2- LRB-282 ·IA:pls:3 1 2 3 4 5 1) Provides defenses to a charged bigany that include prior marriage dissolved, reasonable belief prior spouse dead, absence of prior spouse for 5 years and reasonable belief of legal eligi- bility to remarry. 2) Defines incest relationship to include blood relationships. 3) Makes persistent nonsupport a crime punishable by fine or imprisonment. 4) Provides a fine and imprisonment for open lewdness. 5) Defines sexual activity, house of prostitution, inmate of a house of prostitution and public place in relation to the criminal offense of prostitution and the promotion of prostitution. Enumer- ates some of the things that constitute prostitution and promotion of prostitution. 6) Eliminates the crime of abortion in this state. 7) Makes violating a duty of care, protection or support of a child a crime. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 940.04 of the statutes is repealed. SECTION 2. Chapter 944 of the statutes is repealed and re- 6 7 8 9 10 11 12 13 14 created to read: 15 16 17 18 19 20 21 22 22 23 24 24 225 26 CHAPTER 944. SUBCHAPTER I. SEXUAL CRIMES. 944.01 DEFINITIONS. In this subchapter: (1) "Sexual intercourse" means genital copulation and occurs upon any penetration, however slight; emission 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. --- # DRAFTSMANS NOTE: The instructions for drafting said like Assembly B111 628 Your attention is called to 944.28 of this proposed draft regarding onen lewdness. This provides a penalty for a lewd act without defining lewd. The statutes do not define lewd and Webster's defines levd as common. I think that clairification of this section should be considered to avoid constitutional callanges to this section on the grounds of vaugueness. LA --- DRAFTSMAN'S NOTE: Your attention is called to 944.28 of this proposed draft regarding open lewdness. This provides a penalty for a lewd act without defining lewd. The statutes do not define lewd and Webster's defines lewd as common. I think that clarifi- cation of this section should be considered to avoid constitutional challenges to this section on the grounds of vagueness. LRB-282 LA:el:1 --- 1969 STATE OF WISCONSIN LRB-282 LA:el:1 Analysis by the Legislative Reference Bureau 1 2 3 4 AN ACT to repeal 940.04 (5); to renumber 940.04 (1), (2), (3), (4) and (6) and 947.15; to repeal and recreate chapter 944 (except 944.40 (1), (2), (3), (4) and (6), as renumbered); and to create 947.15 (1) (c) of the statutes, relating to crimes against sexual morality and providing penalties. 5 6 7 8 9 10 11 12 232 13 14 15 16 19 17 18 19 20 This bill proposes criminal penalties for certain nonconsentual sex- ual acts. These acts include rape, sodomy, sexual assault, corruption of minors and seduction, indecent solicitation of a child and indecent ex- posure. This bill defines sexual intercourse, deviate sexual intercourse, sex- ual contact and female in relation to these criminal penalties. The pen- alties provided for criminal nonconsentual acts depend on circumstances that are described in this bill. The defense of mistake as to age or reasonable belief as to age is not applicable when the offense is against a child that is not 14 years of age. The defense does exist if the victim is over 14 but the burden of proving this defense is on the defendant. Any conviction for criminal nonconsentual 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. In addition this bill proposes to make the following changes in relation to sexual crimes and other crimes which affect the family: 1) Provides defenses to a charged bigamy that include prior marriage dissolved, reasonable belief prior spouse dead, absence of prior spouse for 5 years and reasonable belief of legal eligibility to remarry. --- 1 1969 la lb 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 -2- LRB-282 LA:el: 1 2) Defines incest relationship to include blood relationships without - regard to legitimacy and relationship of parent and child by adoption. 3) Makes persistent nonsupport a crime punishable by fine or im- prisonment. 4) Provides a fine and imprisonment for open lewdness. 5) Defines sexual activity, house of prostitution, inmate of a house of prostitution and public place in relation to the criminal offense of pros- titution and the promotion of prostitution. Enumerates some of the things that constitute prostitution and promotion of prostitution. 6) Expands the definition of therapeutic abortions (which are legal) to include cases where the physical or mental health of the mother is grave- ly impaired, or cases where the child would be born with grave physical or mental defect or cases where the pregnancy resulted from rape, incest or other felonious intercourse. 7) Makes violating a duty of care, protection or support of a child a crime. 20 21 24 2222222222233 25 26 27 28 29 30 31 The people of the state of Wisconsin, represented in senate and as- sembly, do enact as follows: SECTION 1. 940.04 (1), (2), (3), (4) and (6) of the statutes are re- numbered 944.40 (1), (2), (3), (4) and (6), respectively. SECTION 2. 940.04 (5) of the statutes is repealed. SECTION 3. Chapter 944 (except 944.40 (1), (2), (3), (4) and (6), as renumbered) of the statutes is repealed and recreated to read: CHAPTER 944. SUBCHAPTER I. SEXUAL CRIMES. 944.01 DEFINITIONS. In this subchapter: (1) "Sexual intercourse" means genital copulation and occurs upon any penetration, however slight; emission 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 --- 1969 - 3- LRB-282 LA:el:1 1 2 3 4 5 6 7 8 9 10 123 12 14 15 16 17 18 19 20 21 78222222222223 24 25 26 29 30 subchapter, regardless of the legal status of their relationship otherwise. 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 imprisoned not less than 10 years nor more than 30 years unless no serious bodily in- jury is inflicted on anyone or the victim was a voluntary social companion upon the occasion of the crime and had previously permitted the attacker sexual liberties in which case he may be imprisoned not less than 3 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 (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 14 years old; or (5) 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. 944.03 SECOND DEGREE RAPE. Whoever does any of the following with the intent to engage in sexual intercourse with a female may be im- prisoned not more than 5 years: (1) Has sexual intercourse with a female compelling her to submit by any threat that would prevent resistance by a woman of ordinary res- --- 1969. - 4 - LRB-282 LA:el: (2) Has sexual intercourse with a female that he knows suffers from a mental illness or defect which renders her incapable of appraising the nature of her conduct; or (3) Has sexual intercourse with a female that he knows is unaware that a sexual act is being committed upon her or that she submits because she falsely supposes that he is her husband. 944.04 FIRST DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be imprisoned not more than 10 years: (1) 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 1 olution; or 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 8222222222222 23 24 25 26 27 (2) Engages in deviate sexual intercourse with a person who is phys- ically powerless to resist or to communicate unwillingness to the act and the actor knows of the other's condition; or (3) Engages in deviate sexual intercourse with a person who is less than 14 years old; or (4) Engages in deviate sexual intercourse with another person when he has substantially impaired the other person's power to appraise or con- trol his conduct by administering or employing drugs, intoxicants, or other means for the purpose of preventing resistance. 944.05 SECOND 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 5 years: (1) Compels another person to participate in deviate sexual inter- course by any threat that would prevent resistance by a person of ordinary resolution; or 29 30 (2) Has deviate sexual intercourse knowing that the other person suffers ---