STATEMENT OF COMPLIANCE FORM CPR 11 State of Wisconsin PUBLIC RECORDS BOARD AGENCY LEGISLATIVE REFERENCE BUREAU DIVISION DATE 12-20-83 REEL NUMBER RECORD SERIES Drafting Records I certify that the film listed above complies with the mini- mum standards of quality for permanent photographic re- cords, as established by the Public Records Board and that the film was processed and developed in accordance with minimum standards established by the Board. DISPOSAL AUTHORIZATION NUMBER 130/76-1 I certify pursuant to Section 16.61 (7) Wisconsin Stat- utes, that this records series has been photographed on the reels of film listed above. Form CPR 10 FILM DEVELOPER AND PROCESSOR Dr. H. Ruit Theobald, Chief Legislative Reference Bureau Madison, Wis. 58732 Dr. H. Rupert Theobald, Chief HEAD OF AGENCY OR DESIGNATED REPRESENTATIVE REEL NUMBER State of Wisconsin PUBLIC RECORDS BOARD CAMERA OPERATOR'S CERTIFICATE REDUCTION RATIO 42:1 (MODEL) DISPOSAL AUTHORIZATION NUMBER 130/76-1 (SERIAL NUMBERI CAMERA (TYPE DIETZGEN STEP & REPEAT TITLE OF RECORD SERIES LEGISLATIVE REFERENCE BUREAU AGENCY LEGISLATIVE REFERENCE BUREAU ROLL BEGINS WITH I certify that I have on this day of 12-20-1983 photographed the above described documents in accordance with the standards and procedures established by Section 16.61 of the Wisconsin Statutes. 1971 Assembly Bill 600 ROLL ENDS WITH CAMERA OPERATON 619 KD --- 1971 ASSEMBLY BILLS 600-619 A Cert Map 4 5 6 7 8 9.10 11 12 13 14 15 16 17 18 SS S SS S $ AB 600 B 4 5 5 5 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 FAB601 S C § 52 53 54 55 56 57 58 59 விவி 62 63 64 65 66 67 68 69 70 71 72 73 74 75 AB 602 LAB 603- D 76 77 SS 80 81 82 83 84 85 86 87 88 89 92 93 94 95 96 97 98 99 100 AB 604 E -AB 606 - F G AB 605- 101 102 103 104 105 106 107 158 159 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 LAB 607 - UL 126 17 1 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 15 LL 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 15 16 169 170 171 172 173 174 175 AB 610- 125 ·AB 608 AB 609 H 1S 1 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 IL -AB611 200 I J 2227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 614 LL AB 615- 201 202 203 2205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 -AB 612 AB 613. 255 - k L M 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 254 255 F AB 616 AB 617 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 LL _ AB 618 301 302 353 30 305 306 307 308 309 310 311 312 353 354 315 316 317 318 319 320 321 322 323 324 Cert AB 619- IL BLANK --- 1971 -7 1 2 3 4 5 6 7 944.09 MISTAKE AS TO AGE. (1) Whenever in this subch pter 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 a critical age other than 14, it is a defense for the actor to (3) 8 prove by a preponderance of the evidence that he reasonably believed the child to be above the critical age. 9 10 11 12 13 14 15 16 17 18 19 20 21 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 child's previous experience in, or knowledge of, sexual matters. 944.10 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 occurrenc or, where the alleged victim was less than 18 years old or otherwise incompetent to make complaint, within 6 months after a parent, $9 guardian or other competent person specially interested in the victim learns of the offense. 944.11 CORROBORATION. No person may be convicted of any felony under this subchapter upon the uncorroborated testimony of the alleged victim. In any prosecution before a jury for an offense 23 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 2222 24 25 LR-480/2 WH:11n --- 1971 1 of determining the truth with respect to alleged sexual activities 2 carried out in private. 3 4 5 6 7 8 9 10 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 of 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 outside this 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. 11 12 13 14 15 16 17 (2) It shall be defense to bigamy that: (a) The prior marriage was dissolved by divorce or annulment; 18 or 19 (b) The accused reasonably believed the prior spouse to be 20 dead; or 21 (c) The prior spouse had been continually absent for a period 22 of 5 years during which time the accused did not know the prior 23 spouse to be alive; or 24 (d) The accused reasonably believed that he was legally 25 eligible to remarry. LPB-480/2 WH:11n --- 1971 و LRP-480/2 Wil:11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 21 22 23 24 25 944.26 INCEST. 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 one year. 944.27 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 reqularly carried on by one person under the control, 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. (d) "Public place" means any place to which the public or any substantial group thereof has access. (2) PROMOTION OF PROSTITUTION. Whoever knowingly promotes prostitution of another under any of the following circustances may be imprisoned not more than 5 years: (a) Owns, 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 --- 1971 -11- Hiring a prostitute to engage in sexual activity with (g) Entering or remaining in a house of prostitution for the 1 (f) 2 him; or 3 4 5 6 7 purpose of engaging in sexual activity. (4) PROMOTION PRESUMED. 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 8 prostitute's minor child or other legal dependent incapable of EVIDENCE OF HOUSE OF PROSTITUTION. On the issue of 9 10 self-support. (5) 11 12 13 14 15 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. SECTION 3. 947.15 of the statutes is renumbered 944.31 and 944.31 (title), as renumbered, is amended to read: 944.31 (title) CONTRIBUTING TO THE DELINQUENCY OR ENDANGERING WELFARE OF CHILDREN; NEGLECT; NEGLECT CONTRIBUTING TO DEATH. 16 17 18 19 20 21 22 23 support. 24 SECTION 4. 944.31 (1) (c) of the statutes is created to read: 944.31 (1) (c) Any parent, guardian, or other person supervising the welfare of a child under 18 who knowingly endangers the child's welfare by violating a duty of care, protection or (End) O. K. REVISION LRB-480/2 WH:11n --- For (S) sex crimes revision REQUEST SHEET LRB (A) Date rec'd 11/12/70 Special instructions: Draftsman: WH WH Typist: Proofed: Submitted: 11-18-20 3-83-71 Delivered: Fiscal Note Data: FN Required: Yes No FN - 2nd draft: Yes No Submitted to Bur. of Mgt. FN Submitted ENROLLING Amdts. adopted Date Draftsman Proofed (Use reverse side of sheet if additional space is needed for instructions) Remarks: 480 Reviewed by Supplemental information: (Note date and each new instruction) Qui 600 RECEIVED Final Draft: (Requestor) (Agent) LRB-D-64-5 --- DRAFTING REQUEST 480 LRB Date rec'd 7. Wanted (S) _ (A) (Bill) (Jt. Res.) (Res.) (Sub.Amdt.) (Amdt.) Subject Sex crimes revision For (Member) (Commit ee Instructions by him (Member) (Committee) Representing In form, by (Draft) (Written) (Oral) (Telephone) (Personally) (Letter) Index under: Crimes No. extra copies: Contact FN Required INSTRUCTIONS like A. Bill 196 (1967) fut. Send out 1. change all 14" references to 13" 2. also repeal 269.565 Received by Assign to Copies to mu WH Signature OK (Requestor) LRB-D-66-4 --- ANALYSIS This bill revises the chapter of the statutes relating to crimes against sexual morality. It redefines existing crimes and revises penalties in some cases. Existing provisions on adultery, fornication and possession of "indecent matter" are deleted. The present abortion statute is repealed. 文 The defense of mistake of age is not applicable when the offense is against a child under the age of 13, but does exist if the victim is over that age, in which case the burden of proving that defense is on the defendant. All felony convictions ********* for ******** nonconsentual setual acts must be on the basis of corroborated testimony. Corroboration may be xxx circumstantial. Prosecution for a nonconsentual sexual act must be within 6 months after the act or, if the victim is under 18 years old, within 6 months after the parent or other competent person learns of the offense. The bill also recognizes certain defenses to the charge of bigamy, and enumerates in greater detail activities constituting the crime of prostitution or promotion of prostitution. in cases Persistent nonsupport xxx*x*x* where there is an ability to pay is made a crime punishable by imprisonment, fine or both. Violating a duty of care, protection or support of a child is also made a crime, and is punishable by a fine of $500 or imprisonment for 5 years or both. is among DRAFTMAN'S NOTE A new section, s. 944.25 was created last session, ind the sections revoked by this bill. Revoking this new sechon (ch. 405, Laws of 1969) may or may not have been contemplated in the original draft of this bill. --- STATE OF WISCONSIN 1971 1959 ASSEMBLY BILL 196 LRB - 480 WH: I February 11 1969-ntroduced by Assemblyman BARBEE. Refer to Committee on Judiciary. 944.31 1 AN ACT to repeal 940.04; to renumber 947.15; to amend (title), 2 as renumbered; to repeal and recreate chapter 944; and to create 944.31 3 (1) (c) of the statutes, relating to crimes against sexual morality and providing penalties. 9 213 13 24 10 11 pleas Analysis by the Legislative Reference Bureau (see attached sheet) his bill proposes criminal penalties for certain nonconsentual sexual acts. These acts include rap, sodomy, exual assualt, cor- ruption of minors and seduction, indecent solicitation of a child an indecent exposure. This bill defines sexual intercourse, deviate sexual inter- 12 Course, sexual contact and female in relation to these criminal penalties. The penalties provided for criminal nonconsentual acts depend on circumstances described in 13 14 the bill. The defense of mistake as to age reasonable belief as to age not applicable when the offense is against a child benvears of age. The defense does exist if the victim is over 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 akes the following changes relan A to sexual crimes and other crimes which affect the family: --- 1971 STATE OF WISCONSIN LRB-480/2 WI: 11n 1 AN ACT to repeal 940.04; to renumber 947.15; to amend 944.31 (title), as renumbered; to repeal and recreate chapter 944; and to create 944.31 (1) (c) of the statutes, relating to crines against sexual morality and providing penalties. 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 9822222 3 29 cohabitahes, indecent exposure Analysis by the Legislative Reference Bureau This bill revises the chapter of the statutes relating to crimes against sexual morality. It redefines existing crimes and revises penalties in some cases. Existing provisions on adultery, fornication and possession of "indecent matter" are deleted. The present abortion statute is repealed. The defense of mistake of age is not applicable when the offense is against a child under the age of 4, but does exist if the victim is over that age, in which case the burden of proving that defense is on the defendant. All felony convictions for nonconsentual sexual acts must be on the basis of corroborated testimony. Corroboration may be circumstantial. Prosecution for a nonconsentual sexual act must be within 6 months after the act or, if the victim is under 4 years old, within months after the parent or other competent person learns of the offense. The bill also recognizes certain defenses to the charge of bigamy, and enumerates in greater detail activities constituting the crime of prostitution or promotion of prostitution. Persistent nonsupport in cases where there is an ability to pay is de a crime punishable by imprisonment fine or both Violating a duty of care, protection or support of child is so mado a crime, and is punishable by a fine of $500 or imprisonment for 5 years or both. 4 14 --- Bry. LEGISLATIVE REFERENCE BUREAU 201 North, State Capitol, Madison, Wisconsin 53702 Relating to LRB drafting number 480/2 The attached draft is submitted for your inspection. Please check each part carefully and sign on the appropriate line below to indicate whether additional Changes are to be incorporated (a revised draft will then be submitted for your approval) or whether you approve the draft for jacketing. If the draft is stamped FISCAL NOTE REQUIRED because it increases or decreases state revenues or expenditures, you have the option to submit it for a fiscal note now, prior to introduction, or to introduce it without the note in which case it will be submitted automatically upon introduction. It takes about one week to obtain a fiscal note. Only the legislator who authorize preparation of the draft can direct that the draft be jacketed. Please allow one day for the preparation of the required copies. 1. Redraft; see changes attached 2. Obtain fiscal note now, prior to introduction 3. Jacket the draft for introduction --- 1971 ASSEMBLY BILL 600 --- LRB-FILE COPY (Return to Room 215 North) ASSEMBLY BILL 600 480 3-30-71 Introduced by Representative BARBEE Representatives. Co sponsored by Senator Committee on By request of Referred to Committee on --- 1971 STATE OF WISCONSIN LRB-480/2 WH:11n 1 2 3 4 5 600 1. AN ACT to repeal 940.04; to renumber 947.15; to amend 944.31 (title), as renumbered; to repeal and recreate chapter 944; and to create 944.31 (1) (c) of the statutes, relating to crimes against sexual morality and providing penalties. 9 789012 11 13 14 15 16 17 18 19 20 21 23 24 25 26 222222222 27 28 Analysis by the Legislative Reference Bure u This bill revises the chapter of the statutes relating to crimes against sexual rorality. It redefines existing crimes and revises penalties in some cases. Existing provisions on adultery, fornication, cohabitation, indecent exposure and possession of "indecent matter" are deleted. The present abortion statute is repealed. The defense of mistake of age is not applicable when the offense is against a child under the age of 14, but does exist if the victim is over that age, in which case the burden of proving that defense is on the defendant. All felony convictions for nonconsentual sexual acts must be on the basis of corroborated testimony. Corroboration may be circumstantial. Prosecution for a nonconsentual sexual act must be within 6 months after the act or, if the victim is under 14 years old, within 6 months after the parent or other competent person learns of the offense. The bill also recognizes certain defenses to the charge of bigamy, and enumerates in greater detail activities constituting the crime of prostitution or promotion of prostitution. The people of the state of Wisconsin, re ted in senate and assembly, do enact as follows: SECTION 1. 940.04 of the statutes is repealed. --- 19.71 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 17 18 19 20 21 22 23 24 25 26 SECTION 2. Chapter 944 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. actor. (4) "Ferale" means any female who is not married to the Persons living together as man and wife are married for purposes of this 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 more than 15 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 IRD-480/2 WH:11n --- 1971 1 2 3 4 5 6 7 8 9 10 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 ferale who is physically powerless to resist or to communicate unwillingness to an act and he 11 knows of her condition; or 12 (4) Has sexual intercourse with a female who is less than 14 13 years old; or 14 (5) Has sexual intercourse with a female whose power to 15 appraise or control her conduct has been substantially impaired by 16 his action in administering or employing drugs intoxicants or other 17 means for the purpose of preventing resistance. 18 2222222222222 19 20 21 944.03 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 23 ordinary resolution; or 24 (2) Has sexual intercourse with a female that he knows 25 suffers from a mental illness or defect which renders her incapable 26 of appraising the nature of her conduct; or LRB-480/2 WH:11n --- 1971 1 2 3 4 5 6 7 8 9 (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 DECREE SODOWY. 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 victim refrains from resisting because of a reasonable belief that he will carry out his 11 threats; or 10 12 13 14 15 16 17 18 19 2 = 9 9 2222222222 20 21 (2) Engages in deviate sexual intercourse with a person who is physically powerless to re ist 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 person's power to appraise or control his conduct by administering or employing drugs, intoxicants or other means for the purpose of preventing resistance and without the person's consent. 944.05 SECOND DEGREE SODOMY. Whoever does any of the 23 following with intent to engage in deviate sexual intercourse may be 24 imprisoned not more than 5 years: 25 26 (1) Compels nother person to participate in deviate sexual intercourse by any threat that would prevent resistance by a person LRP-480/2 WH: 11n --- 1971 -5 LRB-480/2 PH:11n 1 of ordinary resolution; or 2 (2) Has deviate sexual 3 intercourse knowing that the other person suffers from a mental disease or defect that renders him 4 incapable of appraising the nature of his conduct; or 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2222 21 (3) Has deviate sexual intercourse knowing that the other person submits because he is unaware that a sexual act is being committed upon him. 944.06 CORRUPTION OF PERSONS UNDER 14 AND SEDUCTION. Whoever has sexual intercourse with a female or whoever engages in deviate sexual intercourse 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 3 years. (2) The other person is less than 18 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 5 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 rore than $1,000 or imprisoned not more than 5 years or both. 22 23 944.07 SEXUAL ASSAULT. Whoever subjects another person he 24 knows is not his spouse to any sexual contact may be fined not more 25 than $1,000 or imprisoned not more than 3 years or both, if: --- 1971 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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 (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 or consent 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 (7) The other person is less than 18 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. LRB-480/2 WH:11n ---