A. BIL 600 1971 ASSEMBLY BILL. 600 1971 P.C. Barbee 480 LRB and AN ACT to repeal 940.04; to renumber 947.15; to amend 944.31 (title), as renumbered; to repeal recreate chapter 944; and to create 944.31 (1) (c) of the statutes/relating to crimes against sexua morality and providing penalties. O. K. REVISION 3-30-71 PRINCIPAL AUTHOR: Introduced by Representative Barbee (BY REQUEST OF) Cosponsored by Senator (CONTINUE HERE FOR ADDITIONAL AUTHORS) 3-30 Read first time (referred to commute on Juicy 10-29 FAILED TO PASS (CONTINUE HERE FOR ADDITIONAL COSPONSORS) CONTINUED ON BACK --- ASSEMBLY BILL. 600 1971 T: CONTINUED INSIDE --- 1971 -8- 1 of determining the truth with respect to alleged sexual activities 2 carried out in private. SUBCHAPTER II. SEXUAL CRIMES WHICH AFFECT THE FAMILY. 944.25 BIGAMY. (1) Whoever does any of the following may be 3 4 5 6 fined not more 7 both: 8 9 than $1,000 or imprisoned not more than 5 years or 10 11 12 13 (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 15 person he married had not been dissolved. 14 16 17 (2) 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 17 23 24 22222222 18 or 19 20 21 25 (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. LRB-480/2 WH:11n --- 1971 161 1 2 3 4 6 7 8 9 10 11 12 12 13 14 15 16 17 18 19 20 21 2222222 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 regularly 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 circumstances 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 LRB-480/2 WH:11n --- 1971 -10- 1 2 3 4 (c) Encourages, induces or otherwise purposely 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. or any (f) Promotes prostitution of his wife, child, ward person for whose care, protection or support he is responsible. (3) OTHER WAYS OF PROMOTING PROSTITUTION. Whoever knowingly promotes prostitution of another under circumstances other than those provided in sub. (2) may be fined not more than $1,000 or imprisoned not more than 3 years or both. These shall include: 5 6 7 8 9 10 11 12 (a) 35 13 (b) Procuring a prostitute for a patron; or 14 (c) Soliciting a person to patronize a prostitute; or Transporting a person into or within this state with the 15 purpose of promoting that person's engaging in prostitution, or 16 procuring or paying for transportation with that purpose; or 17 18 19 20 21 2222 23 (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 24 for doing or agreeing to do anything forbidden by this subsection; 25 or LRB-480/2 WH:11n --- 1971 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (f) Hiring a prostitute to engage in sexual activity with him; or (g) Entering or remaining in a house of prostitution for the 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 prostitute's minor child or other legal dependent incapable of self-support. (5) EVIDENCE OF HOUSE OF PROSTITUTION. On the issue of 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: 15 16 17 18 944.31 (title) CONTRIBUTING TO THE DELINQUENCY OR ENDANGERING WELFARE OF CHILDREN; NEGLECT; NEGLECT CONTRIBUTING TO DEATH. 19 20 21 23 24 222222 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 support. (End) LRB-480/2 WH:11n O. K. REVISION --- JACKET COPY ASSEMBLY BILL 600 3-30-71 Introduced by Representative BARBEE Representatives. Co sponsored by Senator Committee on By request of Referred to Committee on Judiciary --- 1971 STATE OF WISCONSIN 600 LRB-480/2 WH:11n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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. 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, 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. 23 24 25 28 222222 222 88 26 27 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. --- · 1971 -2- 1 SECTION 2. Chapter 944 of the statutes is repealed and 2 recreated to read: 23 4 5 6 7 8 9 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. "Deviate sexual intercourse" (2) 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. 10 11 12 13 14 15 16 actor. (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 Persons living together as man and wife are married for 17 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. 18 19 20 21 222222222 23 24 944.02 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 25 upon the occasion of the crime and had previously permitted the attacker sexual liberties in which case he may be imprisoned not 26 LRB-480/2 WH:11n --- 1971 -3- 1 2 3 4 5 6 7 8 9 10 11 12 22 13 14 15 16 17 18 19 20 21 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 inflict on her or (2) Has sexual intercourse with a female by threatening to 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 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 2222222 24 25 26 (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 LRB-480/2 WH:11n --- .1971 1 2 3 6 7 8 9 10 11 12 (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 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 13 is physically powerless to resist or to communicate unwillingness to 14 the act and the actor knows of the other's condition; or 15 (3) Engages in deviate sexual intercourse with a person who 16 is less than 14 years old; or 17 18 2222222222 19 20 (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 other means for the purpose of preventing resistance and without or 21 the person's consent. 23 24 25 26 944.05 SECOND DEGREE SODOMY. Whoever does any of the following with intent to engage in deviate sexual intercourse may be imprisoned not more than 5 years: (1) Compels another person to participate in deviate sexual intercourse by any threat that would prevent resistance by a person LRB-480/2 WH:11n --- 1971 -5- 1 2 3 of ordinary resolution; or (2) Has deviate sexual 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 (3) Has deviate sexual intercourse knowing that the other 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20 hospital or other institution and the actor has supervisory or disciplinary authority over him. The actor may be fined not more 22 21 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: LRB-480/2 WH:11n --- 1971 T 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2222 20 21 23 225 24 (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 --- •1971 -7 1 2 3 4 944.09 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 a critical age other than 14, it is a defense for the actor to (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 child's previous experience in, or knowledge of, sexual matters. No prosecution may be instituted 6 7 8 prove by a preponderance of the evidence that he reasonably believed the child to be above the critical age. 9 10 11 12 13 944.10 PROMPT COMPLAINT. 14 15 16 17 18 19 20 21 22 23 24 25 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 6 months after a parent, 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 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 LRB-480/2 WH:11n ---