A. BILL 1435. 1971 ASSEMBLY BILL 1435 1971 LRB Barbee 3428 AN ACT to repeal 944.10 (1), 944.15, 944.16, 944.20 (3), 944.30, 944.31, 944.34 and 944.35; to renumber 944.10 (2) and (3) and 944.17; to amend 165.60; 944.10 (1), as renumbered; 944.11 (1), (2) and (3), 944.12; and 944.13 (intro.), as renumbered; and to create 944.005 of the statutes, relating to reducing the age of consent to 14 and abolishing criminal sanctions against certain consensual sexual acts. O. K. REVISION 11-12-71 Introduced by Representative PRINCIPAL AUTHOR: Barbee (BY REQUEST OF) (CONTINUE HERE FOR ADDITIONAL AUTHORS) 11-12 Read first tinic ac referretto commettee on 2-28) public heurs held 3-13-12 Failed to pass pursuant to SJR 21 Cosponsored by Senator (CONTINUE HERE FOR ADDITIONAL COSPONSORS) CONTINUED ON BACK --- ASSEMBLY BILL 1435 1971 CONTINUED INSIDE --- Assembly Bill 1435 November 12, 1971 February 28, 1972 BILL HISTORY (Representative Barbee) AN ACT relating to reducing the age of consent to 14 and abolishing criminal sanctions against certain consensual sexual acts. Referred to Committee on Judiciary. Hearing held at 10:00 A.M. in Room 314 N.W. Present: Absent: Representative Sicula, Chairman; Representatives Wahner and Orlich Representatives McCormick, Kessler, Brown, Oestreicher, T. G. Thompson, Rutkowski, Wilcox and Shabaz. Appearances for the Bill: Representative Barbee, Principal Author William Rice, for Wisconsin Civil Liberties Union Eldon E. Murray, Milwaukee, for self Donna Utke, Milwaukee, for self Michael Mitchell, for Gay Peoples Union of Milwaukee Reverend Wilbur Cain, as private citizen Appearances against the Bill: None March 24, 1972 Registrations for the Bill: Hazel Lentz, for self Leslie Lourdon, for self Registrations against the Bill: Mrs. William J. Parker, for Concerned Parents Committee, Madison Withdrawn from Committee on Judiciary and failed to pass. Sherri Beno Sherri Beno, Committee Clerk --- JACKET COPY 1435 ASSEMBLY BILL. 11-12-71 BARBEE Introduced by Assemblyman Assemblymen Co-sponsored by Senator Committee on By request of Referred to Committee on Juhary --- 1971 STATE OF 1435 LRB-3428/1 WH:PP T 2 3 4 5 AN ACT to repeal 944.10 (1), 944.15, 944.16, 944.20 (3), 944.30, 944.31, 944.34 and 944.35; to renumber 944.10 (2) and (3) and 944.17; to amend 165.60; 944.10 (1), as renumbered; 944.11 (1), (2) and (3), 944.12; and 944.13 (intro.), as renumbered; and to create 944.005 of the statutes, relating to reducing the age of consent to 14 and abolishing criminal sanctions against certain consensual sexual acts. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Analysis by the Legislative Reference Bureau This bill eliminates all criminal sanctions against sexual acts between consenting adults, and lowers the age of consent to 14 years of age. The age of consent in Wisconsin is presently 18. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. 165.60 of the statutes is amended to read: 165.60 LAW ENFORCEMENT. The division of criminal investigation is authorized to enforce S. 66.054 and chs. 139 and 176, ss. 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 and 945.04 and shall be invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of such duties. Noth- --- 1971 -2- LRB-3428/1 WH:pp 1 2 ing herein shall deprive or relieve sheriffs, constables and other local police officers of the power and duty to enforce said sec- 3 tions, and such officers shall likewise enforce said sections. 4 5 6 7 8 9 10 11 12 13 14 SECTION 2. 944.005 of the statutes is created to read: 944.005 PRIVACY OF SEXUAL ACTS. All sexual acts between con senting parties are private and are not subject to the criminal laws of this state. However, no person under the age of 14 years shall be deemed to consent to any sexual act. 944.10 SECTION 3. 944.10 (1) of the statutes is repealed. SECTION 4. 944.10 (2) and (3) of the statutes are renumbered (1) and (2), respectively, and 944.10 (1), as renumbered, is amended to read: 944.10 (1) If the female is under the age of 16 14, and the male is 18 years of age or over, imprisoned not more than 15 years; SECTION 5. 944.11 (1), (2) and (3) and 944.12 of the statutes are amended to read: 15 or 16 17 18 19 20 21 22222222 23 24 25 944.11 (1) Any male who takes indecent liberties with a female under the age of 16 14; or (2) Whoever takes indecent liberties with the privates of any person under the age of 18 14; or (3) Whoever consents to the indecent use of his own privates by any person under the age of 18 14. 944.12 ENTICING A CHILD FOR IMMORAL PURPOSES. Any person 18 years of age or over, who, with intent to commit a crime against 26 sexual morality, persuades or entices any child under 18 14 years of --- 1971 -3- LRB-3428/1 WH:PP 1 age into any vehicle, building, 2 3 4 5 6 7 imprisoned not more than 10 years. room or secluded place may be SECTION 6. 944.15 and 944.16 of the statutes are repealed. SECTION 7. 944.17 of the statutes is renumbered 944.13 and 944.13 (intro), as renumbered, is amended to read: 944.13 SEXUAL PERVERSION. (intro.) Whoever does either of the following with a person under the age of 14 may be fined not more than $500 or imprisoned not more than 5 years or both: 8 9 10 11 12 13 SECTION 8. 944.20 (3) of the statutes is repealed. SECTION 9. 944.30 and 944.31 of the statutes are repealed. SECTION 10. 944.34 and 944.35 of the statutes are repealed. SECTION 11. CROSS REFERENCES. In the sections listed in column A below, the cross references to the sections in column B are 14 changed to the cross references shown in column C: 15 A B C 16 Statute Sections Old Cross References New Cross References 17 343.06 (11) 944.10 (2) and (3) 944.10 18 944.17 944.13 19 343.30 (2d) 944.10 (2) and (3) 944.10 20 944.17 944.13 21 (End) O. K. REVISION REVISION ---