2023 - 2024 LEGISLATURE
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2023 SENATE BILL 149
April 3, 2023 - Introduced by Senators TESTIN, WANGGAARD, MARKLEIN and
TOMCZYK, cosponsored by Representatives RETTINGER, NEDWESKI, C.
ANDERSON, BEHNKE, BODDEN, BRANDTJEN, DITTRICH, DONOVAN, GUNDRUM,
MOSES, MURPHY, MURSAU, ORTIZ-VELEZ, ROZAR, SAPIK, SUBECK and WICHGERS.
Referred to Committee on Judiciary and Public Safety.
1 AN ACT to create 940.225 (5) (b) 1. c. and 948.01 (5) (a) 3. of the statutes; relating
2 to: definition of “sexual contact” for purposes of crimes against children and
3 sexual assault and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law defines “sexual contact” for the purposes of crimes against children
and the crime of sexual assault. In the definitions in current law, if the perpetrator
intentionally touches the victim's intimate parts, or if the perpetrator instructs the
victim to intentionally touch the intimate parts of the perpetrator or another person,
for the purpose of sexually degrading or sexually humiliating the victim or sexually
arousing or sexually gratifying the perpetrator, then it is “sexual contact.” Under
this bill, “sexual contact” also includes when the victim is made to touch the
ejaculate, urine, or feces of any person upon instruction from the perpetrator, upon
the use or threat of force or violence by the perpetrator, or upon an intentional act
of the perpetrator, if the purpose is to sexually degrade or sexually humiliate the
victim or sexually arouse or sexually gratify the perpetrator.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
 2023 - 2024 Legislature -2- LRB-0446/1
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SENATE BILL 149 SECTION 1
1 SECTION 1. 940.225 (5) (b) 1. c. of the statutes is created to read:
2 940.225 (5) (b) 1. c. Touching by the complainant of the ejaculate, urine, or feces
3 of any person upon the intentional instructions of the defendant, upon the use or
4 threat of force or violence by the defendant, or upon an intentional act of the
5 defendant.
6 SECTION 2. 948.01 (5) (a) 3. of the statutes is created to read:
7 948.01 (5) (a) 3. Touching by the complainant of the ejaculate, urine, or feces
8 of any person upon the intentional instructions of the defendant, upon the use or
9 threat of force or violence by the defendant, or upon an intentional act of the
10 defendant.
11 (END)