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Bills · 2017-2018 Regular Session

AB 414

Became law Official bill text Atom feed

Relating to: underage sexual activity and providing a criminal penalty. (FE)

Crime and criminals Sex crimes Youth Zoning

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill creates the offense of underage sexual activity. Under current law, a

person who has sexual intercourse or sexual contact with a child who is at least 13

but under 16 is guilty of a Class C felony. Under this bill, a person who has sexual

intercourse with a child who is between 15 and 18, or sexual contact with a child who

is 15, is guilty of a Class A misdemeanor if the person is less than 19 years old. Under

current law, a person may be required to register as a sex offender for certain crimes

that are sexually motivated if the judge determines that it would be in the interest

of public protection to have the person register. Under this bill, the new offense of

underage sexual activity would be subject to this provision. This bill does not affect

crimes involving sexual contact or intercourse by use or threat of force or violence.

Current law provides exceptions to the requirement to register as a sex offender

if the offender commits sexual assault of a child, repeated sexual assault of a child,

or sexual assault of a child in substitute care and the court makes certain findings

(commonly known as the Romeo and Juliet exceptions). For instance, the court must

find that the person had not attained the age of 19 years and was within four years

of the age of the victim. This bill adds specific acts of third-degree sexual assault to

the list of offenses eligible for the exception if the actor is under the age of 19 and the

victim is at least 15.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Ballweg (R) , Berceau (D) , Bernier (R) , Born (R) , Bowen (D) , Brandtjen (R) , Brostoff (D) , Crowley (D) , Duchow (R) , Edming (R) , Felzkowski (R) , Goyke (D) , Hebl (D) , Hintz (D) , Horlacher (R) , Hutton (R) , Jagler (R) , Jarchow (R) , Kessler (D) , Kleefisch (R) , Knodl (R) , Kooyenga (R) , Krug (R) , Kuglitsch (R) , Milroy (D) , Neylon (R) , Novak (R) , Ohnstad (D) , Petersen (R) , Pope (D) , Quinn (R) , Sinicki (D) , Snyder (R) , Swearingen (R) , Tauchen (R) , Tittl (R) , Tranel (R) , Vorpagel (R) , Weatherston (R) , Zepnick (D)

7 cosponsors

Harsdorf (R) , Johnson (D) , L. Taylor (D) , Petrowski (R) , Risser (D) , Rohrkaste (R) , Wanggaard (R)

Votes

Assembly: Report passage recommended by Committee on Criminal Justice and Public Safety, Ayes 11, Noes 1

Passed 11–1 Nov 6, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

Passed 5–0 Jan 16, 2018 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Jun 29, 2017 · Assembly

    Introduced by Representatives Kleefisch, Kessler, Duchow, Felzkowski, Ballweg, Berceau, Bernier, Born, Bowen, Brandtjen, Brostoff, Crowley, Edming, Goyke, Hebl, Hintz, Horlacher, Hutton, Jagler, Jarchow, Knodl, Kooyenga, Krug, Kuglitsch, Milroy, Neylon, Novak, Ohnstad, Petersen, Pope, Quinn, Sinicki, Snyder, Swearingen, Tauchen, Tittl, Tranel, Vorpagel, Weatherston and Zepnick; cosponsored by Senators Wanggaard, L. Taylor, Johnson, Harsdorf and Petrowski

  2. Jun 29, 2017 · Assembly

    Read first time and referred to Committee on Criminal Justice and Public Safety

  3. Jul 7, 2017 · Assembly

    Fiscal estimate received

  4. Jul 11, 2017 · Assembly

    Fiscal estimate received

  5. Jul 11, 2017 · Assembly

    Fiscal estimate received

  6. Aug 3, 2017 · Assembly

    Fiscal estimate received

  7. Sep 19, 2017 · Assembly

    Assembly Amendment 1 offered by Representatives Kleefisch and Kessler

  8. Oct 5, 2017 · Assembly

    Public hearing held

  9. Oct 31, 2017 · Assembly

    Executive action taken

  10. Nov 6, 2017 · Assembly

    Referred to committee on Rules

  11. Nov 6, 2017 · Assembly

    Report passage recommended by Committee on Criminal Justice and Public Safety, Ayes 11, Noes 1

  12. Nov 7, 2017 · Assembly

    Placed on calendar 11-9-2017 by Committee on Rules

  13. Nov 9, 2017 · Assembly

    Read a second time

  14. Nov 9, 2017 · Assembly

    Assembly Amendment 2 offered by Representatives Kleefisch and Kessler

  15. Nov 9, 2017 · Assembly

    Assembly Amendment 2 adopted

  16. Nov 9, 2017 · Assembly

    Ordered to a third reading

  17. Nov 9, 2017 · Assembly

    Rules suspended

  18. Nov 9, 2017 · Assembly

    Read a third time and passed

  19. Nov 9, 2017 · Assembly

    Representative Rohrkaste added as a coauthor

  20. Nov 9, 2017 · Assembly

    Ordered immediately messaged

  21. Nov 9, 2017 · Senate

    Received from Assembly

  22. Nov 14, 2017 · Senate

    Read first time and referred to committee on Judiciary and Public Safety

  23. Jan 11, 2018 · Senate

    Public hearing held

  24. Jan 16, 2018 · Senate

    Senator Risser added as a cosponsor

  25. Jan 16, 2018 · Senate

    Executive action taken

  26. Jan 16, 2018 · Senate

    Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  27. Jan 16, 2018 · Senate

    Available for scheduling

  28. Feb 14, 2018 · Senate

    Senate Amendment 1 offered by Senator Wanggaard

  29. Feb 20, 2018 · Senate

    Rules suspended to withdraw from committee on Senate Organization and take up

  30. Feb 20, 2018 · Senate

    Read a second time

  31. Feb 20, 2018 · Senate

    Senate Amendment 1 adopted

  32. Feb 20, 2018 · Senate

    Ordered to a third reading

  33. Feb 20, 2018 · Senate

    Rules suspended

  34. Feb 20, 2018 · Senate

    Read a third time and concurred in as amended

  35. Feb 20, 2018 · Senate

    Ordered immediately messaged

  36. Feb 20, 2018 · Assembly

    Received from Senate amended and concurred in as amended (Senate amendment 1 adopted)

  37. Feb 20, 2018 · Assembly

    Senate Amendment 1 concurred in

  38. Feb 20, 2018 · Assembly

    Action ordered immediately messaged

  39. Feb 26, 2018 · Assembly

    Report correctly enrolled on 2-26-2018

  40. Mar 27, 2018 · Assembly

    Presented to the Governor on 3-27-2018

  41. Mar 28, 2018 · Assembly

    Report approved by the Governor on 3-28-2018. 2017 Wisconsin Act 174

  42. Mar 28, 2018 · Assembly

    Published 3-29-2018