AB 289

2017 Wisconsin Act 174

created the offense of underage sexual activity. Before

Act 174, a person who was convicted of sexual intercourse or sexual contact with a

child who was at least 13 but under 16 was guilty of a felony. Under Act 174, the

offense of underage sexual activity changed the classification of the crime so that 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

under 19 years old.

This bill allows persons who were convicted of a sex offense against a child that

occurred before the effective date of

2017 Wisconsin Act 174

(March 30, 2018) to

petition a court to vacate that conviction and enter a conviction for the lesser offense

of underage sexual activity if the person could have been convicted of the lesser

offense if the violation had occurred after March 30, 2018.