LRB-2672/1
SWB&CMH:skw&emw
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1229
April 11, 2024 - Introduced by Representatives J. ANDERSON, CONLEY, C. ANDERSON,
ANDRACA, BARE, CLANCY, CONSIDINE, DOYLE, EMERSON, HONG, JACOBSON, JOERS,
MADISON, MOORE OMOKUNDE, NEUBAUER, OHNSTAD, PALMERI, RATCLIFF,
SHANKLAND, SHELTON, SINICKI, SNODGRASS and SUBECK, cosponsored by
Senators SPREITZER, SMITH, AGARD and LARSON. Referred to Committee on
Family Law.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 765.02 (2); to renumber 765.02 (1); to amend 48.14 (6), 765.11
(1), 765.30 (2) (a), 767.313 (1) (c), 948.09 and 948.093; and to create 767.185
of the statutes; relating to: the age for marriage and eliminating spousal
exceptions for certain sex crimes against children.
Analysis by the Legislative Reference Bureau
This bill eliminates an existing exception to the marriageable age for certain
minors between the ages of 16 and 18 and, accordingly, establishes that all persons
must be 18 years of age or older in order to marry.
Under current law, a person who is at least 16 years old, but under 18 years old,
may obtain a marriage license if the person provides the county clerk with written
consent from the person's parents, guardian, custodian, or parent having the actual
care, custody, and control of the person. The required written consent must meet
certain formal requirements for verification and must be filed with the county clerk
at the time the person files an application for a marriage license. In certain limited
circumstances, a court may provide the required written consent. The bill eliminates
any exception to the general requirement that a person must be 18 years of age or
older in order to marry.
Under current law, a person who is at least 19 years old who has sexual
intercourse with a child who is at least 16 years old is guilty of a Class A
misdemeanor, unless the child is the person's spouse. Current law also provides that
a person who is under 19 who has sexual contact with a child who is 15 years old or
who has sexual intercourse with a child who is at least 15 is guilty of a Class A
1
2
3
4 - 2 -2023 - 2024 Legislature LRB-2672/1
SWB&CMH:skw&emw
ASSEMBLY BILL 1229
misdemeanor unless the person is the child's spouse. The bill eliminates these
spousal exceptions unless the person was a child when the marriage occurred.
Current law provides that a court may annul a marriage on certain grounds,
including if a party was 16 or 17 years of age and did not have the consent of a parent
or guardian or judicial approval or if the party was under 16 years of age. In those
circumstances, current law allows the underaged person or a parent or guardian to
bring suit at any time before the underaged person turns 18 but requires that the
parent or guardian bring suit within one year of obtaining knowledge of the
marriage. Under the bill, a person who was under the age of 18 at the time of the
marriage may bring suit for annulment within 10 years of the marriage. The bill also
allows a parent or guardian to bring suit for annulment at any time prior to the
underaged party turning 18 and eliminates the requirement that such a suit be
brought within one year of obtaining knowledge of the marriage.
Finally, the bill expressly provides that a married minor may file an action for
divorce or legal separation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 48.14 (6) of the statutes is amended to read:
48.14 (6) Consent to marry under s. 765.02, 2021 stats.
SECTION 2. 765.02 (1) of the statutes is renumbered 765.02.
SECTION 3. 765.02 (2) of the statutes is repealed.
SECTION 4. 765.11 (1) of the statutes is amended to read:
765.11 (1) If any parent, grandparent, child, or natural guardian of a minor
applicant for a marriage license, any brother, sister, or guardian of either of the
applicants for a marriage license, either of the applicants, the district attorney, or a
circuit court commissioner believes that the statements of the application are false
or insufficient, or that an applicant is adjudicated incompetent without the right to
marry, that person may file with the court having probate jurisdiction in the county
in which the marriage license is applied for, a petition under oath, setting forth the
grounds of objection to the marriage, and asking for an order requiring the parties
making the application to show cause why the marriage license should not be
1
2
3
4
5
6
7
8
9
10
11
12
13
14 - 3 -2023 - 2024 Legislature
LRB-2672/1
SWB&CMH:skw&emw
SECTION 4
ASSEMBLY BILL 1229
refused. Whereupon, the court, if satisfied that the grounds of objection are prima
facie valid, shall issue an order to show cause as aforesaid, returnable as the court
directs, but not more than 14 days after the date of the order, which shall be served
forthwith upon the applicants for the marriage license residing in the state, and upon
the clerk before whom the application has been made, and shall operate as a stay
upon the issuance of the marriage license until further ordered; if either or both of
the applicants are nonresidents of the state the order shall be served immediately
upon the nonresident by publication of a class 1 notice, under ch. 985, in the county
in which the application is pending, and by mailing a copy thereof to the nonresident
at the address contained in the application.
SECTION 5. 765.30 (2) (a) of the statutes is amended to read:
765.30 (2) (a) Penalty for false statement. Any person who in any affidavit or
statement made under s. 765.02 (2), 765.09 or 765.11, willfully and falsely swears,
or who procures another to swear falsely in regard to any material fact relating to
the competency of either or both of the parties applying for a marriage license, or as
to the ages of such parties, if minors, or who falsely pretends to be the parent or
guardian having authority to give consent to the marriage of such minor.
SECTION 6. 767.185 of the statutes is created to read:
767.185 Action for divorce or legal separation by minor. A person who
is under the age of 18 and who is married may file an action for divorce or legal
separation.
SECTION 7. 767.313 (1) (c) of the statutes is amended to read:
767.313 (1) (c) A party was 16 or 17 years of age and did not have the consent
of his or her parent or guardian or judicial approval, or a party was under 16 18 years
of age. Suit may be brought by the underaged party or within 10 years of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 4 -2023 - 2024 Legislature LRB-2672/1
SWB&CMH:skw&emw
SECTION 7 ASSEMBLY BILL 1229
marriage or by a parent or guardian at any time prior to the party's attaining the age
of 18 years, but a parent or guardian must bring suit within one year of obtaining
knowledge of the marriage.
SECTION 8. 948.09 of the statutes is amended to read:
948.09 Sexual intercourse with a child age 16 or older. Whoever has
sexual intercourse with a child who is not the defendant's spouse and who has
attained the age of 16 years is guilty of a Class A misdemeanor if the defendant has
attained the age of 19 years when the violation occurs. This section does not apply
if the child is the defendant's spouse and the defendant was a child when the
marriage occurred.
SECTION 9. 948.093 of the statutes is amended to read:
948.093 Underage sexual activity. Whoever has sexual contact with a child
who has attained the age of 15 years but has not attained the age of 16 years, or
whoever has sexual intercourse with a child who has attained the age of 15 years, is
guilty of a Class A misdemeanor if the actor has not attained the age of 19 years when
the violation occurs. This section does not apply if the actor is the child's spouse and
the actor was a child when the marriage occurred.
SECTION 10.0Initial applicability.
(1) The treatment of ss. 948.09 and 948.093 first applies to an action that occurs
on the effective date of this subsection.
(2) The treatment of s. 767.313 (1) (c) first applies to an action for annulment
filed on the effective date of this subsection.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23