Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB732 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 732
5	5	December 6, 2023 - Introduced by Representatives SNODGRASS, SHELTON, J.
6	6	ANDERSON, CONLEY, CONSIDINE, DRAKE, EMERSON, JACOBSON, JOERS, MADISON,
7	7	OHNSTAD, ORTIZ-VELEZ, PALMERI, RATCLIFF, SINICKI and STUBBS, cosponsored by
8	8	Senators AGARD, ROYS, L. JOHNSON, LARSON, PFAFF, SMITH and SPREITZER.
9	9	Referred to Committee on Judiciary.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 895.439 of the statutes; relating to: establishing a civil cause
12	12	of action for nonconsensual removal or tampering with a sexually protective
13	13	device.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill establishes a civil cause of action for damages for nonconsensual
16	16	removal or tampering with a sexually protective device. The bill defines a sexually
17	17	protective device as a male or female condom, spermicide, diaphragm, cervical cap,
18	18	contraceptive sponge, dental dam, or any other physical device intended to prevent
19	19	pregnancy or sexually transmitted infection.
20	20	Under the bill, a person who engaged in sexual intercourse or sexual contact
21	21	that was mutually agreed upon by the parties involved with the explicit
22	22	understanding and knowledge that a sexually protective device would be used to help
23	23	prevent or safeguard against pregnancy or a sexually transmitted infection has a
24	24	civil cause of action against that other person if the other person 1) intentionally and
25	25	without consent removed or tampered with the sexually protective device during
26	26	sexual intercourse or sexual contact, in a manner likely to render such device
27	27	ineffective for its common purpose; 2) intentionally and without consent used a
28	28	sexually protective device during such sexual intercourse or sexual contact that the
29	29	other person knew had been tampered with in a manner likely to render such device
30	30	ineffective for its common purpose; or 3) intentionally misled the plaintiff into
31	31	believing that a sexually protective device was being used by that other person
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36	36	ASSEMBLY BILL 732
37	37	during sexual intercourse or sexual contact, and that sexually protective device was
38	38	known by the other person to be either not used or inoperable.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 895.439 of the statutes is created to read:
42	42	895.439 Action for nonconsensual removal or tampering with a
43	43	sexually protective device. (1) In this section:
44	44	(a) “Sexual contact” has the meaning given in s. 940.225 (5) (b).
45	45	(b) “Sexual intercourse” has the meaning given in s. 940.225 (5) (c).
46	46	(c) “Sexually protective device” means a male or female condom, spermicide,
47	47	diaphragm, cervical cap, contraceptive sponge, dental dam, or any other physical
48	48	device intended to prevent pregnancy or sexually transmitted infection.
49	49	(2) Any person who engaged in sexual intercourse or sexual contact with
50	50	another person that was mutually agreed upon by the parties involved with the
51	51	explicit understanding and knowledge that a sexually protective device would be
52	52	used to help prevent or safeguard against pregnancy or a sexually transmitted
53	53	infection has a civil cause of action for damages against that other person under any
54	54	of the following conditions:
55	55	(a) The other person intentionally and without consent removed or tampered
56	56	with the sexually protective device during sexual intercourse or sexual contact, in a
57	57	manner likely to render such device ineffective for its common purpose.
58	58	(b) The other person intentionally and without consent used a sexually
59	59	protective device during such sexual intercourse or sexual contact that the other
60	60	person knew had been tampered with in a manner likely to render such device
61	61	ineffective for its common purpose.
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85	85	SECTION 1
86	86	ASSEMBLY BILL 732
87	87	(c) The other person intentionally misled the person into believing that a
88	88	sexually protective device was being used by that other person during sexual
89	89	intercourse or sexual contact, and that sexually protective device was known by the
90	90	other person to be either not used or inoperable.
91	91	(3) Past consent to sexual activity without the use of a sexually protective
92	92	device does not alone constitute consent to sexual activity without the use of a
93	93	sexually protective device at any future time.
94	94	(4) Damages recovered by a plaintiff under this section shall include
95	95	compensatory damages and, in addition, the court may award punitive damages and
96	96	such other nonmonetary relief as may be appropriate. In awarding damages, the
97	97	court may consider the emotional impact of the defendant's conduct, including the
98	98	risk of sexually transmitted diseases, and the risk of nonconsensual pregnancy.
99	99	(5) Nothing in this section may be considered to abrogate or otherwise limit any
100	100	right or remedy otherwise conferred by federal or state law, including any right or
101	101	remedy related to child support. No award under this section may be used to offset
102	102	any child support obligations.
103	103	SECTION 2.0Initial applicability.
104	104	(1) This act first applies to acts occurring on the effective date of this subsection.
105	105	SECTION 3.0Effective date.
106	106	(1) This act takes effect on first day of the 3rd month beginning after
107	107	publication.
108	108	(END)
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