Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB321 Compare Versions

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Version 2 (New)

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1		-	Date of enactment: March 27, 2024
2		-	2023 Senate Bill 321 Date of publication*: March 28, 2024
3		-	2023 WISCONSIN ACT 225
4		-	AN ACT to create 944.19 of the statutes; relating to: child sex dolls and providing a penalty.
5		-	The people of the state of Wisconsin, represented in
6		-	senate and assembly, do enact as follows:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 321
	5	+	June 7, 2023 - Introduced by Senators JAMES, HUTTON, TOMCZYK and WANGGAARD,
	6	+	cosponsored by Representatives GOEBEN, BODDEN, BEHNKE, BRANDTJEN,
	7	+	DITTRICH, GUNDRUM, GUSTAFSON, HURD, S. JOHNSON, MACCO, MAXEY,
	8	+	MICHALSKI, MURPHY, MURSAU, MYERS, NEDWESKI, O'CONNOR, RETTINGER,
	9	+	ROZAR, SCHRAA, SNYDER, SORTWELL, STUBBS, SUBECK, TITTL and WICHGERS.
	10	+	Referred to Committee on Judiciary and Public Safety.
	11	+	*AUTHORS SUBJECT TO CHANGE*
	12	+	AN ACT to create 944.19 of the statutes; relating to: child sex dolls and
	13	+	providing a penalty.
	14	+	Analysis by the Legislative Reference Bureau
	15	+	This bill makes it a crime to intentionally possess a “child sex doll,” which is
	16	+	defined under the bill to be an anatomically correct doll, mannequin, or robot, with
	17	+	features that resemble a minor that is intended for use in sex acts, for sexual
	18	+	gratification, or for manipulating children into participating in sex acts, instructing
	19	+	children how to participate in sex acts, or normalizing sexual behavior with children.
	20	+	The penalties for the crime vary depending on whether the violation is a repeat
	21	+	offense, how many such dolls are possessed, and past convictions for other crimes
	22	+	against children. For a first offense involving fewer than three dolls, it is a Class I
	23	+	felony; for a second offense or for a first offense involving at least three dolls, it is a
	24	+	Class H felony; and for a third or subsequent offense, it is a Class G felony. If the doll
	25	+	is intended to resemble a specific minor, then the possession of it is a Class E felony
	26	+	for a first offense and a Class D felony for a repeat offense. The bill provides that the
	27	+	felony classification for any of the above offenses increases by one classification if the
	28	+	person has a prior conviction for intentional physical abuse of a child, first-degree
	29	+	sexual assault of a child, sexual exploitation of a child, use of a computer to facilitate
	30	+	a child sex crime, or possession of child pornography.
	31	+	The bill also prohibits intentionally selling, transferring, advertising,
	32	+	displaying, or providing premises for the use of a child sex doll. For a first offense,
	33	+	it is a Class I felony; for a second offense, it is a Class H felony; and for a third or
	34	+	subsequent offense, it is a Class G felony. The bill prohibits intentionally selling,
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	39	+	transferring, advertising, or displaying instructions on how to create a child sex doll
	40	+	or materials intended to create a child sex doll. For a first offense, it is a Class F
	41	+	felony, and for a repeat offense, it is a Class E felony. Similarly, the bill prohibits
	42	+	intentionally manufacturing a child sex doll. For a first offense, it is a Class F felony,
	43	+	and for a repeat offense, it is a Class E felony, except that, if the doll being
	44	+	manufactured is intended to resemble a specific minor, then it is a Class E felony for
	45	+	a first offense and a Class D felony for a repeat offense. The bill provides that the
	46	+	felony classification for any of the above offenses increases by one classification if the
	47	+	person has a prior conviction for intentional physical abuse of a child, first-degree
	48	+	sexual assault of a child, sexual exploitation of a child, use of a computer to facilitate
	49	+	a child sex crime, or possession of child pornography.
	50	+	The bill exempts from the created prohibitions law enforcement officers,
	51	+	physicians, psychologists, attorneys, court officers, and others involved in law
	52	+	enforcement or child therapy if the actions are taken in the lawful performance of
	53	+	their duty.
	54	+	Because this bill creates a new crime or revises a penalty for an existing crime,
	55	+	the Joint Review Committee on Criminal Penalties may be requested to prepare a
	56	+	report.
	57	+	The people of the state of Wisconsin, represented in senate and assembly, do
	58	+	enact as follows:
7	59		SECTION 1. 944.19 of the statutes is created to read:
8		-	944.19 Prohibiting child sex dolls. (1) In this sec-
9		-	tion, “child sex doll” means an anatomically correct
10		-	doll, mannequin, or robot, with features that are
11		-	intended to resemble a minor that is intended for use in
12		-	sex acts, for sexual gratification, or for the purpose of
13		-	manipulating children into participating in sex acts,
14		-	instructing children how to participate in sexual acts, or
15		-	normalizing sexual behavior with children.
16		-	(2) (a) No person may intentionally possess a child
17		-	sex doll. A person who violates this paragraph is guilty
18		-	of the following:
19		-	1. For a first offense involving fewer than 3 child sex
20		-	dolls, a Class I felony.
21		-	2. For a 2nd offense or for an offense involving at
22		-	least 3 child sex dolls, a Class H felony.
	60	+	944.19 Prohibiting child sex dolls. (1) In this section, “child sex doll” means
	61	+	an anatomically correct doll, mannequin, or robot, with features that are intended
	62	+	to resemble a minor that is intended for use in sex acts, for sexual gratification, or
	63	+	for the purpose of manipulating children into participating in sex acts, instructing
	64	+	children how to participate in sexual acts, or normalizing sexual behavior with
	65	+	children.
	66	+	(2) (a) No person may intentionally possess a child sex doll. A person who
	67	+	violates this paragraph is guilty of the following:
	68	+	1. For a first offense involving fewer than 3 child sex dolls, a Class I felony.
	69	+	2. For a 2nd offense or for an offense involving at least 3 child sex dolls, a Class
	70	+	H felony.
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23	87		3. For a 3rd or subsequent offense, a Class G felony.
24		-	4. For a first offense involving a child sex doll that
25		-	is intended to resemble a specific minor, a Class E
26		-	felony.
27		-	5. For a 2nd or subsequent offense involving a child
28		-	sex doll that is intended to resemble a specific minor, a
29		-	Class D felony.
30		-	(b) No person may intentionally sell, transfer pos-
31		-	session of, advertise, display, or provide premises for
32		-	the use of, or offer to sell, transfer possession of, adver-
33		-	tise, display, or provide premises for the use of, a child
34		-	sex doll. A person who violates this paragraph is guilty
35		-	of the following:
	88	+	4. For a first offense involving a child sex doll that is intended to resemble a
	89	+	specific minor, a Class E felony.
	90	+	5. For a 2nd or subsequent offense involving a child sex doll that is intended
	91	+	to resemble a specific minor, a Class D felony.
	92	+	(b) No person may intentionally sell, transfer possession of, advertise, display,
	93	+	or provide premises for the use of, or offer to sell, transfer possession of, advertise,
	94	+	display, or provide premises for the use of, a child sex doll. A person who violates this
	95	+	paragraph is guilty of the following:
36	96		1. For a first offense, a Class I felony.
37	97		2. For a 2nd offense, a Class H felony.
38	98		3. For a 3rd or subsequent offense, a Class G felony.
39		-	(c) No person may intentionally sell, transfer pos-
40		-	session of, advertise, or display, or offer to sell, transfer
41		-	possession of, advertise, or display, instructions on how
42		-	to create a child sex doll or materials intended to create
43		-	a child sex doll. A person who violates this paragraph
44		-	is guilty of the following:
	99	+	(c) No person may intentionally sell, transfer possession of, advertise, or
	100	+	display, or offer to sell, transfer possession of, advertise, or display, instructions on
	101	+	how to create a child sex doll or materials intended to create a child sex doll. A person
	102	+	who violates this paragraph is guilty of the following:
45	103		1. For a first offense, a Class F felony.
46	104		2. For a 2nd or subsequent offense, a Class E felony.
47		-	(d) No person may intentionally manufacture a
48		-	child sex doll. A person who violates this paragraph is
49		-	guilty of the following:
	105	+	(d) No person may intentionally manufacture a child sex doll. A person who
	106	+	violates this paragraph is guilty of the following:
50	107		1. For a first offense, a Class F felony.
51	108		2. For a 2nd or subsequent offense, a Class E felony.
52		-	3. For a first offense involving a child sex doll that
53		-	is intended to resemble a specific minor, a Class E
54		-	felony.
55		-	4. For a 2nd or subsequent offense involving a child
56		-	sex doll that is intended to resemble a specific minor, a
57		-	Class D felony.
58		-	(3) A person who commits a violation under sub. (2)
59		-	is guilty of a felony that is one classification higher than
60		-	the penalty provided under sub. (2) if the person has one
61		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
62		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 225 2023 Senate Bill 321
63		-	or more prior convictions for a violation under s. 948.02
64		-	(1), 948.025 (1) (a) to (d), 948.03 (2), 948.05, 948.075,
65		-	or 948.12.
66		-	(4) (a) Subsection (2) does not apply to a law
67		-	enforcement officer, physician, psychologist, attorney,
68		-	officer of the court, or other person involved in law
69		-	enforcement or child therapy in the lawful performance
70		-	of his or her duty.
71		-	(b) Subsection (2) (b) and (d) do not apply to a man-
72		-	ufacturer or distributor who is providing or manufactur-
73		-	ing a child sex doll for a use described in par. (a).
	109	+	3. For a first offense involving a child sex doll that is intended to resemble a
	110	+	specific minor, a Class E felony.
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	137	+	4. For a 2nd or subsequent offense involving a child sex doll that is intended
	138	+	to resemble a specific minor, a Class D felony.
	139	+	(3) A person who commits a violation under sub. (2) is guilty of a felony that
	140	+	is one classification higher than the penalty provided under sub. (2) if the person has
	141	+	one or more prior convictions for a violation under s. 948.02 (1), 948.025 (1) (a) to (d),
	142	+	948.03 (2), 948.05, 948.075, or 948.12.
	143	+	(4) (a) Subsection (2) does not apply to a law enforcement officer, physician,
	144	+	psychologist, attorney, officer of the court, or other person involved in law
	145	+	enforcement or child therapy in the lawful performance of his or her duty.
	146	+	(b) Subsection (2) (b) and (d) do not apply to a manufacturer or distributor who
	147	+	is providing or manufacturing a child sex doll for a use described in par. (a).
74	148		SECTION 2.0Initial applicability.
75		-	(1) This act first applies to violations committed on
76		-	the effective date of this subsection but does not pre-
77		-	clude the counting of offenses committed before the
78		-	effective date of this subsection as a prior convictions
79		-	under s. 944.19 (3).
	149	+	(1) This act first applies to violations committed on the effective date of this
	150	+	subsection but does not preclude the counting of offenses committed before the
	151	+	effective date of this subsection as a prior convictions under s. 944.19 (3).
	152	+	(END)
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