Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Amber Otis, Senior Staff Attorney April 5, 2024
2023 Wisconsin Act 200
[2023 Senate Bill 333]
Sexual Misconduct by a School
Staff Member and DPI License
Revocations Based on Criminal
Convictions
2023 Wisconsin Act 200 creates a new crime prohibiting sexual misconduct by a school staff member
or volunteer against a pupil. The act also adds certain crimes, including the new crime of sexual
misconduct by school staff, to the list of crimes under state law that result in automatic revocation of
licenses issued by the State Superintendent of Public Instruction, and further requires permanent
revocation of such licenses if a licensee is convicted of certain crimes.
CRIME OF SEXUAL MISCONDUCT
Act 200 creates a new crime prohibiting an act of “sexual misconduct” against a pupil. Specifically,
under the act, any school staff member or volunteer who commits an act of sexual misconduct against a
pupil enrolled in the school is guilty of a Class I felony. The act applies to public or private elementary
or secondary schools, or a tribal school, and defines “school staff member” as “any person who provides
services to a school, or a school board, including an employee of a school or a school board and a person
who provides services to a school or a school board under a contract” and includes a bus driver.
For purposes of this crime, the term “sexual misconduct” means verbal contact of a sexual nature or
physical conduct of a sexual nature. More specifically, the act defines “verbal contact of a sexual nature”
as communications made intentionally for the purposes of either sexually degrading or sexually
humiliating the pupil or the actor, or sexually arousing or sexually gratifying the pupil or the actor. The
act further defines “physical contact of a sexual nature” as any of the following types of intentional
touching, whether direct or through clothing, if for the purpose of either sexually degrading or sexually
humiliating the pupil or the actor, or sexually arousing or sexually gratifying the pupil or the actor:
Intentional touching by the actor or, upon the actor’s instruction, by another person, by the use of
any body part or object.
Intentional touching by the pupil, by the use of any body part or object, of the actor or, if done upon
the actor’s instruction, another person.
The act also requires a child protective services agency or law enforcement officer who receives a report
of an alleged violation of the new crime of sexual misconduct by school staff to report the sexual
misconduct to the Department of Public Instruction (DPI).
LICENSE REVOCATION
Automatic Revocation
Under state law, the state superintendent may revoke any license granted by the state superintendent
for “incompetency” or “immoral conduct” by the licensee, after written notice of the charges and an
opportunity for defense. However, the state superintendent must revoke a license, without a hearing, if - 2 -
the licensee is convicted of any Class A, B, C, D, E, F, G, or H felony under ch. 940, Stats., titled Crimes
Against Life and Bodily Security, or ch. 948, Stats., titled Crimes Against Children.
1
Act 200 expands the list of crimes for which a conviction results in automatic license revocation to
include the following crimes, if the violation occurs on or after the act’s effective date:
Invasion of privacy under s. 942.08, Stats.
Representations depicting nudity under s. 942.09 (2), Stats.
Sexual misconduct by a school staff person or volunteer, as created by the act.
Exposing genitals, pubic area, or intimate parts under s. 948.10, Stats.
Exposing a child to harmful material under s. 948.11 (2) (a), Stats.
Theft under s. 943.20, Stats., if a felony violation and the property belonged to the school district.
A violation of federal law or the law of another state or jurisdiction that would constitute a violation
of any of the crimes for which automatic revocation is required, if committed in this state.
Permanent Revocation
State law generally prohibits the state superintendent from reinstating a revoked license for six years
following the date of the conviction, unless the conviction has been reversed, set aside, or vacated. After
the six-year period, the state superintendent may only reinstate a license revoked due to a felony
conviction if the licensee establishes by clear and convincing evidence that he or she is entitled to
reinstatement.
Act 200 creates an exception to the six-year default revocation period to require permanent license
revocation if a licensee is convicted of certain crimes. Specifically, the act prohibits the state
superintendent from reinstating a license that was automatically revoked due to a criminal conviction,
if the revocation was based on any of the following types of convictions:
A felony conviction for a violation of any crime against a child under ch. 948, Stats., that requires
automatic revocation under prior law maintained by the act, as described in footnote 2.
A felony conviction for a violation of the crime of invasion of privacy under 942.08, Stats., or the
crime of sexual misconduct by a school staff person or volunteer, created by the act.
A conviction for a violation of the crime of representations depicting nudity under s. 942.09 (2), if
the person depicted in the representation is a child.
A conviction for a violation of federal law or the law of another state or jurisdiction that would be a
violation of any of the crimes listed above, if committed in this state.
Effective date: March 24, 2024
For a full history of the bill, visit the Legislature’s bill history page.
AO:ksm
1
Specifically, the automatic revocation requirement applies to licensees who are convicted of any Class A, B, C, or D
felony under ch. 940 or 948, Stats., for a violation that occurred on or after September 12, 1991, or any Class E, F, G, or
H felony under ch. 940 or 948, Stats., for a violation that occurred on or after February 1, 2003. These provisions do
not apply, however, to the offense of homicide by negligent handling of a dangerous weapon, explosives, or fire under
s. 940.08, Stats., or the offense of battery or threat to a Department of Revenue employee under s. 940.205, Stats.