2025 - 2026 LEGISLATURE
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2025 ASSEMBLY BILL 201
April 16, 2025 - Introduced by Representatives SNYDER, B. JACOBSON, SPIROS,
ARMSTRONG, BEHNKE, BRILL, CALLAHAN, DITTRICH, GOEBEN, GUNDRUM,
JOERS, KAUFERT, KNODL, KREIBICH, KRUG, MAXEY, MCCARVILLE, MIRESSE,
MOSES, NOVAK, O'CONNOR, PIWOWARCZYK, RODRIGUEZ, SINICKI, STEFFEN,
STUBBS, SUBECK and WICHGERS, cosponsored by Senators JAMES, TOMCZYK,
CABRAL-GUEVARA and QUINN. Referred to Committee on Criminal Justice and
Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 48.685 (1) (c) 2., 48.686 (1) (c) 1., 51.20 (13) (ct) 1m. a., 51.20
(13) (ct) 1m. b., 115.31 (2g) (c) 1., 115.31 (2r) (c) 3., 301.45 (1p) (b), 901.08 (1)
(b), 938.34 (15m) (am) 1., 938.34 (15m) (am) 2., 938.345 (3) (d), 940.03, 946.82
(4), 949.03 (2), 949.05 (intro.), 949.06 (1m) (b), 949.08 (2) (a), 968.26 (1b) (a) 2.
a., 971.17 (1m) (b) 1m. a., 971.17 (1m) (b) 1m. b., 972.11 (2) (b) (intro.), 972.11
(2) (d) 1. (intro.), 973.048 (1m) (a), 973.048 (1m) (b) and 995.50 (2) (am) 4.; to
create 62.50 (1e) (cm), 942.095 and 949.03 (1s) of the statutes; relating to:
extortion, sexual extortion, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a new crime for activity known as Xsextortion.Y Under the
bill, it is a generally a Class I felony for a person to do any of the following:
1. Threaten to injure the property or reputation of another to coerce that
person to engage in sexual conduct or to produce an intimate representation.
2. Threaten to commit violence against another to coerce that person to
engage in sexual conduct or to produce an intimate representation.
3. Threaten to distribute an intimate representation of another person with
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intent to coerce that person to engage in sexual conduct, produce an intimate
representation, or to provide payment of money, property, services, or anything of
value, or to do or refrain from doing any act against that person[s will.
Under the bill, such a violation is a Class H felony if the victim, as a result of
the violation, engages in sexual conduct, produces an intimate representation,
provides the payment of money, property, services, or any other thing of value, or
suffers great bodily harm or if the victim is under age 18 and the defendant is not
more than four years older than the victim, and such a violation is a Class G felony
if the defendant was previously convicted of a sexually violent offense, the violation
was committed during the course of a child abduction, or the victim is under age 18
and the defendant is more than four years older than the victim. Additionally, the
bill provides that a person may be prosecuted for felony murder if the person
commits extortion or sexual extortion and as a result of the violation causes the
death of the victim.
Under current law, extortion generally is punishable as a Class I felony, and
the penalty for felony murder is imprisonment for up to 15 years longer than the
maximum term of imprisonment for the crime that caused the victim[s death.
Under current law, a Class I felony is punishable by a fine of up to $10,000 or
imprisonment for up to three years and six months, or both; a Class H felony is
punishable by a fine of up to $10,000 or imprisonment for up to six years, or both;
and a Class G felony is punishable by a fine of up to $25,000 or imprisonment for up
to 10 years, or both.
This bill also provides that a crime victim, or the victim[s family member, is
eligible for payment from the Department of Justice[s crime victim compensation
fund if the crime victim is a victim of extortion or sexual extortion and is injured or
dies as a result of the crime and provides that a crime victim, or the victim[s family
member, may be compensated for death or injury that results from suicide or
attempted suicide if the crime was a substantial causal factor in the victim[s suicide
or attempted suicide.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 48.685 (1) (c) 2. of the statutes is amended to read:
48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
(2), (4), (5), or (6), 940.198 (2), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2),
940.29, 940.295, 942.09 (2), 942.095, 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a)
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1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085,
948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or 948.53.
SECTION 2. 48.686 (1) (c) 1. of the statutes is amended to read:
48.686 (1) (c) 1. A violation of s. 940.12, 940.22 (2) or (3), 940.285 (2), 940.29,
940.295, or 942.09 (2), or 942.095.
SECTION 3. 51.20 (13) (ct) 1m. a. of the statutes is amended to read:
51.20 (13) (ct) 1m. a. Except as provided in subd. 2m., if the subject individual
is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1.
and is found to have committed any violation, or to have solicited, conspired, or
attempted to commit any violation, of ch. 940, 944, or 948 or s. 942.08 or, 942.09, or
942.095, or ss. 943.01 to 943.15, the court may require the subject individual to
comply with the reporting requirements under s. 301.45 if the court determines
that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and
that it would be in the interest of public protection to have the subject individual
report under s. 301.45.
SECTION 4. 51.20 (13) (ct) 1m. b. of the statutes is amended to read:
51.20 (13) (ct) 1m. b. If a court under subd. 1m. a. orders a person to comply
with the reporting requirements under s. 301.45 in connection with the commission
of a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s.
942.09 or 942.095, the court may provide that the person be released from the
requirement to comply with the reporting requirements under s. 301.45 upon
satisfying conditions specified by the court. If the person satisfies the conditions,
the court shall notify the department of corrections that the person has satisfied
the conditions.
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SECTION 5. 62.50 (1e) (cm) of the statutes is created to read:
62.50 (1e) (cm) Section 942.095.
SECTION 6. 115.31 (2g) (c) 1. of the statutes is amended to read:
115.31 (2g) (c) 1. A violation of s. 942.08, 942.09 (2), 942.095, 948.098, 948.10,
or 948.11 (2) (a).
SECTION 7. 115.31 (2r) (c) 3. of the statutes is amended to read:
115.31 (2r) (c) 3. A conviction for a violation of s. 942.09 (2) or 942.095 if the
person depicted in the representation is a child.
SECTION 8. 301.45 (1p) (b) of the statutes is amended to read:
301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order
that was entered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a),
971.17 (1m) (b) 1m., or 973.048 (1m) in connection with a violation, or the
solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095,
and the court provided in the order that the person be released from the
requirement to comply with the reporting requirements under this section upon
satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the
dispositional order under subch. VI of ch. 938, upon the termination or expiration of
a commitment order under s. 971.17, or upon successful completion of the sentence
or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the
person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the
dispositional order under subch. VI of ch. 938, the commitment order under s.
971.17 is terminated or expires, or the person successfully completes the sentence
or probation, whichever is applicable, the person is no longer required to comply
with the reporting requirements under this section.
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SECTION 9. 901.08 (1) (b) of the statutes is amended to read:
901.08 (1) (b) XSexual misconductY includes a violation of s. 940.22 (2),
940.225 (1), (2), or (3), 940.32, 942.08, 942.09, 942.095, 948.02, 948.025, 948.05 (1)
or (1m), 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.081, 948.09, 948.095,
948.10, or 948.11 (2) and includes sexual harassment, as defined in s. 111.32 (13).
SECTION 10. 938.34 (15m) (am) 1. of the statutes is amended to read:
938.34 (15m) (am) 1. Except as provided in par. (bm), if the juvenile is
adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy,
or attempt to commit any violation, under ch. 940, 944, or 948 or s. 942.08 or,
942.09, or 942.095, or ss. 943.01 to 943.15, the court may require the juvenile to
comply with the reporting requirements under s. 301.45 if the court determines
that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and
that it would be in the interest of public protection to have the juvenile report under
s. 301.45.
SECTION 11. 938.34 (15m) (am) 2. of the statutes is amended to read:
938.34 (15m) (am) 2. If the court under subd. 1. orders the juvenile to comply
with the reporting requirements under s. 301.45 in connection with a violation, or
the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095,
the court may provide that the juvenile be released from the requirement to comply
with the reporting requirements under s. 301.45 upon satisfying the conditions of
the dispositional order imposed for the offense. If the juvenile satisfies the
conditions of the dispositional order, the court shall notify the department of
corrections that the juvenile has satisfied the conditions of the dispositional order.
SECTION 12. 938.345 (3) (d) of the statutes is amended to read:
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938.345 (3) (d) If the court under par. (a) orders the juvenile to comply with
the reporting requirements under s. 301.45 in connection with a violation, or the
solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095, the
court may provide that the juvenile be released from the requirement to comply
with the reporting requirements under s. 301.45 upon satisfying the conditions of
the dispositional order imposed for the offense. If the juvenile satisfies the
conditions of the dispositional order, the clerk of the court shall notify the
department of corrections and the department of children and families that the
juvenile has satisfied the conditions of the dispositional order.
SECTION 13. 940.03 of the statutes is amended to read:
940.03 Felony murder. Whoever causes the death of another human being
while committing or attempting to commit a crime specified in s. 940.19, 940.195,
940.20, 940.201, 940.203, 940.204, 940.225 (1) or (2) (a), 940.30, 940.31, 942.095,
943.02, 943.10 (2), 943.231 (1), 943.30, 943.31, or 943.32 (2) may be imprisoned for
not more than 15 years in excess of the maximum term of imprisonment provided
by law for that crime or attempt.
SECTION 14. 942.095 of the statutes is created to read:
942.095 Sexual extortion. (1) In this section:
(a) XIntimate representationY has the meaning given in s. 942.09 (1) (ag).
(b) XSexual conductY has the meaning given in s. 944.21 (2) (e).
(2) Except as provided in sub. (3), whoever does any of the following is guilty
of a Class I felony:
(a) Threatens to injure the property or reputation of another person with the
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intent to coerce that person to engage in sexual conduct or to produce an intimate
representation of that person.
(b) Threatens to commit violence against another person with the intent to
coerce that person to engage in sexual conduct or to produce an intimate
representation of that person.
(c) Threatens to distribute an intimate representation of another person with
the intent to coerce that person to engage in sexual conduct, to produce another
intimate representation of that person, to provide the payment of money, property,
services, or any other thing of value to the actor, or to do or refrain from doing any
act against that person[s will.
(3) Whoever violates sub. (2) is guilty of a Class H felony if any of the following
applies:
(a) The victim, as a result of the violation, engages in sexual conduct.
(b) The victim, as a result of the violation, produces an intimate
representation.
(c) The victim, as a result of the violation, provides the payment of money,
property, services, or any other thing of value to the actor.
(d) The victim, as a result of the violation, suffers great bodily harm.
(e) If the victim is under the age of 18 years at the time of the violation, the
actor is not more than 48 months older than the victim.
(4) Whoever violates sub. (2) is guilty of a Class G felony if any of the following
applies:
(a) The actor was previously convicted of a sexually violent offense, as defined
in s. 980.01 (6).
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(b) If the victim is under the age of 18 years at the time of the violation, the
actor is more than 48 months older than the victim.
(c) The violation was committed during the course of a child abduction in
violation of s. 948.30.
SECTION 15. 946.82 (4) of the statutes is amended to read:
946.82 (4) XRacketeering activityY means any activity specified in 18 USC
1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or
commission of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551,
and ss. 49.49, 134.05, 139.44 (1), (2m), and (8), 180.0129, 181.0129, 185.825, 201.09
(2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2),
940.01, 940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2),
940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09,
942.095, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04,
943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (2) and (3),
943.231 (1), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c),
943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m),
943.60, 943.70, 943.76, 943.81, 943.82, 943.825, 943.83, 943.84, 943.85, 943.86,
943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.34, 945.03 (1m),
945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1),
946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05,
948.051, 948.08, 948.12, 948.125, and 948.30.
SECTION 16. 949.03 (1s) of the statutes is created to read:
949.03 (1s) Suicide or attempted suicide of a victim if the crime was a
substantial causal factor in the victim[s suicide or attempted suicide.
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SECTION 17. 949.03 (2) of the statutes is amended to read:
949.03 (2) The commission or the attempt to commit any crime specified in s.
346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
940.09, 940.10, 940.19, 940.198, 940.20, 940.201, 940.204, 940.21, 940.22 (2),
940.225, 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2),
940.305, 940.31, 940.32, 941.327, 942.09, 942.095, 943.02, 943.03, 943.04, 943.10,
943.20, 943.231 (1), 943.30, 943.31, 943.32, 943.81, 943.86, 943.87, 948.02, 948.025,
948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, 948.085, 948.09,
948.095, 948.20, 948.21 (1), 948.30, or 948.51.
SECTION 18. 949.05 (intro.) of the statutes is amended to read:
949.05 Award; to whom payable. (intro.) In any case in which a person is
injured or killed by an incident specified in s. 949.03 (1m) or (1s), by any act or
omission of any other person that is within the description of crimes under s. 949.03
(2) or by any act or omission of any person that is within the description of the crime
listed and the condition provided under s. 949.03 (4), the department may order the
payment of an award:
SECTION 19. 949.06 (1m) (b) of the statutes is amended to read:
949.06 (1m) (b) In accordance with this subchapter, the department shall
make awards, as appropriate, to persons who, immediately prior to the crime, lived
in the same household with and to family members of a victim of s. 940.01, 940.02,
940.05, 940.06, 940.07, 940.08, or 940.09, or s. 940.03 for a crime specified in s.
942.095, 943.30, or 943.31, for any of the economic losses specified in sub. (1) as a
result of the person[s or family member[s reaction to the death. A dependent may
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recover both under sub. (1) and this subsection, subject to the limitation under s.
949.08 (1m) (a).
SECTION 20. 949.08 (2) (a) of the statutes is amended to read:
949.08 (2) (a) Engaged in conduct which substantially contributed to the
infliction of the victim[s injury or death or in which the victim could have
reasonably foreseen could lead to the injury or death. This does not apply to awards
to victims under s. 949.03 (1m) or (1s).
SECTION 21. 968.26 (1b) (a) 2. a. of the statutes is amended to read:
968.26 (1b) (a) 2. a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195
(2), (4), (5), or (6), 940.198 (2) (b) or (c) or (3), 940.20, 940.201, 940.203, 940.204,
940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c), 940.32,
941.32, 941.38 (2), 942.09 (2), 942.095, 943.10, 943.205, 943.32 (1), 946.43, 946.44,
946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04, 948.055, 948.095,
948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2), or (3) (c) 2. or 3.,
or 948.30 (1).
SECTION 22. 971.17 (1m) (b) 1m. a. of the statutes is amended to read:
971.17 (1m) (b) 1m. a. Except as provided in subd. 2m., if the defendant under
sub. (1) is found not guilty by reason of mental disease or defect for any violation, or
for the solicitation, conspiracy, or attempt to commit any violation, of ch. 940, 944,
or 948 or s. 942.08 or, 942.09, or 942.095, or ss. 943.01 to 943.15, the court may
require the defendant to comply with the reporting requirements under s. 301.45 if
the court determines that the underlying conduct was sexually motivated, as
defined in s. 980.01 (5), and that it would be in the interest of public protection to
have the defendant report under s. 301.45.
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SECTION 23. 971.17 (1m) (b) 1m. b. of the statutes is amended to read:
971.17 (1m) (b) 1m. b. If a court under subd. 1m. a. orders a person to comply
with the reporting requirements under s. 301.45 in connection with a finding of not
guilty by reason of mental disease or defect for a violation, or the solicitation,
conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095 and the person
was under the age of 21 when he or she committed the offense, the court may
provide that upon termination of the commitment order under sub. (5) or expiration
of the order under sub. (6) the person be released from the requirement to comply
with the reporting requirements under s. 301.45.
SECTION 24. 972.11 (2) (b) (intro.) of the statutes is amended to read:
972.11 (2) (b) (intro.) If the defendant is accused of a crime under s. 940.225,
942.09, 942.095, 948.02, 948.025, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085,
948.09, or 948.095, or under s. 940.302 (2), if the court finds that the crime was
sexually motivated, as defined in s. 980.01 (5), any evidence concerning the
complaining witness[s prior sexual conduct or opinions of the witness[s prior sexual
conduct and reputation as to prior sexual conduct shall not be admitted into
evidence during the course of the hearing or trial, nor shall any reference to such
conduct be made in the presence of the jury, except the following, subject to s.
971.31 (11):
SECTION 25. 972.11 (2) (d) 1. (intro.) of the statutes is amended to read:
972.11 (2) (d) 1. (intro.) If the defendant is accused of a crime under s.
940.225, 942.09, 942.095, 948.02, 948.025, 948.05, 948.06, 948.085, or 948.095,
evidence of the manner of dress of the complaining witness at the time when the
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crime occurred is admissible only if it is relevant to a contested issue at trial and its
probative value substantially outweighs all of the following:
SECTION 26. 973.048 (1m) (a) of the statutes is amended to read:
973.048 (1m) (a) Except as provided in sub. (2m), if a court imposes a
sentence or places a person on probation for any violation, or for the solicitation,
conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or s.
942.08 or, 942.09, or 942.095, or ss. 943.01 to 943.15, the court may require the
person to comply with the reporting requirements under s. 301.45 if the court
determines that the underlying conduct was sexually motivated, as defined in s.
980.01 (5), and that it would be in the interest of public protection to have the
person report under s. 301.45.
SECTION 27. 973.048 (1m) (b) of the statutes is amended to read:
973.048 (1m) (b) If a court under par. (a) orders a person to comply with the
reporting requirements under s. 301.45 in connection with a violation, or the
solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095 and
the person was under the age of 21 when he or she committed the offense, the court
may provide that the person be released from the requirement to comply with the
reporting requirements under s. 301.45 upon successfully completing the sentence
or probation imposed for the offense. A person successfully completes a sentence if
he or she is not convicted of a subsequent offense during the term of the sentence.
A person successfully completes probation if probation is not revoked and the
person satisfies the conditions of probation.
SECTION 28. 995.50 (2) (am) 4. of the statutes is amended to read:
995.50 (2) (am) 4. Conduct that is prohibited under s. 942.09 or 942.095,
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24 2025 - 2026 Legislature
ASSEMBLY BILL 201
- 13 - LRB-2477/2
MJW:skw&emw
SECTION 28
regardless of whether there has been a criminal action related to the conduct, and
regardless of the outcome of the criminal action, if there has been a criminal action
related to the conduct.
(END)
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