WISCONSIN SEXUAL VIOLENCE CODES

*Wisconsin is a mandatory Public Law 280 state.

Wis. Stat. § 301.45 (2012). Sex offender registration

Wis. Stat. § 301.45 (2012). Sex offender registration Explanation

Wis. Stat. § 301.46 (2012). Access to information concerning sex offenders

Wis. Stat. § 301.46 (2012). Access to information concerning sex offenders - EXPLANATION

Wis. Stat. § 806.245 (2011)-Indian tribal documents: full faith and credit

Wis. Stat. § 806.245 affords full faith and credit to foreign protection orders issued by Indian tribal courts in Wisconsin.

Wis. Stat. § 806.247 (2011)- Full faith and credit for foreign protection orders - EXPLANATION

Wis. Stat. § 813.12 (2011)-Domestic abuse restraining orders and injunctions

Wis. Stat. § 813.12 contains Wisconsin’s full faith and credit law for domestic abuse restraining orders and injunctions. An order or injunction shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

Wis. Stat. § 813.128 (2011)-Foreign protection orders

Wis. Stat. § 813.128 covers enforcement, violation penalties, and law enforcement immunities for foreign protection orders.

A foreign protection order or modification of the foreign protection order has the same effect as an order issued by the state of Wisconsin, except that the foreign protection order or modification shall be enforced according to its own terms.

A law enforcement officer shall arrest and take the subject of a foreign protection order into custody if all of the following occur:

1. A person protected under a foreign protection order presents the law enforcement officer with a copy of the order issued against the subject, or the law enforcement officer determines that a valid foreign protection order exists through communication with appropriate authorities. A foreign protection order and its modifications are presumed to be valid if the order and/or modification appears to be valid on its face and circumstances suggest that the order and any modification are in effect.

2. The law enforcement officer has probable cause to believe that the person has violated the terms of the foreign protection order or modification.

A person who knowingly violates a condition of a valid foreign protection order or modification shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.

A law enforcement officer, law enforcement agency, prosecuting attorney, or clerk of circuit court cannot be sued or prosecuted for his or her good faith acts or omissions arising out of enforcing a foreign protection order.

WIS. STAT. ANN. § 939.22 (WEST 2011). WORDS AND PHRASES DEFINED

Wis. Stat. Ann. § 939.22 defines several key terms for use with Wisconsin’s sex crime laws. “Sexual contact” refers to any of the following if done for the purpose of sexual humiliation, degradation, arousal, or gratification: intentional touching by the defendant or by someone else acting on his/her instructions of the another person’s clothed or unclothed intimate parts with any part of the defendant’s body, clothed or unclothed, or with any object or device; intentional touching by the defendant or by someone else acting on his/her instructions of another person’s clothed or unclothed body part with the intimate part of the defendant’s clothed or unclothed body; intentional ejaculation or the intentional release of urine or feces by the defendant or one acting on his/her instruction upon any clothed or unclothed part of another person’s body; or intentionally causing another person to ejaculate or release urine or feces on any part of the actor’s clothed or unclothed body.

“Sexual intercourse” requires vaginal penetration, but not ejaculation, in Wisconsin.

WIS. STAT. ANN. § 940.225 (WEST 2011). SEXUAL ASSAULT

WIS. STAT. ANN. § 940.225 (WEST 2011). SEXUAL ASSAULT - EXPLANATION

WIS. STAT. ANN. § 944.06 (WEST 2011). INCEST

Wis. Stat. Ann. § 944.06, Wisconsin’s incest statute, prohibits marriage or sexual intercourse with a person he or she knows is a blood relative to a close enough degree that state marriage laws prohibit marriage between them. Incest is a Class F felony.

WIS. STAT. ANN. § 944.20 (WEST 2011). LEWD AND LASCIVIOUS BEHAVIOR

Wis. Stat. Ann. § 944.20, prohibits lewd and lascivious behavior, which includes indecent acts of sexual gratification with knowledge that other people are present, or public exposure of genitals or pubic area. Breast feeding is not lewd and lascivious behavior.

Wisconsin Sexual Violence Codes

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*National Tribal Trial College is a project of the Southwest Center for Law and Policy (www.swclap.org) This project was supported by Grant No. 2011-TA-AX-K045, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.