(d) Has sexual contact or sexual intercourse
with a person who the defendant knows is
unconscious.
(f) Is aided or abetted by one or more other
persons and has sexual contact or sexual
intercourse with another person without the
consent of that person.
(g) Is an employee of a
facility or program under
s. 940.295(2)(b), (c), (h) or (k) and
has sexual contact or sexual intercourse
with a person who is a patient or resident
of the facility or program.
(h) Has sexual contact or sexual intercourse
with an individual who is confined in a
correctional institution if the actor is a
correctional staff member. This paragraph
does not apply if the individual with whom
the actor has sexual contact or sexual
intercourse is subject to prosecution for
the sexual contact or sexual intercourse
under this section.
(i) Has sexual contact or sexual intercourse
with an individual who is on probation,
parole, or extended supervision if the actor
is a probation, parole, or extended
supervision agent who supervises the
individual, either directly or through a
subordinate, in his or her capacity as a
probation, parole, or extended supervision
agent or who has influenced or has attempted
to influence another probation, parole, or
extended supervision agent's supervision of
the individual. This paragraph does not
apply if the individual with whom the actor
has sexual contact or sexual intercourse is
subject to prosecution for the sexual
contact or sexual intercourse under this
section.
(j) Is a licensee, employee, or nonclient
resident of an entity, as defined in
s. 48.685(1)(b) or
50.065(1)(c), and has sexual contact or
sexual intercourse with a client of the
entity.
(3) Third degree
sexual assault.
Whoever has sexual intercourse with a person
without the consent of that person is guilty
of a Class G felony. Whoever has sexual
contact in the manner described in sub.
(5)(b)2. or 3. with a person without the
consent of that person is guilty of a Class
G felony.
(3m) Fourth degree
sexual assault.
Except as provided in sub. (3), whoever has
sexual contact with a person without the
consent of that person is guilty of a Class
A misdemeanor.
(4) Consent.
“Consent”, as used in this section, means
words or overt actions by a person who is
competent to give informed consent
indicating a freely given agreement to have
sexual intercourse or sexual contact.
Consent is not an issue in alleged
violations of sub. (2)(c), (cm), (d), (g),
(h), and (i). The following persons are
presumed incapable of consent but the
presumption may be rebutted by competent
evidence, subject to the provisions of
s. 972.11(2):
(b) A person suffering from a mental illness
or defect which impairs capacity to appraise
personal conduct.
(c) A person who is unconscious or for any
other reason is physically unable to
communicate unwillingness to an act.
(5) Definitions.
In this section:
(abm) “Client” means an individual who
receives direct care or treatment services
from an entity.
(acm) “Correctional institution” means a
jail or correctional facility, as defined in
s. 961.01(12m), a juvenile correctional
facility, as defined in
s. 938.02(10p), or a juvenile detention
facility, as defined in
s. 938.02(10r).
(ad) “Correctional staff member” means an
individual who works at a correctional
institution, including a volunteer.
(ag) “Inpatient facility” has the meaning
designated in
s. 51.01(10).
(ai) “Intoxicant” means any alcohol
beverage, controlled substance, controlled
substance analog, or other drug or any
combination thereof.
(ak) “Nonclient resident” means an
individual who resides, or is expected to
reside, at an entity, who is not a client of
the entity, and who has, or is expected to
have, regular, direct contact with the
clients of the entity.
(am) “Patient” means any person who does any
of the following:
1. Receives care or treatment from a
facility or program under
s. 940.295(2)(b), (c), (h) or (k), from
an employee of a facility or program or from
a person providing services under contract
with a facility or program.
2. Arrives at a facility or program under
s. 940.295(2)(b), (c), (h) or (k) for
the purpose of receiving care or treatment
from a facility or program under
s. 940.295(2)(b), (c), (h) or (k), from
an employee of a facility or program under
s. 940.295(2)(b), (c), (h) or (k), or
from a person providing services under
contract with a facility or program under
s. 940.295(2)(b), (c), (h) or (k).
(ar) “Resident” means any person who resides
in a facility under
s. 940.295(2)(b), (c), (h) or (k).
(b) “Sexual contact” means any of the
following:
1. Any of the following types of intentional
touching, whether direct or through
clothing, if that intentional touching is
either for the purpose of sexually
degrading; or for the purpose of sexually
humiliating the complainant or sexually
arousing or gratifying the defendant or if
the touching contains the elements of actual
or attempted battery under
s. 940.19(1):
a. Intentional touching by the defendant or,
upon the defendant's instruction, by another
person, by the use of any body part or
object, of the complainant's intimate parts.
b. Intentional touching by the complainant,
by the use of any body part or object, of
the defendant's intimate parts or, if done
upon the defendant's instructions, the
intimate parts of another person.
2. Intentional penile ejaculation of
ejaculate or intentional emission of urine
or feces by the defendant or, upon the
defendant's instruction, by another person
upon any part of the body clothed or
unclothed of the complainant if that
ejaculation or emission is either for the
purpose of sexually degrading or sexually
humiliating the complainant or for the
purpose of sexually arousing or gratifying
the defendant.
3. For the purpose of sexually degrading or
humiliating the complainant or sexually
arousing or gratifying the defendant,
intentionally causing the complainant to
ejaculate or emit urine or feces on any part
of the defendant's body, whether clothed or
unclothed.
(c) “Sexual intercourse” includes the
meaning assigned under
s. 939.22(36) as well as cunnilingus,
fellatio or anal intercourse between persons
or any other intrusion, however slight, of
any part of a person's body or of any object
into the genital or anal opening either by
the defendant or upon the defendant's
instruction. The emission of semen is not
required.
(d) “State treatment facility” has the
meaning designated in
s. 51.01(15).
(6) Marriage not a
bar to prosecution.
A defendant shall not be presumed to be
incapable of violating this section because
of marriage to the complainant.
(7) Death of victim.
This section applies whether a victim is
dead or alive at the time of the sexual
contact or sexual intercourse.
944.05. Bigamy
(1)
Whoever does any of the following is guilty of a
Class I felony:
(a)
Contracts a marriage in this state with knowledge
that his or her prior marriage is not dissolved; or
(b)
Contracts a marriage in this state with knowledge
that the prior marriage of the person he or she
marries is not dissolved; or
(c)
Cohabits in this state with a person whom he or she
married outside this state with knowledge that his
or her own prior marriage had not been dissolved or
with knowledge that the prior marriage of the person
he or she married had not been dissolved.
(2) In
this section “cohabit” means to live together under
the representation or appearance of being married.
944.06. Incest
Whoever marries or has nonmarital sexual
intercourse, as defined in s. 948.01(6), with a
person he or she knows is a blood relative and such
relative is in fact related in a degree within which
the marriage of the parties is prohibited by the law
of this state is guilty of a Class F felony.
944.15. Public fornication
(1) In
this section, “in public” means in a place where or
in a manner such that the person knows or has reason
to know that his or her conduct is observable by or
in the presence of persons other than the person
with whom he or she is having sexual intercourse.
(2)
Whoever has sexual intercourse in public is guilty
of a Class A misdemeanor.
944.16. Adultery
Whoever does either of the following is guilty of a
Class I felony:
(1) A
married person who has sexual intercourse with a
person not the married person's spouse; or
(2) A
person who has sexual intercourse with a person who
is married to another.
944.17. Sexual gratification
(1) In
this section, “in public” means in a place where or
in a manner such that the person knows or has reason
to know that his or her conduct is observable by or
in the presence of persons other than the person
with whom he or she is having sexual gratification.
(2)
Whoever does any of the following is guilty of a
Class A misdemeanor:
(a)
Commits an act of sexual gratification in public
involving the sex organ of one person and the mouth
or anus of another.
(c)
Commits an act of sexual gratification involving his
or her sex organ and the sex organ, mouth or anus of
an animal.
(d)
Commits an act of sexual gratification involving his
or her sex organ, mouth or anus and the sex organ of
an animal.
(3)
Subsection (2) does not apply to a mother's
breast-feeding of her child.
944.20. Lewd and lascivious behavior
(1)
Whoever does any of the following is guilty of a
Class A misdemeanor:
(a)
Commits an indecent act of sexual gratification with
another with knowledge that they are in the presence
of others; or
(b)
Publicly and indecently exposes genitals or pubic
area.
(2)
Subsection (1) does not apply to a mother's
breast-feeding of her child.
944.21. Obscene material or performance
(1)
The legislature intends that the authority to
prosecute violations of this section shall be used
primarily to combat the obscenity industry and shall
never be used for harassment or censorship purposes
against materials or performances having serious
artistic, literary, political, educational or
scientific value. The legislature further intends
that the enforcement of this section shall be
consistent with the first amendment to the U.S.
constitution, article I, section 3, of the Wisconsin
constitution and the compelling state interest in
protecting the free flow of ideas.
(2) In
this section:
(a)
“Community” means this state.
(am)
“Exhibit” has the meaning given in s. 948.01(1d).
(b)
“Internal revenue code” has the meaning specified in
s. 71.01(6).
(c)
“Obscene material” means a writing, picture, film,
or other recording that:
1. The
average person, applying contemporary community
standards, would find appeals to the prurient
interest if taken as a whole;
2.
Under contemporary community standards, describes or
shows sexual conduct in a patently offensive way;
and
3.
Lacks serious literary, artistic, political,
educational or scientific value, if taken as a
whole.
(d)
“Obscene performance” means a live exhibition before
an audience which:
1. The
average person, applying contemporary community
standards, would find appeals to the prurient
interest if taken as a whole;
2.
Under contemporary community standards, describes or
shows sexual conduct in a patently offensive way;
and
3.
Lacks serious literary, artistic, political,
educational or scientific value, if taken as a
whole.
(dm)
“Recording” has the meaning given in s. 948.01(3r).
(e)
“Sexual conduct” means the commission of any of the
following: sexual intercourse, sodomy, bestiality,
necrophilia, human excretion, masturbation, sadism,
masochism, fellatio, cunnilingus or lewd exhibition
of human genitals.
(f)
“Wholesale transfer or distribution of obscene
material” means any transfer for a valuable
consideration of obscene material for purposes of
resale or commercial distribution; or any
distribution of obscene material for commercial
exhibition. “Wholesale transfer or distribution of
obscene material” does not require transfer of title
to the obscene material to the purchaser,
distributee or exhibitor.
(3)
Whoever does any of the following with knowledge of
the character and content of the material or
performance and for commercial purposes is subject
to the penalties under sub. (5):
(a)
Imports, prints, sells, has in his or her possession
for sale, publishes, exhibits, plays, or distributes
any obscene material.
(b)
Produces or performs in any obscene performance.
(c)
Requires, as a condition to the purchase of
periodicals, that a retailer accept obscene
material.
(4)
Whoever does any of the following with knowledge of
the character and content of the material is subject
to the penalties under sub. (5):
(a)
Distributes, exhibits, or plays any obscene material
to a person under the age of 18 years.
(b)
Has in his or her possession with intent to
distribute, exhibit, or play to a person under the
age of 18 years any obscene material.
(5)(a)
Except as provided under pars. (b) to (e), any
person violating sub. (3) or (4) is subject to a
Class A forfeiture.
(b) If
the person violating sub. (3) or (4) has one prior
conviction under this section, the person is guilty
of a Class A misdemeanor.
(c) If
the person violating sub. (3) or (4) has 2 or more
prior convictions under this section, the person is
guilty of a Class H felony.
(d)
Prior convictions under pars. (b) and (c) apply only
to offenses occurring on or after June 17, 1988.
(e)
Regardless of the number of prior convictions, if
the violation under sub. (3) or (4) is for a
wholesale transfer or distribution of obscene
material, the person is guilty of a Class H felony.
(5m) A
contract printer or employee or agent of a contract
printer is not subject to prosecution for a
violation of sub. (3) regarding the printing of
material that is not subject to the contract
printer's editorial review or control.
(6)
Each day a violation under sub. (3) or (4) continues
constitutes a separate violation under this section.
(7) A
district attorney may submit a case for review under
s. 165.25(3m). No civil or criminal proceeding under
this section may be commenced against any person for
a violation of sub. (3) or (4) unless the attorney
general determines under s. 165.25(3m) that the
proceeding may be commenced.
(8)(a)
The legislature finds that the libraries and
educational institutions under par. (b) carry out
the essential purpose of making available to all
citizens a current, balanced collection of books,
reference materials, periodicals, sound recordings
and audiovisual materials that reflect the cultural
diversity and pluralistic nature of American
society. The legislature further finds that it is in
the interest of the state to protect the financial
resources of libraries and educational institutions
from being expended in litigation and to permit
these resources to be used to the greatest extent
possible for fulfilling the essential purpose of
libraries and educational institutions.
(b) No
person who is an employee, a member of the board of
directors or a trustee of any of the following is
liable to prosecution for violation of this section
for acts or omissions while in his or her capacity
as an employee, a member of the board of directors
or a trustee:
1. A
public elementary or secondary school.
2. A
private school, as defined in s. 115.001(3r), or a
tribal school, as defined in s. 115.001(15m).
3. Any
school offering vocational, technical or adult
education that:
a. Is
a technical college, is a school approved by the
educational approval board under s. 38.50, or is a
school described in s. 38.50(1)(e)6., 7. or 8.; and
b. Is
exempt from taxation under section 501(c)(3) of the
internal revenue code.
4. Any
institution of higher education that is accredited,
as described in s. 39.30(1)(d), and is exempt from
taxation under section 501(c)(3) of the internal
revenue code.
5. A
library that receives funding from any unit of
government.
(9) In
determining whether material is obscene under sub.
(2)(c) 1. and 3., a judge or jury shall examine
individual pictures, recordings of images, or
passages in the context of the work in which they
appear.
(10)
The provisions of this section, including the
provisions of sub. (8), are severable, as provided
in s. 990.001(11).
944.23. Making lewd, obscene or indecent drawings
Whoever makes any lewd, obscene or indecent drawing
or writing in public or in a public place is guilty
of a Class C misdemeanor.
944.25. Sending obscene or sexually explicit
electronic messages
(1) In
this section:
(a)
“Electronic mail solicitation” means an electronic
mail message, including any attached program or
document, that is sent for the purpose of
encouraging a person to purchase property, goods, or
services.
(b)
“Obscene material” has the meaning given in s.
944.21(2)(c).
(c)
“Sexually explicit conduct” has the meaning given in
s. 948.01(7).
(2)
Whoever sends an unsolicited electronic mail
solicitation to a person that contains obscene
material or a depiction of sexually explicit conduct
without including the words “ADULT ADVERTISEMENT” in
the subject line of the electronic mail solicitation
is guilty of a Class A misdemeanor.
944.30. Prostitution
Any
person who intentionally does any of the following
is guilty of a Class A misdemeanor:
(1)
Has or offers to have or requests to have nonmarital
sexual intercourse for anything of value.
(2)
Commits or offers to commit or requests to commit an
act of sexual gratification, in public or in
private, involving the sex organ of one person and
the mouth or anus of another for anything of value.
(3) Is
an inmate of a place of prostitution.
(4)
Masturbates a person or offers to masturbate a
person or requests to be masturbated by a person for
anything of value.
(5)
Commits or offers to commit or requests to commit an
act of sexual contact for anything of value.
944.31. Patronizing prostitutes
Any
person who enters or remains in any place of
prostitution with intent to have nonmarital sexual
intercourse or to commit an act of sexual
gratification, in public or in private, involving
the sex organ of one person and the mouth or anus of
another, masturbation or sexual contact with a
prostitute is guilty of a Class A misdemeanor.
944.32. Soliciting prostitutes
Except
as provided under s. 948.08, whoever intentionally
solicits or causes any person to practice
prostitution or establishes any person in a place of
prostitution is guilty of a Class H felony.
944.33. Pandering
(1)
Whoever does any of the following is guilty of a
Class A misdemeanor:
(a)
Solicits another to have nonmarital sexual
intercourse or to commit an act of sexual
gratification, in public or in private, involving
the sex organ of one person and the mouth or anus of
another, masturbation or sexual contact with a
person the solicitor knows is a prostitute; or
(b)
With intent to facilitate another in having
nonmarital intercourse or committing an act of
sexual gratification, in public or in private,
involving the sex organ of one person and the mouth
or anus of another, masturbation or sexual contact
with a prostitute, directs or transports the person
to a prostitute or directs or transports a
prostitute to the person.
(2) If
the person received compensation from the earnings
of the prostitute, such person is guilty of a Class
F felony.
(3) In
a prosecution under this section, it is competent
for the state to prove other similar acts by the
accused for the purpose of showing the accused's
intent and disposition.
944.34. Keeping place of prostitution
Whoever intentionally does any of the following is
guilty of a Class H felony:
(1)
Keeps a place of prostitution; or
(2)
Grants the use or allows the continued use of a
place as a place of prostitution.
Summary of Wisconsin Sex
Offenses Involving
Children
948.01. Definitions
In
this chapter, the following words and phrases have
the designated meanings unless the context of a
specific section manifestly requires a different
construction:
(1)
“Child” means a person who has not attained the age
of 18 years, except that for purposes of prosecuting
a person who is alleged to have violated a state or
federal criminal law, “child” does not include a
person who has attained the age of 17 years.
(1d)
“Exhibit,” with respect to a recording of an image
that is not viewable in its recorded form, means to
convert the recording of the image into a form in
which the image may be viewed.
(1g)
“Joint legal custody” has the meaning given in s.
767.001(1s).
(1r)
“Legal custody” has the meaning given in s.
767.001(2).
(2)
“Mental harm” means substantial harm to a child's
psychological or intellectual functioning which may
be evidenced by a substantial degree of certain
characteristics of the child including, but not
limited to, anxiety, depression, withdrawal or
outward aggressive behavior. “Mental harm” may be
demonstrated by a substantial and observable change
in behavior, emotional response or cognition that is
not within the normal range for the child's age and
stage of development.
(3)
“Person responsible for the child's welfare”
includes the child's parent; stepparent; guardian;
foster parent; treatment foster parent; an employee
of a public or private residential home, institution
or agency; other person legally responsible for the
child's welfare in a residential setting; or a
person employed by one legally responsible for the
child's welfare to exercise temporary control or
care for the child.
(3)
“Person responsible for the child's welfare”
includes the child's parent; stepparent; guardian;
foster parent; an employee of a public or private
residential home, institution, or agency; other
person legally responsible for the child's welfare
in a residential setting; or a person employed by
one legally responsible for the child's welfare to
exercise temporary control or care for the child.
(3m)
“Physical placement” has the meaning given in s.
767.001(5).
(3r)
“Recording” includes the creation of a reproduction
of an image or a sound or the storage of data
representing an image or a sound.
(4)
“Sadomasochistic abuse” means the infliction of
force, pain or violence upon a person for the
purpose of sexual arousal or gratification.
(5)
“Sexual contact” means any of the following:
(a)
Any of the following types of intentional touching,
whether direct or through clothing, if that
intentional touching is either for the purpose of
sexually degrading or sexually humiliating the
complainant or sexually arousing or gratifying the
defendant:
1.
Intentional touching by the defendant or, upon the
defendant's instruction, by another person, by the
use of any body part or object, of the complainant's
intimate parts.
2.
Intentional touching by the complainant, by the use
of any body part or object, of the defendant's
intimate parts or, if done upon the defendant's
instructions, the intimate parts of another person.
(b)
Intentional penile ejaculation of ejaculate or
intentional emission of urine or feces by the
defendant or, upon the defendant's instruction, by
another person upon any part of the body clothed or
unclothed of the complainant if that ejaculation or
emission is either for the purpose of sexually
degrading or sexually humiliating the complainant or
for the purpose of sexually arousing or gratifying
the defendant.
(c)
For the purpose of sexually degrading or humiliating
the complainant or sexually arousing or gratifying
the defendant, intentionally causing the complainant
to ejaculate or emit urine or feces on any part of
the defendant's body, whether clothed or unclothed.
(6)
“Sexual intercourse” means vulvar penetration as
well as cunnilingus, fellatio or anal intercourse
between persons or any other intrusion, however
slight, of any part of a person's body or of any
object into the genital or anal opening either by
the defendant or upon the defendant's instruction.
The emission of semen is not required.
(7)
“Sexually explicit conduct” means actual or
simulated:
(a)
Sexual intercourse, meaning vulvar penetration as
well as cunnilingus, fellatio or anal intercourse
between persons or any other intrusion, however
slight, of any part of a person's body or of any
object into the genital or anal opening either by a
person or upon the person's instruction. The
emission of semen is not required;
(b)
Bestiality;
(c)
Masturbation;
(d)
Sexual sadism or sexual masochistic abuse including,
but not limited to, flagellation, torture or
bondage; or
(e)
Lewd exhibition of intimate parts.
948.02. Sexual assault of a child
(1) First degree sexual assault.
(am) Whoever has sexual contact or sexual
intercourse with a person who has not attained the
age of 13 years and causes great bodily harm to the
person is guilty of a Class A felony.
(b)
Whoever has sexual intercourse with a person who has
not attained the age of 12 years is guilty of a
Class B felony.
(c)
Whoever has sexual intercourse with a person who has
not attained the age of 16 years by use or threat of
force or violence is guilty of a Class B felony.
(d)
Whoever has sexual contact with a person who has not
attained the age of 16 years by use or threat of
force or violence is guilty of a Class B felony if
the actor is at least 18 years of age when the
sexual contact occurs.
(e)
Whoever has sexual contact with a person who has not
attained the age of 13 years is guilty of a Class B
felony.
(2) Second degree sexual assault.
Whoever has sexual contact or sexual intercourse
with a person who has not attained the age of 16
years is guilty of a Class C felony.
(3) Failure to act.
A person responsible for the welfare of a child who
has not attained the age of 16 years is guilty of a
Class F felony if that person has knowledge that
another person intends to have, is having or has had
sexual intercourse or sexual contact with the child,
is physically and emotionally capable of taking
action which will prevent the intercourse or contact
from taking place or being repeated, fails to take
that action and the failure to act exposes the child
to an unreasonable risk that intercourse or contact
may occur between the child and the other person or
facilitates the intercourse or contact that does
occur between the child and the other person.
(4) Marriage not a bar to
prosecution. A
defendant shall not be presumed to be incapable of
violating this section because of marriage to the
complainant.
(5) Death of victim.
This section applies whether a victim is dead or
alive at the time of the sexual contact or sexual
intercourse.
948.025. Engaging in repeated acts of sexual assault
of the same child
(1)
Whoever commits 3 or more violations under s.
948.02(1) or (2) within a specified period of time
involving the same child is guilty of:
(a) A
Class A felony if at least 3 of the violations were
violations of s. 948.02(1)(am).
(b) A
Class B felony if at least 3 of the violations were
violations of s. 948.02(1)(am), (b), or (c).
(c) A
Class B felony if at least 3 of the violations were
violations of s. 948.02(1)(am), (b), (c), or (d).
(d) A
Class B felony if at least 3 of the violations were
violations of s. 948.02(1).
(e) A
Class C felony if at least 3 of the violations were
violations of s. 948.02(1) or (2).
(2)(a)
If an action under sub. (1)(a) is tried to a jury,
in order to find the defendant guilty the members of
the jury must unanimously agree that at least 3
violations of s. 948.02(1)(am) occurred within the
specified period of time but need not agree on which
acts constitute the requisite number.
(b) If
an action under sub. (1)(b) is tried to a jury, in
order to find the defendant guilty the members of
the jury must unanimously agree that at least 3
violations of s. 948.02(1)(am), (b), or (c) occurred
within the specified period of time but need not
agree on which acts constitute the requisite number
and need not agree on whether a particular violation
was a violation of s. 948.02(1)(am), (b), or (c).
(c) If
an action under sub. (1)(c) is tried to a jury, in
order to find the defendant guilty the members of
the jury must unanimously agree that at least 3
violations of s. 948.02(1)(am), (b), (c), or (d)
occurred within the specified period of time but
need not agree on which acts constitute the
requisite number and need not agree on whether a
particular violation was a violation of s.
948.02(1)(am), (b), (c), or (d).
(d) If
an action under sub. (1)(d) is tried to a jury, in
order to find the defendant guilty the members of
the jury must unanimously agree that at least 3
violations of s. 948.02(1) occurred within the
specified period of time but need not agree on which
acts constitute the requisite number.
(e) If
an action under sub. (1)(e) is tried to a jury, in
order to find the defendant guilty the members of
the jury must unanimously agree that at least 3
violations of s. 948.02(1) or (2) occurred within
the specified period of time but need not agree on
which acts constitute the requisite number and need
not agree on whether a particular violation was a
violation of s. 948.02(1) or (2).
(3)
The state may not charge in the same action a
defendant with a violation of this section and with
a violation involving the same child under s. 948.02
or 948.10, unless the other violation occurred
outside of the time period applicable under sub.
(1). This subsection does not prohibit a conviction
for an included crime under s. 939.66 when the
defendant is charged with a violation of this
section.
948.05. Sexual exploitation of a child
(1)
Whoever does any of the following with knowledge of
the character and content of the sexually explicit
conduct involving the child may be penalized under
sub. (2p):
(a)
Employs, uses, persuades, induces, entices, or
coerces any child to engage in sexually explicit
conduct for the purpose of recording or displaying
in any way the conduct.
(b)
Records or displays in any way a child engaged in
sexually explicit conduct.
(1m)
Whoever produces, performs in, profits from,
promotes, imports into the state, reproduces,
advertises, sells, distributes, or possesses with
intent to sell or distribute, any recording of a
child engaging in sexually explicit conduct may be
penalized under sub. (2p) if the person knows the
character and content of the sexually explicit
conduct involving the child and if the person knows
or reasonably should know that the child engaging in
the sexually explicit conduct has not attained the
age of 18 years.
(2) A
person responsible for a child's welfare who
knowingly permits, allows or encourages the child to
engage in sexually explicit conduct for a purpose
proscribed in sub. (1)(a) or (b) or (1m) may be
penalized under sub. (2p).
(2p)(a) Except as provided in par. (b), a person who
violates sub. (1), (1m), or (2) is guilty of a Class
C felony.
(b) A
person who violates sub. (1), (1m), or (2) is guilty
of a Class F felony if the person is under 18 years
of age when the offense occurs.
(3) It
is an affirmative defense to prosecution for
violation of sub. (1)(a) or (b) or (2) if the
defendant had reasonable cause to believe that the
child had attained the age of 18 years. A defendant
who raises this affirmative defense has the burden
of proving this defense by a preponderance of the
evidence.
948.051. Trafficking of a child
(1)
Whoever knowingly recruits, entices, provides,
obtains, or harbors, or knowingly attempts to
recruit, entice, provide, obtain, or harbor, any
child for the purpose of commercial sex acts, as
defined in s. 940.302(1)(a), or sexually explicit
performance is guilty of a Class C felony.
(2)
Whoever benefits in any manner from a violation of
sub. (1) is guilty of a Class C felony if the person
knows that the benefits come from an act described
in sub. (1).
(3)
Any person who incurs an injury or death as a result
of a violation of sub. (1) or (2) may bring a civil
action against the person who committed the
violation. In addition to actual damages, the court
may award punitive damages to the injured party, not
to exceed treble the amount of actual damages
incurred, and reasonable attorney fees.
948.055. Causing a child to view or listen to sexual
activity
(1)
Whoever intentionally causes a child who has not
attained 18 years of age to view or listen to
sexually explicit conduct may be penalized as
provided in sub. (2) if the viewing or listening is
for the purpose of sexually arousing or gratifying
the actor or humiliating or degrading the child.
(2)
Whoever violates sub. (1) is guilty of:
(a) A
Class F felony if the child has not attained the age
of 13 years.
(b) A
Class H felony if the child has attained the age of
13 years but has not attained the age of 18 years.
948.06. Incest with a child
Whoever does any of the following is guilty of a
Class C felony:
(1)
Marries or has sexual intercourse or sexual contact
with a child he or she knows is related, either by
blood or adoption, and the child is related in a
degree of kinship closer than 2nd cousin.
(1m)
Has sexual contact or sexual intercourse with a
child if the actor is the child's stepparent.
(2) Is
a person responsible for the child's welfare and:
(a)
Has knowledge that another person who is related to
the child by blood or adoption in a degree of
kinship closer than 2nd cousin or who is a child's
stepparent has had or intends to have sexual
intercourse or sexual contact with the child;
(b) Is
physically and emotionally capable of taking action
that will prevent the intercourse or contact from
occurring or being repeated;
(c)
Fails to take that action; and
(d)
The failure to act exposes the child to an
unreasonable risk that intercourse or contact may
occur between the child and the other person or
facilitates the intercourse or contact that does
occur between the child and the other person.
948.07. Child enticement
Whoever, with intent to commit any of the following
acts, causes or attempts to cause any child who has
not attained the age of 18 years to go into any
vehicle, building, room or secluded place is guilty
of a Class D felony:
(1)
Having sexual contact or sexual intercourse with the
child in violation of s. 948.02, 948.085, or
948.095.
(2)
Causing the child to engage in prostitution.
(3)
Exposing a sex organ to the child or causing the
child to expose a sex organ in violation of s.
948.10.
(4)
Recording the child engaging in sexually explicit
conduct.
(5)
Causing bodily or mental harm to the child.
(6)
Giving or selling to the child a controlled
substance or controlled substance analog in
violation of ch. 961.
948.075. Use of a computer to facilitate a child sex
crime
(1r)
Whoever uses a computerized communication system to
communicate with an individual who the actor
believes or has reason to believe has not attained
the age of 16 years with intent to have sexual
contact or sexual intercourse with the individual in
violation of s. 948.02(1) or (2) is guilty of a
Class C felony.
(2)
This section does not apply if, at the time of the
communication, the actor reasonably believed that
the age of the person to whom the communication was
sent was no more than 24 months less than the age of
the actor.
(3)
Proof that the actor did an act, other than use a
computerized communication system to communicate
with the individual, to effect the actor's intent
under sub. (1r) shall be necessary to prove that
intent.
948.08. Soliciting a child for prostitution
Whoever intentionally solicits or causes any child
to engage in an act of prostitution or establishes
any child in a place of prostitution is guilty of a
Class D felony.
948.085. Sexual assault of a child placed in
substitute care
Whoever does any of the following is guilty of a
Class C felony:
(1)
Has sexual contact or sexual intercourse with a
child for whom the actor is a foster parent or
treatment foster parent.
(1)
Has sexual contact or sexual intercourse with a
child for whom the actor is a foster parent .
(2)
Has sexual contact or sexual intercourse with a
child who is placed in any of the following
facilities if the actor works or volunteers at the
facility or is directly or indirectly responsible
for managing it:
(a) A
shelter care facility licensed under s. 48.66(1)(a).
(b) A
group home licensed under s. 48.625 or 48.66(1).
(c) A
facility described in s. 940.295(2)(m).
948.09. Sexual intercourse with a child age 16 or
older
Whoever has sexual intercourse with a child who is
not the defendant's spouse and who has attained the
age of 16 years is guilty of a Class A misdemeanor.
948.095. Sexual assault of a child by a school staff
person or a person who works or volunteers with
children
(1) In
this section:
(a)
“School” means a public or private elementary or
secondary school, or a tribal school, as defined in
s. 115.001(15m).
(b)
“School staff” means 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.
(2)
Whoever has sexual contact or sexual intercourse
with a child who has attained the age of 16 years
and who is not the defendant's spouse is guilty of a
Class H felony if all of the following apply:
(a)
The child is enrolled as a student in a school or a
school district.
(b)
The defendant is a member of the school staff of the
school or school district in which the child is
enrolled as a student.
(3)(a)
A person who has attained the age of 21 years and
who engages in an occupation or participates in a
volunteer position that requires him or her to work
or interact directly with children may not have
sexual contact or sexual intercourse with a child
who has attained the age of 16 years, who is not the
person's spouse, and with whom the person works or
interacts through that occupation or volunteer
position.
(b)
Whoever violates par. (a) is guilty of a Class H
felony.
(c)
Paragraph (a) does not apply to an offense to which
sub. (2) applies.
(d)
Evidence that a person engages in an occupation or
participates in a volunteer position relating to any
of the following is prima facie evidence that the
occupation or position requires him or her to work
or interact directly with children:
1.
Teaching children.
2.
Child care.
3.
Youth counseling.
4.
Youth organization.
5.
Coaching children.
6.
Parks or playground recreation.
7.
School bus driving.
948.10. Exposing genitals or pubic area
(1)
Whoever, for purposes of sexual arousal or sexual
gratification, causes a child to expose genitals or
pubic area or exposes genitals or pubic area to a
child is guilty of the following:
(a)
Except as provided in par. (b), a Class I felony.
(b) A
Class A misdemeanor if any of the following applies:
1. The
actor is a child when the violation occurs.
2. At
the time of the violation, the actor had not
attained the age of 19 years and was not more than 4
years older than the child.
(2)
Subsection (1) does not apply under any of the
following circumstances:
(a)
The child is the defendant's spouse.
(b) A
mother's breast-feeding of her child.
948.11. Exposing a child to harmful material or
harmful descriptions or narrations
(1) Definitions.
In this section:
(ag)
“Harmful description or narrative account” means any
explicit and detailed description or narrative
account of sexual excitement, sexually explicit
conduct, sadomasochistic abuse, physical torture or
brutality that, taken as a whole, is harmful to
children.
(ar)
“Harmful material” means:
1. Any
picture, photograph, drawing, sculpture, motion
picture film or similar visual representation or
image of a person or portion of the human body that
depicts nudity, sexually explicit conduct,
sadomasochistic abuse, physical torture or brutality
and that is harmful to children; or
2. Any
book, pamphlet, magazine, printed matter however
reproduced or recording that contains any matter
enumerated in subd. 1., or explicit and detailed
verbal descriptions or narrative accounts of sexual
excitement, sexually explicit conduct,
sadomasochistic abuse, physical torture or brutality
and that, taken as a whole, is harmful to children.
(b)
“Harmful to children” means that quality of any
description, narrative account or representation, in
whatever form, of nudity, sexually explicit conduct,
sexual excitement, sadomasochistic abuse, physical
torture or brutality, when it:
1.
Predominantly appeals to the prurient, shameful or
morbid interest of children;
2. Is
patently offensive to prevailing standards in the
adult community as a whole with respect to what is
suitable for children; and
3.
Lacks serious literary, artistic, political,
scientific or educational value for children, when
taken as a whole.
(d)
“Nudity” means the showing of the human male or
female genitals, pubic area or buttocks with less
than a full opaque covering, or the showing of the
female breast with less than a fully opaque covering
of any portion thereof below the top of the nipple,
or the depiction of covered male genitals in a
discernibly turgid state.
(e)
“Person” means any individual, partnership, firm,
association, corporation or other legal entity.
(f)
“Sexual excitement” means the condition of human
male or female genitals when in a state of sexual
stimulation or arousal.
(2) Criminal penalties.
(a) Whoever, with knowledge of the character and
content of the material, sells, rents, exhibits,
plays, distributes, or loans to a child any harmful
material, with or without monetary consideration, is
guilty of a Class I felony if any of the following
applies:
1. The
person knows or reasonably should know that the
child has not attained the age of 18 years.
2. The
person has face-to-face contact with the child
before or during the sale, rental, exhibit, playing,
distribution, or loan.
(am)
Any person who has attained the age of 17 and who,
with knowledge of the character and content of the
description or narrative account, verbally
communicates, by any means, a harmful description or
narrative account to a child, with or without
monetary consideration, is guilty of a Class I
felony if any of the following applies:
1. The
person knows or reasonably should know that the
child has not attained the age of 18 years.
2. The
person has face-to-face contact with the child
before or during the communication.
(b)
Whoever, with knowledge of the character and content
of the material, possesses harmful material with the
intent to sell, rent, exhibit, play, distribute, or
loan the material to a child is guilty of a Class A
misdemeanor if any of the following applies:
1. The
person knows or reasonably should know that the
child has not attained the age of 18 years.
2. The
person has face-to-face contact with the child.
(c) It
is an affirmative defense to a prosecution for a
violation of pars. (a)2., (am)2., and (b)2. if the
defendant had reasonable cause to believe that the
child had attained the age of 18 years, and the
child exhibited to the defendant a draft card,
driver's license, birth certificate or other
official or apparently official document purporting
to establish that the child had attained the age of
18 years. A defendant who raises this affirmative
defense has the burden of proving this defense by a
preponderance of the evidence.
(3) Extradition.
If any person is convicted under sub. (2) and cannot
be found in this state, the governor or any person
performing the functions of governor by authority of
the law shall, unless the convicted person has
appealed from the judgment of contempt or conviction
and the appeal has not been finally determined,
demand his or her extradition from the executive
authority of the state in which the person is found.
(4) Libraries and educational
institutions. (a) The
legislature finds that the libraries and educational
institutions under par. (b) carry out the essential
purpose of making available to all citizens a
current, balanced collection of books, reference
materials, periodicals, sound recordings and
audiovisual materials that reflect the cultural
diversity and pluralistic nature of American
society. The legislature further finds that it is in
the interest of the state to protect the financial
resources of libraries and educational institutions
from being expended in litigation and to permit
these resources to be used to the greatest extent
possible for fulfilling the essential purpose of
libraries and educational institutions.
(b) No
person who is an employee, a member of the board of
directors or a trustee of any of the following is
liable to prosecution for violation of this section
for acts or omissions while in his or her capacity
as an employee, a member of the board of directors
or a trustee:
1. A
public elementary or secondary school.
2. A
private school, as defined in s. 115.001(3r), or a
tribal school, as defined in s. 115.001(15m).
3. Any
school offering vocational, technical or adult
education that:
a. Is
a technical college, is a school approved by the
educational approval board under s. 38.50, or is a
school described in s. 38.50(1)(e)6., 7. or 8.; and
b. Is
exempt from taxation under section 501(c)(3) of the
internal revenue code, as defined in s. 71.01(6).
4. Any
institution of higher education that is accredited,
as described in s. 39.30(1)(d), and is exempt from
taxation under section 501(c)(3) of the internal
revenue code, as defined in s. 71.01(6).
5. A
library that receives funding from any unit of
government.
(5) Severability.
The provisions of this section, including the
provisions of sub. (4), are severable, as provided
in s. 990.001(11).
948.12. Possession of child pornography
(1m)
Whoever possesses any undeveloped film, photographic
negative, photograph, motion picture, videotape, or
other recording of a child engaged in sexually
explicit conduct under all of the following
circumstances may be penalized under sub. (3):
(a)
The person knows that he or she possesses the
material.
(b)
The person knows the character and content of the
sexually explicit conduct in the material.
(c)
The person knows or reasonably should know that the
child engaged in sexually explicit conduct has not
attained the age of 18 years.
(2m)
Whoever exhibits or plays a recording of a child
engaged in sexually explicit conduct, if all of the
following apply, may be penalized under sub. (3):
(a)
The person knows that he or she has exhibited or
played the recording.
(b)
Before the person exhibited or played the recording,
he or she knew the character and content of the
sexually explicit conduct.
(c)
Before the person exhibited or played the recording,
he or she knew or reasonably should have known that
the child engaged in sexually explicit conduct had
not attained the age of 18 years.
(3)(a)
Except as provided in par. (b), a person who
violates sub. (1m) or (2m) is guilty of a Class D
felony.
(b) A
person who violates sub. (1m) or (2m) is guilty of a
Class I felony if the person is under 18 years of
age when the offense occurs.
948.13. Child sex offender working with children
(1) In
this section, “serious child sex offense” means any
of the following:
(a) A
crime under s. 940.22(2) or 940.225(2)(c) or (cm),
if the victim is under 18 years of age at the time
of the offense, a crime under s. 940.302(2) if s.
940.302(2)(a)1. b. applies, or a crime under s.
948.02(1) or (2), 948.025(1), 948.05(1) or (1m),
948.051, 948.06, 948.07(1), (2), (3), or (4),
948.075, or 948.085.
(b) A
crime under federal law or the law of any other
state or, prior to May 7, 1996, under the law of
this state that is comparable to a crime specified
in par. (a).
(2)(a)
Except as provided in pars. (b) and (c), whoever has
been convicted of a serious child sex offense and
subsequently engages in an occupation or
participates in a volunteer position that requires
him or her to work or interact primarily and
directly with children under 16 years of age is
guilty of a Class F felony.
(b) If
all of the following apply, the prohibition under
par. (a) does not apply to a person who has been
convicted of a serious child sex offense until 90
days after the date on which the person receives
actual written notice from a law enforcement agency,
as defined in s. 165.77(1)(b), of the prohibition
under par. (a):
1. The
only serious child sex offense for which the person
has been convicted is a crime under s. 948.02(2).
2. The
person was convicted of the serious child sex
offense before May 7, 2002.
3. The
person is eligible to petition for an exemption from
the prohibition under sub. (2m) because he or she
meets the criteria specified in sub. (2m)(a)1. and
1m.
(c)
The prohibition under par. (a) does not apply to a
person who is exempt under a court order issued
under sub. (2m).
(2m)(a) A person who has been convicted of a crime
under s. 948.02(2), 948.025(1), or 948.085 may
petition the court in which he or she was convicted
to order that the person be exempt from sub. (2)(a)
and permitted to engage in an occupation or
participate in a volunteer position that requires
the person to work or interact primarily and
directly with children under 16 years of age. The
court may grant a petition filed under this
paragraph if the court finds that all of the
following apply:
1. At
the time of the commission of the crime under s.
948.02(2), 948.025(1), or 948.085 the person had not
attained the age of 19 years and was not more than 4
years older or not more than 4 years younger than
the child with whom the person had sexual contact or
sexual intercourse.
1m.
The child with whom the person had sexual contact or
sexual intercourse had attained the age of 13 but
had not attained the age of 16.
2. It
is not necessary, in the interest of public
protection, to require the person to comply with
sub. (2)(a).
(b) A
person filing a petition under par. (a) shall send a
copy of the petition to the district attorney who
prosecuted the person. The district attorney shall
make a reasonable attempt to contact the victim of
the crime that is the subject of the person's
petition to inform the victim of his or her right to
make or provide a statement under par. (d).
(c) A
court may hold a hearing on a petition filed under
par. (a) and the district attorney who prosecuted
the person may appear at the hearing. Any hearing
that a court decides to hold under this paragraph
shall be held no later than 30 days after the
petition is filed if the petition specifies that the
person filing the petition is covered under sub.
(2)(b), that he or she has received actual written
notice from a law enforcement agency of the
prohibition under sub. (2)(a), and that he or she is
seeking an exemption under this subsection before
the expiration of the 90-day period under sub.
(2)(b).
(d)
Before deciding a petition filed under par. (a), the
court shall allow the victim of the crime that is
the subject of the petition to make a statement in
court at any hearing held on the petition or to
submit a written statement to the court. A statement
under this paragraph must be relevant to the issues
specified in par. (a) 1., 1m. and 2.
(e)1.
Before deciding a petition filed under par. (a), the
court may request the person filing the petition to
be examined by a physician, psychologist or other
expert approved by the court. If the person refuses
to undergo an examination requested by the court
under this subdivision, the court shall deny the
person's petition without prejudice.
2. If
a person is examined by a physician, psychologist or
other expert under subd. 1., the physician,
psychologist or other expert shall file a report of
his or her examination with the court, and the court
shall provide copies of the report to the person
and, if he or she requests a copy, to the district
attorney. The contents of the report shall be
confidential until the physician, psychologist or
other expert has testified at a hearing held under
par. (c). The report shall contain an opinion
regarding whether it would be in the interest of
public protection to require the person to comply
with sub. (2)(a) and the basis for that opinion.
3. A
person who is examined by a physician, psychologist
or other expert under subd. 1. is responsible for
paying the cost of the services provided by the
physician, psychologist or other expert, except that
if the person is indigent the cost of the services
provided by the physician, psychologist or other
expert shall be paid by the county. If the person
claims or appears to be indigent, the court shall
refer the person to the authority for indigency
determinations under s. 977.07 (1), except that the
person shall be considered indigent without another
determination under s. 977.07 (1) if the person is
represented by the state public defender or by a
private attorney appointed under s. 977.08.
(em) A
court shall decide a petition no later than 45 days
after the petition is filed if the petition
specifies that the person filing the petition is
covered under sub. (2)(b), that he or she has
received actual written notice from a law
enforcement agency of the prohibition under sub.
(2)(a), and that he or she is seeking an exemption
under this subsection before the expiration of the
90-day period under sub. (2)(b).
(f)
The person who filed the petition under par. (a) has
the burden of proving by clear and convincing
evidence that he or she satisfies the criteria
specified in par. (a)1., 1m. and 2. In deciding
whether the person has satisfied the criterion
specified in par. (a)2., the court may consider any
of the following:
1. The
ages, at the time of the violation, of the person
who filed the petition and the victim of the crime
that is the subject of the petition.
2. The
relationship between the person who filed the
petition and the victim of the crime that is the
subject of the petition.
3.
Whether the crime that is the subject of the
petition resulted in bodily harm to the victim.
4.
Whether the victim of the crime that is the subject
of the petition suffered from a mental illness or
mental deficiency that rendered him or her
temporarily or permanently incapable of
understanding or evaluating the consequences of his
or her actions.
5. The
probability that the person who filed the petition
will commit other serious child sex offenses in the
future.
6. The
report of the examination conducted under par. (e).
7. Any
other factor that the court determines may be
relevant to the particular case.
(3)
Evidence that a person engages in an occupation or
participates in a volunteer position relating to any
of the following is prima facie evidence that the
occupation or position requires him or her to work
or interact primarily and directly with children
under 16 years of age:
(a)
Teaching children.
(b)
Child care.
(c)
Youth counseling.
(d)
Youth organization.
(e)
Coaching children.
(f)
Parks or playground recreation .
(g)
School bus driving.
948.14. Registered sex offender and photographing
minors
(1) Definitions.
In this section:
(a)
“Captures a representation” has the meaning given in
s. 942.09(1)(a).
(b)
“Minor” means an individual who is under 17 years of
age.
(c)
“Representation” has the meaning giving in s.
942.09(1)(c).
(d)
“Sex offender” means a person who is required to
register under s. 301.45.
(2) Prohibition.
(a) A sex offender may not intentionally capture a
representation of any minor without the written
consent of the minor's parent, legal custodian, or
guardian. The written consent required under this
paragraph shall state that the person seeking the
consent is required to register as a sex offender
with the department of corrections.
(b)
Paragraph (a) does not apply to a sex offender who
is capturing a representation of a minor if the sex
offender is the minor's parent, legal custodian, or
guardian.
(3) Penalty.
Whoever violates sub. (2) is guilty of a Class I
felony.
WISCONSIN SEX
OFFENDER REGISTRATION
One of the most
significance aspects of a sex offense charge in Wisconsin is the
possibility of being required to comply with sex offender
registration. Sex offender registration in Wisconsin is
controlled by
Wis. Stats., section 301.45. The full text of
the law is set forth
here. If you face a sex offense charge in
Wisconsin it is well worth your while to read this statute.
This is no substitute, however, for contacting an experienced sexual
assault defense lawyer.
A
conviction for any of the following offenses, or a conviction for
solicitation, conspiracy or attempt to commit any of the following
offenses, qualifies as a "sex offense" under the sex offender
registry law:
Wis. Stat. sec.
940.22(2) - Sexual contact with patient or client by therapist
Wis. Stat. sec.
940.225(1) - First Degree Sexual Assault
Wis. Stat. sec.
940.225(2) - Second Degree Sexual Assault
Wis. Stat. sec.
940.225(3) - Third Degree Sexual Assault
Wis. Stat. sec. 944.06 - Incest
Wis. Stat. sec. 948.02(1) - First
Degree Sexual Assault of a Child
Wis. Stat. sec. 948.02(2) - Second
Degree Sexual Assault of a Child
Wis. Stat. sec. 948.025 - Repeated
Acts of Sexual Assault of Same Child
Wis. Stat. sec. 948.05 - Sexual
Exploitation of Child
Wis.
Stat. sec. 948.055 - Causing Child to View of Listen to Sexual
Activity Wis. Stat. sec.
948.06 - Incest with Child
Wis. Stat. sec. 948.07 - Child Enticement
Wis. Stat. sec. 948.075 - Use of a
Computer to Facilitate Child Sex Crime
Wis. Stat. sec. 948.08 - Soliciting a
Child for Prostitution
Wis.
Stat. sec. 948.085 - Sexual Assault of a Child Placed in Substitute
Care Wis. Stat. sec. 948.095
- Sexual Assault of a Child by School Staff or a Person Who Works of
Volunteers with Children
Wis. Stat. sec. 948.11(2)(a) -
Wis. Stat. sec. 948.11(2)(am)
Wis.
Stat. sec. 948.12 - Possession of Child Pornography
Wis.
Stat. sec. 948.13 - Child Sex Offender Working with
Children
Wis.
Stat. sec. 948.30 - Abduction of Another Child
Wis.
Stat. 940.30 (if the victim was a minor and the
person who committed the offense was not the
victim's parent) - False Imprisonment
Wis.
Stat. 940.31 (if the victim was a minor and the
person who committed the offense was not the
victim's parent) - Kidnapping
Sexual Assault Defense
Resources
Sexual Assault Nurse Examiner (SANE) Development &
Operation Guide
SANE examinations are often
integral evidence in a sexual assault case.
Thus, understanding the SANE process, the
information it can provide and its limitations is
often essential to the defense of a sexual assault
charge. This is a document prepared by the
Sexual Assault Resource Service under a grant by the
U.S. Department of Justice. DOJ asserts that
the opinions, findings, conclusions or
recommendations expressed in the document do not
necessarily represent the official position or
policies of the U. S. Department of Justice.
In any event, the document provides information
about and recommendations for SANE examinations and
SANE programs.
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