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Wisconsin Legislature: AB1171: Bill Text
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AB1171: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5160/1
MJW:wlj
2025 ASSEMBLY BILL 1171
March 19, 2026 - Introduced by Representatives
Clancy
,
Hong
,
Cruz
,
Madison
,
Tenorio
and
Hysell
. Referred to Committee on Criminal Justice and Public Safety.
AB1171,1,3
1
An Act
to renumber and amend
940.225 (2) (k);
to create
940.225 (2) (k) 1. b.
2
and c. of the statutes;
relating to:
sexual contact by a law enforcement officer
3
with certain persons and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, it is a second degree sexual assault, which is a Class C felony, for a law enforcement officer to have sexual contact or sexual intercourse with a person who has been detained by a law enforcement officer or who is in the custody of a law enforcement officer. Under current law, for the purposes of the crime, consent is not an issue.
This bill amends the current law prohibition to add that it is also second degree sexual assault for a law enforcement officer to have sexual contact or sexual intercourse with a person who the law enforcement officer knows is a victim, witness, or suspect in any open criminal investigation or a person whom the law enforcement officer contacts in the exercise of their official duties.
Under current law, a person may be required to register as a sex offender for certain crimes that are sexually motivated if the judge determines that it would be in the interest of public protection to have the person register. Under the bill, the new offenses would be subject to this provision.
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:
AB1171,1
1
Section
1
.
940.225 (2) (k) of the statutes is renumbered 940.225 (2) (k) 1.
2
(intro.) and amended to read:
AB1171,2,4
3
940.225
(2)
(k) 1. (intro.) Is a law enforcement officer and has sexual contact
4
or sexual intercourse with any
person
of the following persons:
AB1171,2,8
5
a. A person
who is detained by any law enforcement officer, as provided under
6
s. 968.24, or is in the custody of any law enforcement officer. This
paragraph
subd.
7
1. a.
applies whether the custody is lawful or unlawful and whether the detainment
8
or custody is actual or constructive.
AB1171,2,9
9
2.
Consent is not an issue in an action under
this paragraph
subd. 1
.
AB1171,2
10
Section
2
.
940.225 (2) (k) 1. b. and c. of the statutes are created to read:
AB1171,2,12
11
940.225
(2)
(k) 1. b. A person who the law enforcement officer knows is a
12
victim, witness, or suspect in any open criminal investigation.
AB1171,2,14
13
c. A person whom the law enforcement officer contacts in the exercise of the
14
law enforcement officer’s official duties.
AB1171,2,15
15
(end)
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