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SB830: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5776/1
CMH:ajk
2025 SENATE BILL 830
January 15, 2026 - Introduced by Senator
Wimberger
, cosponsored by Representatives
Tusler
,
Behnke
,
Dittrich
,
Kreibich
and
O'Connor
. Referred to Committee on Judiciary and Public Safety.
SB830,1,3
1
An Act
to amend
939.46 (1m) of the statutes;
relating to:
defining “direct
2
result” for purposes of the affirmative defense for victims of human
3
trafficking.
Analysis by the Legislative Reference Bureau
Under current law, a victim of human trafficking or child sex trafficking has an affirmative defense for an offense committed as a direct result of the trafficking violation. In
State v. Kizer
, 2022 WI 58, the court held that an offense is “committed as a direct result” of the trafficking violation if there is a logical, causal connection between the offense and the trafficking such that the offense is not the result, in significant part, of other events, circumstances, or considerations apart from the trafficking violation. This bill codifies the holding and adds further conditions. Under the bill, for the affirmative defense to apply to an offense, there must be a logical, causal connection between the offense and the trafficking violation such that the offense is not the result, in significant part, of other events, circumstances, or considerations apart from the violation; the offense must occur in immediate proximity to the violation; and the offense must be necessary to escape from or prevent the violation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB830,1
1
Section
1
.
939.46 (1m) of the statutes is amended to read:
SB830,2,10
2
939.46
(1m)
A victim of a violation of s. 940.302 (2) or 948.051 has an
3
affirmative defense for any offense committed as a direct result of the violation of s.
4
940.302 (2) or 948.051 without regard to whether anyone was prosecuted or
5
convicted for the violation of s. 940.302 (2) or 948.051.
Under this subsection, an
6
offense is committed as a direct result of a violation of s. 940.302 (2) or 948.051 if
7
there is a logical, causal connection between the offense and the violation such that
8
the offense is not the result, in significant part, of other events, circumstances, or
9
considerations apart from the violation; the offense occurs in immediate proximity
10
to the violation; and the offense is necessary to escape from or prevent the violation.
SB830,2
11
Section
2
. Initial applicability.
SB830,2,13
12
(
1
)
This act first applies to an affirmative defense raised on the effective date
13
of this subsection.
SB830,2,14
14
(end)
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