LRB-0414/2
PJH:jld:nwn
2007 - 2008 LEGISLATURE
July 25, 2007 - Introduced by Senators Schultz, Roessler, Kedzie, Olsen and
Plale, cosponsored by Representatives
Musser, Gronemus, Jeskewitz,
Albers and LeMahieu. Referred to Committee on Judiciary and Corrections.
SB247,1,3
1An Act to amend 940.225 (4) (intro.) and 940.225 (7); and
to create 940.225 (3r)
2and 943.0125 of the statutes;
relating to: sexual contact with a corpse and
3disturbing a burial site.
Analysis by the Legislative Reference Bureau
Current sexual assault law prohibits a person from having sexual contact or
sexual intercourse with another person without the consent of that person. The
severity of penalties relating to sexual assault depends upon several factors,
including the amount of force used, whether a weapon was employed, and the degree
of injury or harm suffered by the victim. Under current law, a sexual assault may
occur whether the victim is alive or dead at the time of the sexual contact or sexual
intercourse.
This bill makes it a crime to have sexual contact or sexual intercourse with a
corpse. The bill defines a "corpse" as the body of a human being that has been
declared dead by a physician, coroner, or medical examiner. Under the bill, having
sexual contact or sexual intercourse with a corpse is a Class G felony, which is
punishable by a fine not to exceed $10,000, imprisonment not to exceed six years, or
both.
Current law prohibits a person from disturbing a burial site or land contiguous
to a burial site. A person who does so is subject to a forfeiture of not less than $500
nor more than $2,000 if the burial site is not on land that is platted specifically as
a cemetery, or to a forfeiture of not less than $1,000 nor more than $10,000 if the
burial site is on land that is platted specifically as a cemetery.
The bill also prohibits any person from intentionally disturbing, opening, or
exposing a burial site or a buried human corpse. Anyone who does so is guilty of a
Class I felony, which is punishable by a fine not to exceed $10,000, imprisonment not
to exceed three years and six months, or both.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB247, s. 1
1Section
1. 940.225 (3r) of the statutes is created to read:
SB247,2,62
940.225
(3r) Sexual assault of a corpse. Whoever has sexual contact or sexual
3intercourse with a corpse is guilty of a Class G felony. For the purpose of this
4subsection, a "corpse" is the body of a human being who, at the time of the sexual
5intercourse or sexual contact, had been declared dead by a physician, coroner, or
6medical examiner.
SB247, s. 2
7Section
2. 940.225 (4) (intro.) of the statutes is amended to read:
SB247,2,138
940.225
(4) Consent. (intro.) "Consent", as used in this section, means words
9or overt actions by a person who is competent to give informed consent indicating a
10freely given agreement to have sexual intercourse or sexual contact. Consent is not
11an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i)
or (3r). The
12following persons are presumed incapable of consent but the presumption may be
13rebutted by competent evidence, subject to the provisions of s. 972.11 (2):
SB247, s. 3
14Section
3. 940.225 (7) of the statutes is amended to read:
SB247,2,1715
940.225
(7) Death of victim. This section applies Subsections (1), (2), (3), and
16(3m) apply whether a victim is dead or alive at the time of the sexual contact or sexual
17intercourse.
SB247, s. 4
1Section
4. 943.0125 of the statutes is created to read:
SB247,3,6
2943.0125 Disturbing a burial site. Whoever intentionally disturbs, exposes,
3or disinters a burial site or a buried human corpse is guilty of a Class I felony. A
4person may not be charged under this section and under s. 157.70 (2r) for acts arising
5out of the same incidence or occurrence. This section does not apply to a person who
6acts under s. 69.18 (4) or 157.112.
