322.1202 Article 120b - Rape and sexual assault of a child.
(1) In this section:
(a) “Child" means any person who has not attained the age of 16 years.
(b) “Force" means any of the following:
1. The use of a weapon.
2. The use of physical strength or violence that is likely to overcome, restrain, or injure a child.
3. Inflicting physical harm.
4. In the case of a parent-child or similar relationship, the abuse of parental or similar authority.
(c) “Lewd act" means any of the following:
1. Any sexual contact with a child.
2. Intentionally exposing one's genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person.
3. Intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person.
4. Any conduct intentionally done with or in the presence of a child, including via any communication technology, that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.
(d) “Sexual act" and “sexual contact" have the meanings given in s. 322.120 (1) (e) and (f).
(e) “Threatening or placing that child in fear" means a communication or action that is of sufficient consequence to cause the child to fear that noncompliance will result in the child or another person being subjected to the wrongful action contemplated by the communication or action.
(2) Any person subject to this chapter who does any of the following is guilty of rape and shall be punished as a court-martial may direct:
(a) Commits a sexual act upon a child who has not attained the age of 12 years.
(b) Commits a sexual act upon a child who has attained the age of 12 years by doing any of the following:
1. Using force against any person.
2. Threatening or placing that child in fear.
3. Rendering that child unconscious.
4. Administering to that child a drug, intoxicant, or other similar substance.
(3) Any person subject to this chapter who commits a sexual act upon a child who has attained the age of 12 years is guilty of sexual assault of a child and shall be punished as a court-martial may direct.
(4) Any person subject to this chapter who commits a lewd act upon a child is guilty of sexual abuse of a child and shall be punished as a court-martial may direct.
(5) In a prosecution under this section, it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. It is not a defense that the accused reasonably believed that the child had attained the age of 12 years.
(6) In a prosecution under this section, it need not be proven that the accused knew that the other person engaging in the sexual act or lewd act had not attained the age of 16 years, but it is a defense in a prosecution under sub. (3) or (4), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed that the child had attained the age of 16 years, if the child had in fact attained at least the age of 12 years.
(7) In a prosecution under this section, in proving that a person made a threat, it need not be proven that the person actually intended to carry out the threat or had the ability to carry out the threat.
(8) Lack of consent is not an element and need not be proven in any prosecution under this section. A child not legally married to the person committing the sexual act, lewd act, or use of force cannot consent to any sexual act, lewd act, or use of force.
History: 2013 a. 201.