An Act to renumber and amend 940.225 (2) (k); to create 940.225 (2) (k) 1. b. and c. of the statutes; Relating to: sexual contact by a law enforcement officer with certain persons and providing a penalty.
Summary
AB1171 expands Wisconsin’s second-degree sexual assault statute to cover additional situations involving law enforcement officers and people they encounter through their official work. Under current law, the offense applies when an officer has sexual contact or intercourse with a person who is detained or in custody, and consent is not a defense. The bill keeps that existing prohibition and adds two new categories: a person the officer knows is a victim, witness, or suspect in an open criminal investigation, and a person the officer contacts in the exercise of official duties.
The bill also makes these newly covered offenses subject to Wisconsin’s sex offender registration provisions when a court determines registration is in the interest of public protection. Because the bill creates new criminal liability and potentially affects sentencing and registration consequences, it would amend the state’s criminal code and could trigger review by the Joint Review Committee on Criminal Penalties.
Impact
AB1171 would broaden s. 940.225 (2) (k) of the Wisconsin Statutes by renumbering the existing law-enforcement-officer sexual contact offense and adding two new prohibited relationships. It would extend second-degree sexual assault liability beyond detainees and persons in custody to include victims, witnesses, suspects in open investigations, and people contacted during official duties. The bill would also make these offenses eligible for discretionary sex offender registration, affecting both criminal penalties and post-conviction collateral consequences for convicted officers.
Sentiment
The available record suggests the bill was generally framed as a public-protection and accountability measure aimed at preventing abuse of authority by law enforcement officers. There were no recorded committee transcripts or roll-call votes in the provided materials, so there is no documented opposition or support to measure. Its introduction and referral indicate it was treated as a criminal-justice reform proposal, but it ultimately failed to pass pursuant to Senate Joint Resolution 1.
Contention
The main policy issue is how far to extend the sexual-assault prohibition for law enforcement officers. Supporters would likely view the bill as closing gaps where officers could exploit investigative or official-contact relationships even when the person is not formally detained or in custody. Potential concerns would center on the breadth of the new categories, especially the phrase covering anyone an officer contacts in the exercise of official duties, which could raise questions about scope, proof, and whether the statute reaches too broadly. The sex offender registration provision may also be a point of contention because it adds a significant collateral consequence to the offense.