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- 2026 LEGISLATURE LRBa0386/1 MJW:emw ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 265 September 10, 2025 - Offered by RepresentatiITTK.
- 2026 LEGISLATURE LRB-2836/1 MJW:cdc ASSEMBLY BILL 265 May 19, 2025 - Introduced by Representatives WITTKE, O'CONNOR , B.
At the locations indicated, amend the bill as follows:
ACOBSON , SNYDER , VANDER M EER, STEFFEN , MOSES, PENTERMAN , DITTRICH, M URPHY , KNODL , B EHNKE , PIWOWARCZYK , M URSAU and K REIBICH, cosponsored by Senator W ANGGAARD .
1.
Referred to Committee on Criminal Justice and Public Safety.
Page 3, line 7:
A N A CT to amend 939.616 (title), 940.302 (2) (a) (intro.), 940.302 (2) (b), 948.051 (1) and 948.051 (2);
after that line insert:
to create 939.616 (1s), 939.6175 and 939.74 (2) (av) of the statutes;
XSECTION 6m.
relating to:
940.302 (2) (c) of the statutes is amended to read:
human trafficking and trafficking of a child and providing a penalty.
940.302 (2) (c) Whoever knowingly receives compensation from the earnings of debt bondage, a prostitute, or a commercial sex act, as described in sub.
Analysis by the Legislative Reference Bureau This bill increases the penalty for human trafficking from a Class D felony to a Class C felony, increases the penalty for trafficking a child from a Class C felony to a Class B felony, and creates a mandatory minimum term of confinement in prison of 10 years for human trafficking and 15 years for trafficking a child.
(1) (a) 1.
Under current law, a Class D felony is punishable by a fine of up to $100,000 and a term of imprisonment not to exceed 25 years, which, under a bifurcated sentence, is a maximum term of confinement in prison of 15 years followed by a maximum term of extended supervision of 10 years;
and 2., is guilty of a Class F E felony.Y.
a Class C felony is punishable by a fine of up to $100,000 and a term of imprisonment not to exceed 40 years, which, under a bifurcated sentence, is a maximum term of confinement in prison of years followed by a maximum term of extended supervision of 15 years;
2.
and a Class B felony is punishable by a term of imprisonment not to exceed 60 years, which, under a bifurcated sentence, is a maximum term of confinement in prison of years followed by a maximum term of extended supervision of 20 years.
Page 3, line 16:
Under - 2026 Legislature - 2 - LRB-2836/1 MJW:cdc ASSEMBLY BILL 265 SECTION 1 current law, there is no mandatory minimum term of confinement for human trafficking or trafficking of a child.
after that line insert:
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.
XSECTION 9.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Initial applicability.
S ECTION 1.
(1) Notwithstanding s.
939.616 (title) of the statutes is amended to read:
990.06, the treatment of s.
939.616 (title) Mandatory minimum sentence for child sex offenses and child trafficking.
939.74 (2) (av) first applies to an offense for which the time limitation under s.
S ECTION 2.
939.74 (1) for prosecution has not expired on the effective date of this subsection.
939.616 (1s) of the statutes is created to read:
- 2026 Legislature - 2 - LRBa0386/1 MJW:emw (2) Except as provided in sub.
939.616 (1s) If a person is convicted of a violation of s.
(1), this act first applies to offenses committed on the effective date of this subsection.Y.
948.051, the court shall impose a bifurcated sentence under s.
(END )
973.01.
The term of confinement in prison portion of the bifurcated sentence shall be at least 15 yeaOtherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
S ECTION 3.
939.6175 of the statutes is created to read:
939.6175 Minimum sentence for human trafficking.
(1) If a person is convicted of a violation of s.
940.302, the court shall impose a bifurcated sentence under s.
973.01.
The term of confinement in prison portion of the bifurcated sentence shall be at least 10 years.
Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
S ECTION 4.
939.74 (2) (av) of the statutes is created to read:
939.74 (2) (av) A prosecution for a violation of s.
940.302 may be commenced within 10 years after the commission of the violation.
S ECTION 5.
940.302 (2) (a) (intro.) of the statutes is amended to read:
- 2026 Legislature - 3 - LRB-2836/1 MJW:cdc ASSEMBLY BILL 265 SECTION 5 940.302 (2) (a) (intro.) Except as provided in s.
948.051, whoever knowingly engages in trafficking is guilty of a Class D C felony if all of the following apply:
S ECTION 6.
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940.302 (2) (b) of the statutes is amended to read:
940.302 (2) (b) Whoever benefits in any manner from a violation of par.
(a) is guilty of a Class D C felony if the person knows or reasonably should have known that the benefits come from or are derived from an act or scheme described in par.
(a).
S ECTION 7.
948.051 (1) of the statutes is amended to read:
948.051 (1) Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts, as defined in s.
940.302 (1) (a), is guilty of a Class C B felony.
S ECTION 8.
948.051 (2) of the statutes is amended to read:
948.051 (2) Whoever benefits in any manner from a violation of sub.
(1) is guilty of a Class C B felony if the person knows that the benefits come from an act described in sub.
(1).
(END)
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