Extortion, sexual extortion, and providing a penalty, the official text

2025 - 2026 LEGISLATURE
LRB-2477/2
MJW:skw&emw

2025 ASSEMBLY BILL 201
April 16, 2025 - Introduced by Representatives Snyder, B. Jacobson, Spiros, Armstrong, Behnke, Brill, Callahan, Dittrich, Goeben, Gundrum, Joers, Kaufert, Knodl, Kreibich, Krug, Maxey, McCarville, Miresse, Moses, Novak, O'Connor, Piwowarczyk, Rodriguez, Sinicki, Steffen, Stubbs, Subeck and Wichgers, cosponsored by Senators James, Tomczyk, Cabral-Guevara and Quinn. Referred to Committee on Criminal Justice and Public Safety.

An Act to amend 48.685 (1) (c) 2., 48.686 (1) (c) 1., 51.20 (13) (ct) 1m. a., 51.20 (13) (ct) 1m. b., 115.31 (2g) (c) 1., 115.31 (2r) (c) 3., 301.45 (1p) (b), 901.08 (1) (b), 938.34 (15m) (am) 1., 938.34 (15m) (am) 2., 938.345 (3) (d), 940.03, 946.82 (4), 949.03 (2), 949.05 (intro.), 949.06 (1m) (b), 949.08 (2) (a), 968.26 (1b) (a) 2. a., 971.17 (1m) (b) 1m. a., 971.17 (1m) (b) 1m. b., 972.11 (2) (b) (intro.), 972.11 (2) (d) 1. (intro.), 973.048 (1m) (a), 973.048 (1m) (b) and 995.50 (2) (am) 4.; to create 62.50 (1e) (cm), 942.095 and 949.03 (1s) of the statutes; relating to: extortion, sexual extortion, and providing a penalty.

Analysis by the Legislative Reference Bureau
This bill creates a new crime for activity known as “sextortion.” Under the bill, it is a generally a Class I felony for a person to do any of the following:
1. Threaten to injure the property or reputation of another to coerce that person to engage in sexual conduct or to produce an intimate representation.
2. Threaten to commit violence against another to coerce that person to engage in sexual conduct or to produce an intimate representation.
3. Threaten to distribute an intimate representation of another person with intent to coerce that person to engage in sexual conduct, produce an intimate representation, or to provide payment of money, property, services, or anything of value, or to do or refrain from doing any act against that person’s will.
Under the bill, such a violation is a Class H felony if the victim, as a result of the violation, engages in sexual conduct, produces an intimate representation, provides the payment of money, property, services, or any other thing of value, or suffers great bodily harm or if the victim is under age 18 and the defendant is not more than four years older than the victim, and such a violation is a Class G felony if the defendant was previously convicted of a sexually violent offense, the violation was committed during the course of a child abduction, or the victim is under age 18 and the defendant is more than four years older than the victim. Additionally, the bill provides that a person may be prosecuted for felony murder if the person commits extortion or sexual extortion and as a result of the violation causes the death of the victim.
Under current law, extortion generally is punishable as a Class I felony, and the penalty for felony murder is imprisonment for up to 15 years longer than the maximum term of imprisonment for the crime that caused the victim’s death. Under current law, a Class I felony is punishable by a fine of up to $10,000 or imprisonment for up to three years and six months, or both; a Class H felony is punishable by a fine of up to $10,000 or imprisonment for up to six years, or both; and a Class G felony is punishable by a fine of up to $25,000 or imprisonment for up to 10 years, or both.
This bill also provides that a crime victim, or the victim’s family member, is eligible for payment from the Department of Justice’s crime victim compensation fund if the crime victim is a victim of extortion or sexual extortion and is injured or dies as a result of the crime and provides that a crime victim, or the victim’s family member, may be compensated for death or injury that results from suicide or attempted suicide if the crime was a substantial causal factor in the victim’s suicide or attempted suicide.
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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 48.685 (1) (c) 2. of the statutes is amended to read:
48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5), or (6), 940.198 (2), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), 942.095, 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a)
1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, 948.21, 948.215, 948.30, or 948.53.
Section 2. 48.686 (1) (c) 1. of the statutes is amended to read:
48.686 (1) (c) 1. A violation of s. 940.12, 940.22 (2) or (3), 940.285 (2), 940.29, 940.295, or 942.09 (2), or 942.095.
Section 3. 51.20 (13) (ct) 1m. a. of the statutes is amended to read:
51.20 (13) (ct) 1m. a. Except as provided in subd. 2m., if the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed any violation, or to have solicited, conspired, or attempted to commit any violation, of ch. 940, 944, or 948 or s. 942.08 or, 942.09, or 942.095, or ss. 943.01 to 943.15, the court may require the subject individual to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the subject individual report under s. 301.45.
Section 4. 51.20 (13) (ct) 1m. b. of the statutes is amended to read:
51.20 (13) (ct) 1m. b. If a court under subd. 1m. a. orders a person to comply with the reporting requirements under s. 301.45 in connection with the commission of a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095, the court may provide that the person be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying conditions specified by the court. If the person satisfies the conditions, the court shall notify the department of corrections that the person has satisfied the conditions.

Section 5. 62.50 (1e) (cm) of the statutes is created to read:
62.50 (1e) (cm) Section 942.095.
Section 6. 115.31 (2g) (c) 1. of the statutes is amended to read:
115.31 (2g) (c) 1. A violation of s. 942.08, 942.09 (2), 942.095, 948.098, 948.10, or 948.11 (2) (a).
Section 7. 115.31 (2r) (c) 3. of the statutes is amended to read:
115.31 (2r) (c) 3. A conviction for a violation of s. 942.09 (2) or 942.095 if the person depicted in the representation is a child.
Section 8. 301.45 (1p) (b) of the statutes is amended to read:
301.45 (1p) (b) If a person is covered under sub. (1g) based solely on an order that was entered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3) (a), 971.17 (1m) (b) 1m., or 973.048 (1m) in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095, and the court provided in the order that the person be released from the requirement to comply with the reporting requirements under this section upon satisfying the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, upon the termination or expiration of a commitment order under s. 971.17, or upon successful completion of the sentence or probation as provided under s. 973.048 (1m) (b), whichever is applicable, and the person satisfies the conditions of the court order under s. 51.20 (13) (ct) 1m. or the dispositional order under subch. VI of ch. 938, the commitment order under s. 971.17 is terminated or expires, or the person successfully completes the sentence or probation, whichever is applicable, the person is no longer required to comply with the reporting requirements under this section.

Section 9. 901.08 (1) (b) of the statutes is amended to read:
901.08 (1) (b) “Sexual misconduct” includes a violation of s. 940.22 (2), 940.225 (1), (2), or (3), 940.32, 942.08, 942.09, 942.095, 948.02, 948.025, 948.05 (1) or (1m), 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.081, 948.09, 948.095, 948.10, or 948.11 (2) and includes sexual harassment, as defined in s. 111.32 (13).
Section 10. 938.34 (15m) (am) 1. of the statutes is amended to read:
938.34 (15m) (am) 1. Except as provided in par. (bm), if the juvenile is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or s. 942.08 or, 942.09, or 942.095, or ss. 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the juvenile report under s. 301.45.
Section 11. 938.34 (15m) (am) 2. of the statutes is amended to read:
938.34 (15m) (am) 2. If the court under subd. 1. orders the juvenile to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the court shall notify the department of corrections that the juvenile has satisfied the conditions of the dispositional order.
Section 12. 938.345 (3) (d) of the statutes is amended to read:

938.345 (3) (d) If the court under par. (a) orders the juvenile to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the clerk of the court shall notify the department of corrections and the department of children and families that the juvenile has satisfied the conditions of the dispositional order.
Section 13. 940.03 of the statutes is amended to read:
940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.19, 940.195, 940.20, 940.201, 940.203, 940.204, 940.225 (1) or (2) (a), 940.30, 940.31, 942.095, 943.02, 943.10 (2), 943.231 (1), 943.30, 943.31, or 943.32 (2) may be imprisoned for not more than 15 years in excess of the maximum term of imprisonment provided by law for that crime or attempt.
Section 14. 942.095 of the statutes is created to read:
942.095 Sexual extortion. (1) In this section:
(a) “Intimate representation” has the meaning given in s. 942.09 (1) (ag).
(b) “Sexual conduct” has the meaning given in s. 944.21 (2) (e).
(2) Except as provided in sub. (3), whoever does any of the following is guilty of a Class I felony:
(a) Threatens to injure the property or reputation of another person with the
intent to coerce that person to engage in sexual conduct or to produce an intimate representation of that person.
(b) Threatens to commit violence against another person with the intent to coerce that person to engage in sexual conduct or to produce an intimate representation of that person.
(c) Threatens to distribute an intimate representation of another person with the intent to coerce that person to engage in sexual conduct, to produce another intimate representation of that person, to provide the payment of money, property, services, or any other thing of value to the actor, or to do or refrain from doing any act against that person’s will.
(3) Whoever violates sub. (2) is guilty of a Class H felony if any of the following applies:
(a) The victim, as a result of the violation, engages in sexual conduct.
(b) The victim, as a result of the violation, produces an intimate representation.
(c) The victim, as a result of the violation, provides the payment of money, property, services, or any other thing of value to the actor.
(d) The victim, as a result of the violation, suffers great bodily harm.