Penalty enhancer for crimes committed by a person acting as an agent of a foreign government or terrorist organization with the intent to silence or punish persons for their political view, criminalizing the enforcement , the official text

2025 - 2026 LEGISLATURE
LRB-4537/1
CMH:ads&cjs

2025 ASSEMBLY BILL 672
November 19, 2025 - Introduced by Representatives Moses, Dallman, Knodl, O'Connor, Penterman, Murphy, Kurtz, Melotik, Green, Behnke, Brill, Piwowarczyk and Callahan, cosponsored by Senators Testin, Tomczyk, Jacque, Nass and Feyen. Referred to Committee on Criminal Justice and Public Safety.

An Act to amend 973.01 (2) (c) 2. a.; to create 165.27, 939.64 and 946.685 of the statutes; relating to: penalty enhancer for crimes committed by a person acting as an agent of a foreign government or terrorist organization with the intent to silence or punish persons for their political view, criminalizing the enforcement of foreign laws without federal or state approval, and providing a penalty.

Analysis by the Legislative Reference Bureau
Current law classifies crimes as Class A to I felonies or Class A to C misdemeanors. Current law also provides penalty enhancers if a crime is committed under certain circumstances. Under this bill, a person who commits a crime is guilty of a crime that is one classification level higher than current law provides if the underlying crime is committed by a person acting as an agent of a foreign government or foreign terrorist organization with the intent to harass, intimidate, silence, punish, or otherwise impose the foreign government’s or foreign terrorist organization’s control, preferences, viewpoints, or laws upon a dissident; exile; activist; journalist; political opponent; member of a religious, ethnic, or political minority group; or citizen of another country due to their political view. This is commonly known as transnational repression.
The bill also requires the Department of Justice to do all of the following: 1) develop a training program for law enforcement officers on how to identify and respond to transnational repression; 2) develop best practices on how to prevent transnational repression within local communities; 3) maintain a list of countries and foreign terrorist organizations that perpetrate transnational repression; and 4) develop a public awareness campaign to help individuals identify and report cases of transnational repression.
The bill also makes it a Class E felony to intentionally engage in the prevention, detection, investigation, monitoring, surveilling, or prosecution of an offense under the law or rule of a foreign government or foreign terrorist organization without the approval of the federal government or a Wisconsin law enforcement agency with jurisdiction. The bill imposes a three-year mandatory minimum term of confinement in prison and a mandatory minimum fine of at least $10,000 for a conviction.
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.
For further information see the state 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:

Section 1. 165.27 of the statutes is created to read:
165.27 Transnational repression training, prevention, and awareness. (1) In this section, “transnational repression” means an action taken by a person acting as an agent of or on behalf of a foreign government or foreign terrorist organization, outside of the jurisdiction of the government or organization, with the intent to harass, intimidate, silence, punish, or otherwise impose the foreign government’s or foreign terrorist organization’s control, preferences, viewpoints, or laws upon a dissident; exile; activist; journalist; political opponent; member of a religious, ethnic, or political minority group; or citizen of another country due to their political view.
(2) The department of justice shall do all of the following:

(a) Develop a training program for law enforcement officers on how to identify and respond to transnational repression.
(b) Maintain a list of countries and foreign terrorist organizations that perpetrate transnational repression frequently, including how the countries and organizations perpetrate transnational repression.
(c) Develop best practices for preventing transnational repression within local communities.
(d) Develop a public awareness campaign to help individuals identify and report possible cases of transnational repression and to collect examples of cases from the public. The public awareness campaign shall include institutions of higher education with foreign student populations.
(e) Create a digital portal on the department’s website for reporting suspected cases of transnational repression.
(3) The department of justice shall submit a report annually to the appropriate standing committees of the legislature under s. 13.172 (3) detailing identified cases of transnational repression.
Section 2. 939.64 of the statutes is created to read:
939.64 Penalty enhancer; crime committed as act of transnational repression. (1) If a person commits, or solicits, conspires, or attempts under s. 939.30, 939.31, or 939.32 to commit, a crime under chs. 939 to 948, the classification for the underlying crime is increased as provided under sub. (2) if all of the following apply:
(a) The action is taken by a person acting as an agent of or on behalf of a foreign government or foreign terrorist organization.

(b) The action is taken with the intent to harass, intimidate, silence, punish, or otherwise impose the foreign government’s or foreign terrorist organization’s control, preferences, viewpoints, or laws upon a dissident; exile; activist; journalist; political opponent; member of a religious, ethnic, or political minority group; or citizen of another country due to their political view.
(2) (a) If the underlying crime under sub. (1) is a Class B to I felony, the person is guilty of a felony that is one classification higher than the classification of the underlying crime.
(b) If the underlying crime under sub. (1) is a Class A misdemeanor, the person is guilty of a Class I felony.
(c) If the underlying crime under sub. (1) is a misdemeanor other than a Class A misdemeanor, the person is guilty of a misdemeanor that is one classification higher than the classification of the underlying crime.
(3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the elements specified in sub. (1).
Section 3. 946.685 of the statutes is created to read:
946.685 Illegally enforcing foreign laws. (1) No person may intentionally engage in the prevention, detection, investigation, monitoring, surveilling, or prosecution of an offense under the law or rule of a foreign government or foreign terrorist organization at the direction of the foreign government or foreign terrorist organization without the prior approval of the federal government or a Wisconsin law enforcement agency with jurisdiction.
(2) A person who violates sub. (1) is guilty of a Class E felony. If a person is
convicted of a violation of sub. (1), 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 3 years, and the person shall be fined at least $10,000. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
Section 4. 973.01 (2) (c) 2. a. of the statutes is amended to read:
973.01 (2) (c) 2. a. Sections 939.621, 939.623, 939.632, 939.635, 939.64, 939.645, 946.42 (4), 961.442, 961.46, and 961.49.
(end)