State v. John S. Provo, 2004 WI App 97, PFR filed 5/7/04 For Provo: William H. Gergen Issue/Holding: “… We hold that § 948.07 requires only that the defendant cause the child to go into any vehicle, building, room, or secluded place with the intent to engage in illicit conduct, but not that the child… Read more
3. Elements
State v. James F. Brienzo, 2003 WI App 203, PFR filed 10/10/03 For Brienzo: Jerome F. Buting Issue: Whether attempted sexual assault of a child (by intercourse), § 948.02(2), is a crime known to law, in that the offense lacks an intent element and any crime of intent, § 939.32, requires specific intent for the completed act… Read more
State v. Michael J. Forster, 2003 WI App 29, PFR filed 1/31/03 For Forster: Martha K. Askins, SPD, Madison Appellate Issue: Whether designation of “breast,” in § 939.22(19), applies to males as well females, so that touching of a male breast may constitute sexual assault. Holding: The statute plainly applies to the “intimate parts,” including “chest,” “of a… Read more
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The specifically prohibited “purpose” of sexual contact (i.e., sexual degradation, humiliation, arousal, or gratification) is not listed in § 948.02(2), but is nonetheless defined in § 948.01(5) as an element. ¶9 and id., n. 4, following State… Read more
State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶32. Schaefer claims that by allowing conviction for possession of child pornography when a defendant “reasonably should know” that the child depicted is under eighteen years of age, Wis. Stat. § 948.12 omits a scienter… Read more
State v. John A. Jipson, 2003 WI App 222 For Jipson: Martha K. Askins, SPD, Madison Appellate Issue/Holding: On a charge of 2nd-degree sexual assault, § 948.02(2), the guilty plea court must ascertain the defendant’s knowledge of the element of intent, namely that the defendant had sexual contact for the purpose of sexual degradation, humiliation, arousal… Read more
State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue/Holding: The evidence was sufficient to establish the intent element, and therefore to support conviction, for contributing to delinquency of a minor, § 948.40(1): “The jury reasonably could infer from the evidence that Williams was aware that his participation… Read more
State v. Timothy P. Koenck, 2001 WI App 93, 242 Wis. 2d 693, 626 N.W.2d 359 For Koenck: Lew Wasserman Issue: “(W)hether in a prosecution under § 948.07 the charges must be dismissed because the State cannot prove that the victim had not attained the age of eighteen [because the ‘victim’ is fictitious].” ¶7. Holding… Read more
