Wis. Stat. § 939.623
Increased penalty for elder person or adult-at-risk victims
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2021
As of January 1, 2003
(1) In this section, "serious sex crime" means a violation of s. 940.225 (1) or (2) .
(2) If a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall impose a bifurcated sentence under s. 973.01 . The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place the defendant on probation.
(1) In this section, “elder person” means any individual who is 60 years of age or older.
(2) If the crime victim is an elder person, and the present conviction is for any crime for which imprisonment may be imposed, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
(a) A maximum term of imprisonment of one year or less may be increased to not more than 2 years.
(b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 4 years.
(c) A maximum term of imprisonment of more than 10 years may be increased by not more than 6 years.
(3) This section applies irrespective of whether the defendant had actual knowledge of the crime victim's age. A mistake regarding the crime victim's age is not a defense to an increased penalty under this section.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.