948.10 Exposing genitals, pubic area, or intimate parts.
(1) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals, pubic area, or intimate parts or exposes genitals, pubic area, or intimate parts to a child is guilty of the following:
(a) Except as provided in par. (b), a Class I felony.
(b) A Class A misdemeanor if any of the following applies:
1. The actor is a child when the violation occurs.
2. At the time of the violation, the actor had not attained the age of 19 years and was not more than 4 years older than the child.
(2) Subsection (1) does not apply under any of the following circumstances:
(a) The child is the defendant's spouse.
(b) A mother's breast-feeding of her child.
History: 1987 a. 332; 1989 a. 31; 1995 a. 165; 2009 a. 202; 2013 a. 362.
Like other statutes in ch. 948 that create strict liability for crimes against children, this section can only be employed in situations involving face-to-face contact at the time of the crime and not to remote exposures such as over the Internet. This section lacks the scienter element of age of the victim that is necessary in a variable obscenity statute. State v. Stuckey, 2013 WI App 98, 349 Wis. 2d 654, 837 N.W.2d 160, 12-1776.
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