[Adopted 9-2-1999 by Ord. No. 99-19; amended in its entirety 1-8-2009]
The Menominee Tribal Legislature is empowered by the Menominee
Constitution and Bylaws to enact ordinances for the preservation of
tribal welfare, peace, and safety.
As used in this article, the following terms shall have the
meanings indicated:
Includes but is not limited to the child's parent; guardian;
foster parent; an employee of a public or private group home, institution
or agency entrusted with the care of a child; or a person employed
by one legally responsible for the child's welfare to exercise temporary
control or care for the child or other person entrusted with the care
of the child.
Refers to social service entities responsible for the licensing
and supervision of group homes, child caring institutions, and day-care
facilities licensed by the Tribe or under § 48.65, Wis.
Stats., providing care and supervision of children for less than 24
hours a day.
Any of the following:
Intentional touching by the defendant either directly or through
clothing by the use of any body part or object of the child's or defendant's
intimate parts if that intentional touching is either for the purpose
of sexually degrading or for the purpose of sexually humiliating the
child or sexually arousing or gratifying the defendant.
Intentional penile ejaculation of ejaculate or intentional emission
of urine or feces by the defendant upon any part of the body, clothed
or unclothed, of the child, if that ejaculation or emission is either
for the purpose of sexually degrading or sexually humiliating the
complainant or for the purpose of sexually arousing or gratifying
the defendant.
Refers to vulvar penetration as well as cunnilingus, fellatio
or anal intercourse between persons or any other intrusion, however
slight, of any part of a person's body or of any object into the genital
or anal opening either by the defendant or upon the defendant's instruction.
The emission of semen is not required.
A.
Whoever
has sexual contact or sexual intercourse with a person who has not
attained the age of 14 years is guilty of the crime of first degree
sexual assault of a child.
B.
Whoever
has sexual contact or sexual intercourse with a person who has not
attained the age of 16 years is guilty of the crime of second degree
sexual assault of a child.
C.
Whoever
has at least attained the age of 18 years and has sexual contact or
sexual intercourse with a person who has attained the age of 16 years
but has not attained the age of 18 years is guilty of the crime of
third degree sexual assault of a child.
D.
Whoever
has sexual contact with a person under the age of 18 years is guilty
of the crime of fourth degree sexual assault of a child.
A person responsible for the welfare for a child who has not
attained the age of 16 years is guilty of failure to act to prevent
sexual assault of a child if that person has knowledge that another
person intends to have, is having or has had sexual intercourse or
sexual contact with the child, is physically and emotionally capable
of taking action which will prevent the intercourse or contact from
taking place or being repeated, fails to take that action and the
failure to act exposes the child to an unreasonable risk that intercourse
or contact may occur between the child and the other person or facilitates
the intercourse or contact that does occur between the child and the
other person.
A defendant shall not be presumed to be incapable of violating
this article because of marriage to the complainant.
Upon request by a victim, the Court may order the following:
A.
To administer to a defendant, against whom an information or criminal
complaint is presented for a crime in which the perpetrator compels
the victim to engage in sexual activity, testing for the immunodeficiency
virus (HIV) not later than 48 hours after the date on which the information
or criminal complaint is presented.
B.
As soon as practicable, notification to the victim, or parent and
guardian of the victim, and defendant of the testing results; and
C.
Follow-up tests for HIV as may be medically appropriate, and that
as soon as practicable after each such test the results be made available
to the victim, or parent and guardian of the victim, and the defendant.
A.
Upon conviction, the Court shall impose the following penalties:
(1)
First
degree sexual assault of a child: a jail term of one year and a fine
of $5,000.
(2)
Second
degree sexual assault of a child: a jail term of not less than 10
months nor more than one year and a fine of not less than $4,000 nor
more than $5,000.
(3)
Third
degree sexual assault of a child: a jail term of not less than eight
months nor more than one year and a fine of not less than $3,000 nor
more than $5,000.
(4)
Fourth
degree sexual assault of a child: a jail term of not less than six
months nor more than nine months and a fine of not less than $1,000
nor more than $3,000.
(5)
Failure
to act to prevent sexual assault of a child: a jail term of not less
than four months nor more than six months and a fine of not less than
$500 nor more than $2,500
B.
Penalty enhancement; sexual assault by certain persons. If the person
who assaults the child is responsible for the welfare of the child
who is assaulted the jail term shall be increased to a jail term of
one year and a fine of $5,000.
C.
In addition to the penalties listed above, if a person is convicted
of a sexual assault crime under this article, the person shall be
required to complete a sex offender treatment program.
D.
If a victim of a sexual assault crime under this article seeks counseling
or mental health treatment, the entire uninsured costs of any such
counseling or mental health treatment related to the sexual assault
shall be the responsibility of the person convicted.
E.
The Court may, in its discretion, stay 1/2 of the jail term to a
period of probation with appropriate conditions; however, the convicted
defendant must actually serve 1/2 of the jail term before he or she
is eligible for probation.
