Section 939.617. Minimum sentence for certain child sex offenses.

 

(1)  Except as provided in subs. (2) and (3) , if a person is convicted of a violation of s. 948.05 , 948.075 , or 948.12 , 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 5 years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12 . Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.

(2)  If the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record, the court may impose a sentence that is less than the sentence required under sub. (1) or may place the person on probation under any of the following circumstances:

(a) If the person is convicted of a violation of s. 948.05 , the person is no more than 48 months older than the child who is the victim of the violation.

(b) If the person is convicted of a violation of s. 948.12 , the person is no more than 48 months older than the child who engaged in the sexually explicit conduct.

(3)  This section does not apply if the offender was under 18 years of age when the violation occurred.

2005 a. 433 ; 2011 a.272 ; 2013 a. 165 s. 115 . The legislature had reasonable and practical grounds for making a conviction for using a computer to facilitate a child sex crime under s. 948.075 (1r) subject to a mandatory minimum sentence. Thus, there was a rational basis for the penalty enhancer in sub. (1) and sub. (1) was not unconstitutional as applied to the defendant. State v. Heidke, 2016 WI App 55 , ___ Wis. 2d ___, 883 N.W.2d 162 , 15-1420 .