(1) In this section, “position of trust or authority over the child” means a relationship between a person and a child in which the person has regular and direct contact with the child and power or control over the child’s welfare, education, or other factors important to the child. (2) No person may engage in a course of conduct, pattern of behavior, or series of acts with the intention to condition, seduce, solicit, lure, or entice a child for the purpose of engaging in sexual intercourse or sexual contact, or for the purpose of producing, distributing, or possessing depictions of the child engaged in sexually explicit conduct. For purposes of this section, a course of conduct, pattern of behavior, or series of acts may include, among other activities, any of the following: (a) Verbal comments, suggestions, or conversations of a sexual nature directed toward a child. (b) Inappropriate or sexualized physical contact or attempts to initiate such contact. (c) Written, electronic, or digital communications, including using text messages, emails, social media, or online platforms, to seduce, solicit, lure, or entice a child. (d) Provision or promise of gifts, favors, privileges, attention, or other items of value with the intent to lower a child’s inhibitions, gain trust, or create emotional dependence. (e) An act intending to isolate a child, or to encourage a child to separate, from family, peers, or guardians. (f) Use of a computer, online service, Internet service, local bulletin board service, or any device capable of electronic data storage or transmission to contact a child, a child’s guardian, or any person believed by the actor to be a child or a child’s guardian. (3) Except as provided in sub. (4), a person who violates sub. (2) is guilty of the following: (a) A Class G felony. (b) If the person is in a position of trust or authority over the child, a Class F felony. (c) If the child has a developmental, cognitive, or physical disability that is known, or should be known, by the person, a Class E felony. (d) If the violation involves 2 or more children, a Class D felony. (4) Subsection (3) does not apply to a person who has not attained the age of 19 if the violation involves a child who is not more than 4 years younger than the person unless the violation involves force, coercion, or abuse of a position of trust or authority over the child. (5) Consent is not an issue or a defense in alleged violations of sub. (3) [sub. (2)].
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