A new piece of legislation intended to strengthen existing child enticement laws in the state was proposed by Sen. Joe Leibham, R-Sheboygan, late last week.
Leibham announced he is drafting a bill to change the current child enticement law, removing a controversial provision in existing law saying a sexual offense must occur in a "secluded" area. The new legislation will soon circulate among the state Congress to find co-sponsors.
Under the current child enticement law, it is a felony to lure or force a person younger than the age of 18 into any vehicle, building, room or secluded place with the intention of committing sexual or vulgar acts. Leibham's bill will simplify the current law and make it a felony to lure or force a child to any place, secluded or not, for sexual or lewd contact.
"I hope that everyone agrees that child enticement by a would-be sexual predator is an egregious crime that should be subject to felony charges whether or not the offender intended to commit the crime in a ‘secluded place,'" Leibham said in Thursday's press release.
A recent child enticement court case involving alleged interactions between a 9-year-old girl and 44-year-old man prompted Leibham to draft this bill.
According to Sheboygan County District Attorney Joe DeCecco, Mitchell Pask was in a park consuming alcohol with two of his friends when he spotted a 9-year-old girl playing. He then walked past her three times upon offering her candy and asking her to come with him under a roofed picnic area without walls. The girl declined and left the park with her friend.
Pask was arrested on felony charges and was found guilty by a jury after 30 minutes of deliberations. Judge Timothy Van Akkeren threw out the jury's verdict, ruling the park shelter where Pask lured the girl was not a "secluded" area as defined by current law, DeCecco said.
According to the release, many of Leibham's constituents are enraged with Van Akkeren's decision and have bombarded Leibham's office.
"Each constituent has asked that I review the statute and strengthen the law if necessary to ensure this never happens again," Leibham said in the release.
DeCecco said he has appealed Van Akkeren's decision to toss the conviction, saying where Pask was trying to take the girl is irrelevant.
"As long as she keeps following him, he can take her anywhere," he said.
DeCecco added he was "absolutely stunned" with Van Akkeren's ruling.
"You don't mess with the jury verdict," DeCecco said. "It's something that's just not done. But this judge did."
DeCecco is in favor of a bill that would eliminate the word "secluded" from law because this would remove any loopholes and keep children safe.
"[The bill] would help," DeCecco said. "If there is a problem like this in the future, it would be easier to prosecute."
Leibham said he is optimistic about the appeal process, although it will not influence Van Akkeren's decision in Pask's case.
"While I am hopeful that the appeal process will overturn the stunning ruling, I am prepared to introduce legislation to strengthen the law so that more of our children are not abused in that way," Leibham said in the release.
"Parents need to know that the law is on their side and that predators who would take advantage of their children for their own personal gratification will be subject to very serious penalties and prosecution to the fullest extent under a clear and concise criminal statute," Leibham added.
According to the release, Leibham hopes the bill will pass during the fall or spring legislative session.