“The strong penalties in AB 677 serve as a stern warning and deterrent to bad actors," Rep. Amanda Nedweski said. (Photo by Baylor Spears/Wisconsin Examiner)

A bill that would establish child grooming as a felony crime in Wisconsin received a public hearing Tuesday.

Rep. Amanda Nedweski (R-Pleasant Prairie) and Sen. Jesse James (R-Thorp) introduced the bill late last year after a report from the Capital Times found that there were over 200 investigations into teacher licenses stemming from allegations of sexual misconduct or grooming from 2018 to 2023. 

Nedweski spoke about the case of Christian Enwright, a former Kenosha teacher who pleaded guilty last year to over a dozen misdemeanor counts of disorderly conduct after he had an inappropriate relationship with a 14-year-old student, during the Assembly Criminal Justice and Public Safety Committee hearing. 

“Unfortunately, the Christian Enwright story is all too common. For too long, these cases have been swept under the rug and child victims were put through a lifetime trauma, often knowing that the person who preyed upon them is likely out there doing it to another child,” Nedweski said. “The strong penalties in AB 677 serve as a stern warning and deterrent to bad actors. The bill ensures that adults who exploit positions of trust to manipulate and prey upon children can no longer hide behind misdemeanor charges or technical gaps in state law.” 

Under the AB 677, grooming would be defined as “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 producing distributing or possessing depictions of the child engaged in sexually explicit conduct.” 

Examples of behavior that would constitute grooming include verbal comments or conversations of a sexual nature directed at a child, inappropriate or sexualized physical contact; communication over text and social media to lure or entice a child; promising gifts, privileges, or special attention to lower a child’s inhibitions or create emotional dependence; and acts intended to isolate a child from family or peers.

While the bill was spurred in part due to cases involving teachers, the bill authors told the Assembly Criminal Justice and Public Safety Committee that the bill would not just address grooming happening in the school arena. 

“It is important to remember that grooming can happen anywhere — grooming can happen anywhere, not just in our schools. This bill is not targeted at schools, but at grooming whenever and wherever it might happen,” James said. “I believe that it will have a strong deterrence effect. Clear criminalization of grooming behavior sends a strong message that predatory conduct will not be tolerated in Wisconsin.” 

A person convicted of a grooming charge, under the bill, would be guilty of a Class G felony. The charge would increase to a Class F felony if the person is in a position of trust or authority, and to a Class E felony if the child has a disability and to a Class D felony if the violation involves two or more children. A convicted person would need to register as a sex offender.

During the hearing, Rep. Jodi Emerson (D-Eau Claire) said she thinks the bill is important, but expressed some concerns about whether it could result in a “chilling effect” that would discourage people from taking on mentorship roles or interacting with children. She said she wanted to ensure that lawmakers got the definition of grooming correct.  

“I think that this is a bill that if we get it right, we are going to protect so many kids and if we get it wrong, we are going to put a lot of people at risk,” Emerson said. 

Nedweski said legislators should remember that the bill would be related to a pattern of behavior, not a one-time occurrence, that there would need to be the intention to “entice” a child and it would be up to a prosecutor to decide whether a person’s behavior fits the crime. 

“That’s why we work so hard to get the definition as right as we can,” Nedweski said, adding that she and her colleagues  have worked with law enforcement and prosecutors to develop the bill and looked at what other states have done. “Nothing is ever going to be 100% perfect, but I think we’re pretty darn close.” 

Rich Judge, DPI assistant state superintendent for the division of government and public affairs, registered in favor of the bill on behalf of the agency, though he did not provide testimony. DPI Superintendent Jill Underly has previously said defining grooming is one of the top steps the state can take to work to address the issue.