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SVP – Repealed Statute as Predicate Offense

State v. Frederick L. Pharm, 2000 WI App 167, 238 Wis. 2d 97, 617 N.W.2d 163
For Pharm: Jack E. Schairer

Issue: Whether conviction under the since-repealed statute of indecent behavior with a child may serve as a predicate offense for a Ch. 980 commitment.

Holding: “(T)he legislature clearly intended to include, within the definition of ‘sexually violent offense,’ the conduct prohibited under a previous version of a statute enumerated in Wis. Stat. § 980.01(6), as long as the conduct prohibited under the predecessor statutes remains prohibited under the current enumerated statute.” ¶19. Because the conduct Pharm was convicted of under a repealed statute, indecent behavior with a child, § 944.13 (1973-74), remains prohibited under current statutes, he was convicted of a 980-eligible offense. Id.

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