Wisconsin grooming law could borrow from Illinois, Florida definitions

(The Center Square) – The definition of grooming in a new law being proposed in Wisconsin will include influence from a 2021 Illinois law and a 2024 law passed in Florida, according to the bill’s sponsor.

Rep. Amanda Nedweski, R-Pleasant Prairie, spoke with News Talk 1130-WISN on Wednesday, asking questions on behalf of The Center Square about Nedweski’s proposal, which she has begun pushing after a series of stories from Madison’s Capital Times showed flaws in the Wisconsin Department of Public Instruction’s process of investigating sexual misconduct and grooming cases.

DPI said in a Friday statement that grooming and professional boundary violations aren’t included in current statute in the definition of immoral conduct, “limiting our agency’s ability to obtain critical pieces of information.”

But the statutory definition of immoral conduct is “conduct or behavior that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare, or education of any pupil.”

“I would beg to differ,” Nedweski said in her Wednesday radio interview. “I might say ‘Gee, I think grooming and professional boundary violations certainly are contrary to commonly accepted moral and ethical standards.’

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“I’m concerned that the state’s superintendent of schools is saying maybe they don’t fall under that standard. It’s very concerning and I’m hoping to get an answer on that tomorrow.”

The Illinois grooming law, dubbed Faith’s Law, passed the Legislature unanimously in 2021 before being signed into law by Gov. JB Pritzker.

That law requires school districts to create a code of conduct for teachers to protect students from misconduct and also includes the requirement of a resource guide for parents that must be posted on the school’s website and listed in the school’s handbooks.

The definition is “when he or she knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission, performs an act in person or by conduct through a third party, or uses written communication to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child, a child’s guardian, or another person believed by the person to be a child or a child’s guardian, to commit any sex offense … to distribute photographs depicting the sex organs of the child, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child.”

The Florida law passed the House unanimously, the Florida Senate amended it and it passed unanimously and then 11 representatives voted against the final bill because it changed the word “grooming” to “harmful communication to a minor.”

“We’re going to do the best we can to have a comprehensive definition of what grooming is in the statute once we introduce the bill and then we will have different levels of penalty for different types of interactions,” Nedweski said, noting that seven or eight states already have “good laws” on the topic that Wisconsin can learn from.

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She said there are multiple advocacy groups that can conduct professional development for teachers are the correct professional boundaries.

Attempts by The Center Square to reach DPI the Wisconsin Education Association Council were unsuccessful.

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