§ 940.225(2)(g), Sexual Assault – Elements: Employee of In-Patient Treatment Facility Within § 940.295(2) / § 50.135(1)

State v. John F. Powers, 2004 WI App 156

For Powers: Marcus J. Berghahn; John D. Hyland

Issue/Holding: An employee of the Tomah VA Medical Center is not an employee of an in-patient treatment facility within the meaning of §§ 940.225(2)(g), 940.295(2)(b), (c), (h), (k), and 50.135(1), because the Center is not licensed or approved by DHFS, ¶11, and the pending charge under that section must therefore be dismissed, ¶20. (§ 940.225(2)(g) does apply to other facilities than in-patent treatment, but under the particular facts that is the only possible candidate, ¶9.)

Of note: The court’s statutory construction analysis may be of some interest, in particular the court’s reliance on the LRB Bill Drafting Manual which, the court pointedly says, is not an extrinsic source (i.e., one that may be consulted only if the statutory text is ambiguous) but, rather, is a reference work that “assists us in determining the meaning of the statutory language itself by revealing the standards and definitions relied on by those who choose and arrange the words, phrases and punctuation found in the Wisconsin Statutes.” ¶14 n. 8. The Manual is revised biennially. Not available on-line, the library call number is KFW/2821.5/B5/A85.