NBC News reports that Rep. Melissa Sargent of Wisconsin proposed bill LRB3346 earlier this month, which explicitly states that if, “an actor removes a sexually protective device such as a condom before or during sexual intercourse or other sexual contact without his or her partner’s permission, there has been no valid consent to that sexual act.”
“This is clearly a sexual crime,” Sargent told the Capital Times. “There are victims and predators.”
Sargent introduced her bill, LRB 3346, on May 4. Co-sponsors can sign on until May 19. In the bill, Sargent outlines the definition of stealthing: the removal of “a sexually protective device without the partner’s knowledge or permission” after both parties consent to sex on the condition that a condom, diaphragm or other contraceptive is used.
Sargent told HuffPost on Tuesday that the act of stealthing is “creepy and egregious,” and that she also made sure to use gender-neutral language in the law to ensure that victims of all genders and gender identities are supported.
The press release did not provide specific language about what the punishment for those found guilty of stealthing would be, but under current Wisconsin law, sexual assault falls into the group of Class B and C felonies ― Class B felonies are punishable by up to 60 years in prison and Class C felonies are punishable by up to 40 years in prison and a fine of $100,000.