State v. Sostre

The issue in this case is whether a live-in boyfriend, who is a volunteer caretaker of a child, is a "person ... responsible for the welfare of [a] child," and thereby subject to the penalty enhancer found in Wis. Stat. § 948.03(5) (1993-94). We hold that a live-in boyfriend can be a "person . . . responsible for the welfare of [a] child," if he was used by the legal guardian of the child as a caretaker for the child. In such situations, it is appropriate for the penalty enhancer found in Wis. Stat. § 948.03(5) to be applied.

The facts in this case are not in dispute. On November 10, 1991,…