State v. Smith

LOUIS B. BUTLER, JR., J.

¶ 35. (concurring in part, dissenting in part). The majority concludes that *79whether a "court of competent jurisdiction" issued a child support order is not an element of the crime of failure to pay child support under Wis. Stat. § 948.22. Majority op., ¶ 2. With this conclusion, I agree. The crime of felony child support contains the following elements: (1) that the defendant intentionally failed to provide child support; (2) that the intentional failure to provide support continued for 120 or more consecutive days; and (3) that the defendant knew or reasonably should…