WISCONSIN CHILD SEXUAL ASSAULT LAWS

FAILURE TO ACT. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class C felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.(s. 948.02(3))

PENALTY ENHANCEMENT; SEXUAL ASSAULT BY CERTAIN PERSONS. If a person violates sub. (1) [first degree sexual assault] or sub. (2) [second degree sexual assault] and the person is responsible for the welfare of the child who is the victim of the violation, the maximum term of imprisonment may be increased by not more than 5 years.(s. 948.02(3m))

MARRIAGE NOT A BAR TO PROSECUTION. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.(s. 948.02(4)) DEATH OF VICTIM. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.(s. 948.02(5))

SEXUAL INTERCOURSE WITH A CHILD AGE 16 OR OLDER. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a class A misdemeanor.(s. 948.09).

ENGAGING IN REPEATED ACTS OF SEXUAL ASSAULT OF THE SAME CHILD. Whoever commits 3 or more violations under s. 948.02(1) or (2) within a specified period of time involving the same child is guilty of a Class B felony.(s. 948.025(1)) [For more information see s. 948.025(2), (3)]

INCEST WITH A CHILD. Whoever does any of the following is guilty of a Class BC felony: (1) Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin; or (2) Is a person responsible for the child’s welfare and: (a) Has knowledge that another person related to the child by blood or adoption in a degree of kinship closer than 2nd cousin has had or intends to have sexual intercourse or sexual contact with the child; (b) Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated; c) Fails to take that action; and (d) The failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.(s. 948.06)

SEXUAL ASSAULT OF A STUDENT BY A SCHOOL INSTRUCTIONAL STAFF PERSON. (1) In this section: (a) School means a public or private elementary or secondary school. (b) School staff means any person who provides services to a school or a school board, including an employe of a school or a school board and a person who provides services to a school or a school board under a contract. (2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant’s spouse is guilty of a Class D felony if all of the following apply: (a) the child is enrolled as a student in a school or a school district. (b) The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student.(s. 948.095)

CHILD ENTICEMENT. Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class BC felony: (1) Having sexual contact or sexual intercourse with the child in violation of s.948.02 or 948.095. (2) Causing the child to engage in prostitution. (3) Exposing a sex organ to the child or causing the child to expose a sex organ in violation of s.948.10. (4) Taking a picture or making an audio recording of the child engaging in sexually explicit conduct. (5) Causing bodily or mental harm to the child. (6) Giving or selling to the child a controlled substance in violation of ch. 161.(s. 948.07)

CAUSING A CHILD TO VIEW OR LISTEN TO SEXUAL ACTIVITY. (1) Whoever intentionally causes a child who has not attained 18 years of age to view or listen to sexually explicit conduct may be penalized as provided in sub. (2) if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child. (2) Whoever violates sub. (1) is guilty of: (a) A Class C felony if the child has not attained the age of 13 years. (b) A class D felony if the child has attained the age of 13 years but has not attained the age of 18 years.(s. 948.055)

EXPOSING GENITALS OR PUBIC AREA. Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes genitals or pubic area to a child is guilty of a Class A misdemeanor. This section does not apply if the child is the defendant's spouse.(s. 948.10)

SOLICITING A CHILD FOR PROSTITUTION. Whoever intentionally solicits or causes any child to practice prostitution or establishes any child in a place of prostitution is guilty of a Class BC felony.(s. 948.08)

FEMALE GENITAL MUTILATION PROHIBITED. (1) In this section, "infibulate" means to clasp together with buckles or stitches. (2) Except as provided in sub. (3), no person may circumcise, excise or infibulate the labia majora, labia minora or clitoris of a female minor. (3) Subsection (2) does not apply if the circumcision, excision or infibulation is performed by a physician, as defined in s. 448.01(5), and is necessary for the health of the female minor or is necessary to correct an anatomical abnormality. (4) None of the following may be asserted as a defense to prosecution or a violation of sub. (2): (a) Consent by the female minor or by a parent of the female minor to the circumcision, excision or infibulation. (b) The circumcision, excision or infibulation is required as a matter of custom or ritual. (5) Whoever violates sub. (2) may be fined not more that $10,000 or imprisoned for not more than 5 years or both.(s. 146.35)

Penalties for a Class B felony (s. 939.50(3)(b)) = imprisonment not to exceed 40 years.

Penalties for a Class BC felony (s. 939.50(3)(bc)) = a fine not to exceed $10,000 or imprisonment not to exceed 20 years, or both.

Penalties for a Class C felony (s. 939.50(3)(c)) = a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.

Penalties for a Class D felony (s. 939.50(3)(d)) = a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.

Penalties for a Class A misdemeanor (s. 939.51(3)(a)) = a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

DEFINITIONS: "Child" means a person who has not attained the age of 18 years. "Person responsible for the child's welfare" includes the child's parent; stepparent; guardian; foster parent; an employee of a public or private residential home, institution or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child. "Sexual contact" means any of the following: (a) Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant's or defendant's intimate parts if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant. (b) Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant. "Sexual intercourse" means vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required. "Sexually explicit conduct" means actual or simulated: (a) Sexual intercourse; (b) Bestiality; (c) Masturbation; (d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or (e) Lewd exhibition of intimate parts.(s. 948.01)

Sources: Chapter 948 and s.939.50-51 of the Wisconsin Statutes

This information sheet was revised in 1997 by the Wisconsin Coalition Against Sexual Assault (WCASA). WCASA is a membership organization of sexual assault centers and other organizations and individuals throughout Wisconsin who are working to end sexual violence. For information sheets on additional topics or for membership information, contact WCASA, 123 E. Main Street, Madison, WI 53703 (608) 257-1516. For more information about sexual assault or to receive support around a sexual assault experience, contact your local sexual assault program. This sheet may be reproduced.