Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
URL: LEGIS.STATE.WI.US
CRIMINAL CODE
948.02 Sexual assault of a child.
948.02(1)
(1) First degree sexual assault.
Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of a Class B felony.
948.02(2)
(2) Second
degree sexual assault.
Whoever
has sexual contact or sexual intercourse with a person who has not attained the
age of 16 years is guilty of a Class C felony
948.05(1)
(1) Whoever does any of the
following with knowledge of the character and content of the sexually explicit
conduct involving the child is guilty of a Class F felony:
948.05(1)(a)
(a) Employs, uses, persuades, induces, entices, or
coerces any child to engage in sexually explicit conduct for the purpose of recording
or displaying in any way the conduct
948.05(1)(b)
(b) Records or displays in any way a
child engaged in sexually explicit conduct
948.05(1m)
(1m) Whoever
produces, performs in, profits from, promotes, imports into the state,
reproduces, advertises, sells, distributes, or possesses with intent to sell or
distribute, any recording of a child engaging in sexually explicit conduct is
guilty of a Class F felony if the person knows the character and content of the
sexually explicit conduct involving the child and if the person knows or
reasonably should know that the child engaging in the sexually explicit conduct
has not attained the age of 18 years.
948.05(2)
(2) A person
responsible for a child's welfare who knowingly permits, allows or encourages the
child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a) or (b) or(1m) is guilty of a Class F felony
948.06
Whoever does any of the following is
guilty of a Class C felony:
948.06(1)
(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
948.06(2)
(2) Is a person responsible for the
child's welfare and:
948.06(2)(a)
(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;
948.06(2)(b)
(b) Is physically and emotionally capable
of taking action that will prevent the intercourse or contact from occurring or
being repeated;
948.06(2)(c)
(c) Fails to take that action; and
948.06(2)(d)
(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.
948.07
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 D
felony:
948.07(1)
(1) Having sexual
contact or sexual intercourse with the child in violation of
948.07(2)
(2) Causing the child to engage in prostitution.
948.07(3)
(3) Exposing a sex organ to the
child or causing the child to expose a sex organ in violation.
948.07(4)
(4) Recording the child engaging in
sexually explicit conduct.
948.07(5)
(5) Causing bodily or mental harm to
the child.
948.07(6)
(6) Giving or selling to the child a controlled substance or
controlled substance analog in violation of.
CHAPTER 940
940.225 SEXUAL ASSUALT
940.225(1)
(1) First degree sexual assault.
Whoever
does any of the following is guilty of a Class B felony
940.225(1)(a)
(a) Has sexual contact or sexual intercourse with another
person without consent of that person and causes pregnancy or great bodily harm
to that person.
940.225(1)(b)
(b) Has sexual contact or
sexual intercourse with another person without consent of that person by use or
threat of use of a dangerous weapon or any article used or fashioned in a
manner to lead the victim reasonably to believe it to be a dangerous weapon
940.225(1)(c)
(c) Is aided or abetted by one or more other persons and has
sexual contact or sexual intercourse with another person without consent of
that person by use or threat of force or violence.
940.225(2)
(2) Second degree sexual assault. Whoever does any of the following is
guilty of a Class C felony:
940.225(2)(a)
(a) Has sexual contact or sexual intercourse with
another person without consent of that person by use or threat of force or
violence.
940.225(2)(b)
(b) Has sexual contact or sexual intercourse with
another person without consent of that person and causes injury, illness,
disease or impairment of a sexual or reproductive organ, or mental anguish
requiring psychiatric care for the victim
940.225(2)(c)
(c) Has sexual contact or sexual intercourse with a
person who suffers from a mental illness or deficiency which renders that
person temporarily or permanently incapable of appraising the person's conduct,
and the defendant knows of such condition.
940.225(2)(cm)
(cm) Has sexual contact or sexual intercourse with a
person who is under the influence of an intoxicant to a degree which renders
that person incapable of appraising the person's conduct, and the defendant
knows of such condition.
940.225(2)(d)
(d) Has sexual contact or sexual intercourse with a
person who the defendant knows is unconscious.
940.225(2)(f)
(f) Is aided or abetted by one or more other persons
and has sexual contact or sexual intercourse with another person without the
consent of that person
940.225(2)(g)
(g) Is an employee of a
facility or program s. 940.295 (2) (b), (c),(h),(k) and has sexual contact or sexual intercourse with a person
who is a patient or resident of the facility or program.
940.225(2)(h)
(h) Has sexual contact or sexual intercourse with an
individual who is confined in a correctional institution if the actor is a
correctional staff member. This paragraph does not apply if the individual with
whom the actor has sexual contact or sexual intercourse is subject to
prosecution for the sexual contact or sexual intercourse under this section
940.225(2)(i)
(i) Has sexual
contact or sexual intercourse with an individual who is on probation, parole, or
extended supervision if the actor is a probation, parole, or extended
supervision agent who supervises the individual, either directly or through a
subordinate, in his or her capacity as a probation, parole, or extended
supervision agent or who has influenced or has attempted to influence another
probation, parole, or extended supervision agent's supervision of the
individual. This paragraph does not apply if the individual with whom the actor
has sexual contact or sexual intercourse is subject to prosecution for the
sexual contact or sexual intercourse under this section.
940.225(3)
(3) Third degree sexual assault. Whoever
has sexual intercourse with a person without the consent of that person is
guilty of a Class G felony. Whoever has sexual contact in the manner described
in sub. (5) (b)
2. with a person without the consent of that person
is guilty of a Class G felony.
940.225(3m)
(3m) Fourth degree sexual assault. Except as
provided sub.
(3), whoever has sexual contact with a person without
the consent of that person is guilty of a Class A misdemeanor.
939.74
Time limitations on prosecutions
939.74(2)(a)
(a) A prosecution under s. 940.01, 940.02, 940.03, 940.05 may be commenced at any time.
939.74(2)(am)
(am) A prosecution under s. 940.06 may be commenced
within 15 years after the commission of the violation
939.74(2)(c)
(c) A prosecution for violation s. 948.02, 948.025, 948.05, 948.06, 948.07
(1), (2), (3), or (4), 948.075, 948.08, or 948.095 shall be commenced before the victim reaches the age of 45
years or be barred, except as provided in sub. (2d) (c).
939.74(2)(cm)
(cm) A prosecution for violation of s. 948.03 (2) (b) or (c), (3) or (4), 948.04 or 948.07 (5) or (6) shall be commenced before the victim reaches the age of 26
years or be barred.
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Revised 10/04