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Legal Statutes: Wisconsin

UPDATED August 7, 2017

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Subchapter II. Bodily Security

back to top948.02. Sexual assault of a child

(1) First degree sexual assault. (am) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony.

(b) Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony.

(c) Whoever has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony.

(d) Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs.

(e) 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.

(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.

(3) 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 F 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.

(4) 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.

(5) Death of victim. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.

1987 Act 332, § 55, eff. July 1, 1989. 1989 Act 31, § 2836bc, eff. Aug. 9, 1989. 1995 Act 14, § 1, eff. May 31, 1995. 1995 Act 69, § 12, eff. Dec. 2, 1995.  2001 Act 109, §§ 879 to 881, eff. Feb. 1, 2003.  2005 Act 430, §§ 3, 4, eff. June 6, 2006. 2005 Act 437, §§ 1, 2, eff. June 6, 2006. 2007 Act 80, § 12, eff. March 27, 2008. 2013 Act 167, § 3, eff. March 29, 2014.