The Degrees and Penalties of Sexual Assault in Wisconsin

It can be confusing to differentiate the degrees and penalties of sexual assault in Wisconsin. To help make things simpler, we have listed them here:

1st Degree Sexual Assault

  1. Non-consensual sexual contact that results in pregnancy or severe bodily harm
  2. Sexual contact involving the use or threat of a deadly weapon, such as a gun or knife
  3. Violent, non-consensual sexual contact that another person aids.
  4. Sexual connection with the use of force or violence involving a child under 16 years old.

Penalty: Class B felony, involving up to 60 years in prison. The defendant could face life imprisonment if the victim is under 13 years old.

2nd Degree Sexual Assault

  1. Sexual contact involving a threat of force that results in injury, disease, or mental anguish
  2. The sexual assault aided by another person that does not involve violence- this category also involves sexual assault while intoxicated, unconscious, or mentally impaired for another reason.
  3. Sexual contact with a child younger than 16 and does not include threats or violence and does not result in injury.

Penalty: Class C felony, involving up to 40 years in prison and/or a $100,000 fine.

3rd Degree Sexual Assault

  1. Any other type of non-consensual sex.
  2. Ejaculating, urinating, or defecating on another person.

Penalty: Class G felony, involving up to 10 years in prison and/or a $25,000 fine.

4th Degree Sexual Assault

  1. Any other non-consensual sexual contact that does not involve intercourse, such as groping.

Penalty: Class A misdemeanor, involving up to 9 months of incarceration and/or a $10,000 fine.

If you find yourself facing a sexual assault charge, do not wait until it is too late to contact an experienced sexual assault attorney. Contact our team at the Maciolek Law Group at 920.289.4262 as soon as possible so we can get started working in your defense.

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