By Attorney Tedia Gamino
Sexual assault of a child is categorized in degrees, just as many other crimes in Wisconsin are classified.
First-Degree Sexual Assault of a Child
First-degree sexual assault is a Class A felony, and the mandatory minimum sentences 25 years in prison. The law defines it as having sexual contact or sexual intercourse with a person younger than the age of 13 and causing great bodily harm in the process.
Wisconsin law also considers sexual intercourse with a person under the age of 12, or intercourse with a person under the age of 16 that results from the use or threat of force or violence to be first-degree sexual assault. However, these can be considered Class B felonies.
Second-Degree Sexual Assault of a Child
Typically, you can be convicted of second-degree sexual assault of a child if you have sexual contact or intercourse with someone who is under the age of 16.
Sexual exploitation of a child, including recording or displaying sexual conduct, is also considered second-degree sexual assault in the state of Wisconsin.
Other sex crimes involving children that fall under second-degree sexual assault include:
- Trafficking of a child
- Incest with a child
- Child enticement
- Soliciting a child for prostitution
- Sexual assault of a child placed in substitute care
- Sexual assault of a child by school staff person, or a person who works or volunteers with children
- Exposing genitals or pubic area
- Child sex offender working with children
- Committing female genital mutilation
Second-degree sexual assault of a child is usually considered a Class C felony under Wisconsin law.
What to Do if You’re Accused of Child Sexual Assault in Wisconsin
If you are accused of this very serious crime, it’s probably in your best interest to talk to a Milwaukee child sex crime lawyer who understands our state’s laws and who can help protect your rights. You do not have to answer any questions without an attorney present, and in most cases, it’s best if you keep your silence –even if you’re completely innocent.
Your attorney will be able to ensure that investigators don’t illegally question you or cause you to involuntarily implicate yourself in the commission of a crime.