Sex offense charges in Wisconsin vary based on the details of the alleged act. The law separates these charges into different degrees, each carrying its own penalties. Understanding these degrees helps you see how the courts handle these cases and what the potential consequences could be.
First-degree sexual assault
First-degree sexual assault is the most serious sex crime. It involves sexual contact or intercourse that causes pregnancy, injury, or uses force or a weapon. This charge also applies if the person accused had sexual contact with a child under 13. A conviction can lead to a long prison sentence, often up to 60 years, and mandatory registration as a sex offender.
Second-degree sexual assault
Second-degree sexual assault involves sexual contact or intercourse without consent and includes situations where the accused used or threatened force but caused no serious injury. It also includes sexual contact with a person who cannot consent because of mental incapacity or intoxication. Penalties can include up to 40 years in prison and significant fines.
Third-degree sexual assault
Third-degree sexual assault covers cases where sexual contact or intercourse occurs without consent but without aggravating factors like injury or weapons. While it’s a lesser charge, it’s still a felony in Wisconsin. Convictions can result in up to 10 years in prison, fines, and mandatory sex offender registration.
Fourth-degree sexual assault
Fourth-degree sexual assault is the least severe of the sex offenses. It involves sexual contact without consent but without intercourse or aggravating circumstances. It’s a misdemeanor rather than a felony, yet it can still lead to jail time, probation, and a permanent criminal record.
Why understanding the degrees matters
Each degree of sexual assault carries distinct penalties and long-term consequences. The details—such as use of force, consent, and the age of the person involved—determine how serious the charge is. Knowing these differences can help you understand how Wisconsin law defines and punishes sexual offenses.
