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What are the Different Types of Felony Sex Crimes in Wisconsin?

Michael Cohen • January 24, 2023

A “sex crime” is any form of criminal misconduct that has a sexual motive. Sex crimes are some of the most stigmatized accusations and can be prosecuted severely depending on the circumstances. In Wisconsin, there are a variety of criminal offenses that fall under the sex crime label.

Because of the stigmatized nature of sex offenses, offenders often struggle to find employment opportunities long after serving their sentence. If you face sex crime charges, an experienced sex crime attorney can help you avoid lengthy prison time, high fines, and sex offender registration.


Wisconsin Felony Sex Crimes


There are four types of 1st-degree sexual assault in Wisconsin:

  1. Any non-consensual sexual contact or intercourse that results in pregnancy or great bodily harm
  2. Non-consensual sexual contact or intercourse by use or threat of a deadly weapon
  3. Non-consensual sexual contact or intercourse that is aided or abetted by one or more other persons by the threat of force or violence
  4. Sexual contact with a child under age 16 by the threat of force or violence.


1st-degree sexual assault is a Class B Felony. If convicted, you may face up to 60 years in prison. In addition, if the victim was under the age of 13 and was injured during the assault, you could face life imprisonment.


Sexual assault in the 2nd degree is a broad conviction that could include the following crimes:

  1. Non-consensual sexual contact or intercourse by use of threat of force or violence
  2. Non-consensual sexual contact or intercourse that results in injury, illness, or mental anguish requiring psychiatric care
  3. Sexual contact or intercourse with a person with mental deficiencies that prevent them from accurately appraising the sexual situation AND the defendant is aware of these deficiencies.
  4. Sexual contact or intercourse with a person who is under your direct supervision or care, including sexual contact between a parole agent or prison officer having sex with a parolee/inmate and caregivers such as a doctor or nurse having sex with a patient
  5. Sexual contact with a child under the age of 16 that is not by threat of force or violence and does not result in injury.


2nd-degree sexual assault is a Class C Felony. You may face up to 40 years in prison and/or up to $100,000 in fines if convicted.


3rd-degree sexual assault includes the following:

  1. Non-consensual intercourse
  2. Non-consensual sexual contact, including ejaculation, urination, or defecation on someone OR intentionally causing the complainant to ejaculate, urinate, or defecate on the defendant without consent



3rd-degree sexual assault is a Class G Felony. You may face up to 10 years in prison and up to $25,000 in fines if convicted.


Felony Sex Crimes Involving Children


There are three degrees of sexual assault of a child in Wisconsin. Each is a felony.


1st-degree sexual assault of a child includes the following:

  1. Sexual contact or intercourse with a child under the age of 13 that causes great bodily harm to the child. This is a Class A Felony and carries a 25-year minimum prison sentence.
  2. Sexual contact or intercourse with a child under the age of 12. This is a Class B Felony and carries a 25-year minimum prison sentence.
  3. Sexual intercourse with a child under the age of 16 by use of threat of force or violence. This is a Class B Felony and carries a 25-year minimum prison sentence.


2nd-degree sexual assault of a child includes sexual contact or intercourse with a child under 16. This is a Class C felony. You may face up to 40 years in prison and/or up to $100,000 in fines if convicted.


Failure to Act is a charge that may be pressed if a person responsible for the welfare of a child under 16 knows that another person intends to have or has had sexual contact with the child and does not take action to prevent the sexual contact. This is a Class F Felony. If convicted, you may face up to up to 12 years and six months in prison and up to $25,000 in fines.


Sexual exploitation of a child includes the following:

  1. Employment, use, persuasion, or coercion of a child to engage in sexually explicit conduct for the purpose of recording or displaying the conduct.
  2. They are profiting from, promoting, or distributing a recording of a child engaged in sexually explicit conduct if the defendant is aware that the child is not yet 18.
  3. A person responsible for the welfare of a child permits a child to engage in sexually explicit conduct.


This can be charged as a Class C Felony (up to 40 years in prison and/or up to $100,000 in fines) or a Class F Felony (up to 12 years and six months in prison and/or up to $25,000 in fines) depending on the circumstances.


Put an Experienced Criminal Defense Attorney on Your Side


If you face sex crime charges, you should seek skilled legal counsel from a law firm experienced in these kinds of cases. The experts at Cohen Law Offices can review your case in detail, help you understand your legal options, and help you defend yourself against these life-altering charges. Contact us for a consultation.


If you face a Wisconsin sex crime, contact an experienced sex crime attorney immediately to help you avoid the stigmatizing consequences of a sex crime conviction.

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