Leyes de edad de consentimiento de Wisconsin: estatutos, penas y cómo reportar

(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. This subsection does not apply if s. 948.093 applies. (3) Failure to act.

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Whoever has sexual intercourse with a child who is not the defendant’s spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor if the defendant has attained the age of 19 years when the violation occurs.

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Whoever has sexual contact with a child who has attained the age of 15 years but has not attained the age of 16 years, or whoever has sexual intercourse with a child who has attained the age of 15 years, is guilty of a Class A misdemeanor if the actor has not attained the age of 19 years when the violation occurs. This section does not apply if the actor is the child’s spouse.

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(1) In this section: (a) “School” means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m). (b) “School staff” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract. (2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant’s spouse is guilty of a Class H felony if all of the following apply: (a) The child is enrolled as a student in a school or a school district. (b) The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student. (3) (a) A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person’s spouse, and with whom the person works or interacts through that occupation or volunteer position.

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In this chapter, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction: (1) “Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years. (1d) “Exhibit,” with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed. (1g) “Joint legal custody” has the meaning given in s. 767.001 (1s). (1r) “Legal custody” has the meaning given in s. 767.001 (2). (1t) “Lewd exhibition of intimate parts” means the display of less than fully and opaquely covered intimate parts of a person who is posed as a sex object or in a way that places an unnatural or unusual focus on the intimate parts.

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(1) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child may be penalized under sub. (2p): (a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct. (b) Records or displays in any way a child engaged in sexually explicit conduct. (1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct may be penalized under sub. (2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years. (2) A person responsible for a child’s welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a) or (b) or (1m) may be penalized under sub. (2p).

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Whoever does any of the following is guilty of a Class C felony: (1) Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin. (1m) Has sexual contact or sexual intercourse with a child if the actor is the child’s stepparent. (2) Is a person responsible for the child’s welfare and: (a) Has knowledge that another person who is related to the child by blood or adoption in a degree of kinship closer than 2nd cousin or who is a child’s stepparent has had or intends to have sexual intercourse or sexual contact with the child; (b) Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated; (c) Fails to take that action; and (d) 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.

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Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class D felony: (1) Having sexual contact or sexual intercourse with the child in violation of s. 948.02, 948.085, or 948.095. (2) Causing the child to engage in prostitution. (3) Exposing genitals, pubic area, or intimate parts to the child or causing the child to expose genitals, pubic area, or intimate parts in violation of s. 948.10. (4) Recording the child engaging in sexually explicit conduct. (5) Causing bodily or mental harm to the child. (6) Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 961.

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(1) In this section, “position of trust or authority over the child” means a relationship between a person and a child in which the person has regular and direct contact with the child and power or control over the child’s welfare, education, or other factors important to the child. (2) No person may engage in a course of conduct, pattern of behavior, or series of acts with the intention to condition, seduce, solicit, lure, or entice a child for the purpose of engaging in sexual intercourse or sexual contact, or for the purpose of producing, distributing, or possessing depictions of the child engaged in sexually explicit conduct. For purposes of this section, a course of conduct, pattern of behavior, or series of acts may include, among other activities, any of the following: (a) Verbal comments, suggestions, or conversations of a sexual nature directed toward a child. (b) Inappropriate or sexualized physical contact or attempts to initiate such contact. (c) Written, electronic, or digital communications, including using text messages, emails, social media, or online platforms, to seduce, solicit, lure, or entice a child.

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(1r) Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the individual in violation of s. 948.02 (1) or (2) is guilty of a Class C felony. (2) This section does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor. (3) Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor’s intent under sub. (1r) shall be necessary to prove that intent.

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Whoever intentionally solicits or causes any child to engage in an act of prostitution or establishes any child in a place of prostitution is guilty of a Class D felony.

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An actor who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation, or sexual contact with a person is guilty of a Class G felony if the person is a child. In a prosecution under this section, it need not be proven that the actor knew the age of the person and it is not a defense that the actor reasonably believed that the person was not a child.

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Whoever does any of the following is guilty of a Class C felony: (1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent. (2) Has sexual contact or sexual intercourse with a child who is placed in any of the following facilities if the actor works or volunteers at the facility or is directly or indirectly responsible for managing it: (a) A shelter care facility licensed under s. 48.66 (1) (a). (b) A group home licensed under s. 48.625 or 48.66 (1). (c) A facility described in s. 940.295 (2) (m).

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(1) In this section: (a) “Physical contact of a sexual nature” means any of the following types of intentional touching, whether direct or through clothing: 1. Intentional touching by the actor or, upon the actor’s instruction, by another person, by the use of any body part or object, if the purpose of the intentional touching is any of the following: a. To sexually degrade or sexually humiliate the pupil. b. To sexually degrade or sexually humiliate the actor. c. To sexually arouse or sexually gratify the pupil. d. To sexually arouse or sexually gratify the actor. 2. Intentional touching by the pupil, by the use of any body part or object, of the actor or, if done upon the actor’s instructions, another person, if the purpose of the intentional touching is any of the following: a. To sexually degrade or sexually humiliate the pupil. b. To sexually degrade or sexually humiliate the actor. c. To sexually arouse or sexually gratify the pupil. d. To sexually arouse or sexually gratify the actor. (b) “School” means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).

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(1) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals, pubic area, or intimate parts or exposes genitals, pubic area, or intimate parts to a child is guilty of the following: (a) Except as provided in par. (b), a Class I felony. (b) A Class A misdemeanor if any of the following applies: 1. The actor is a child when the violation occurs. 2. At the time of the violation, the actor had not attained the age of 19 years and was not more than 4 years older than the child. (2) Subsection (1) does not apply under any of the following circumstances: (a) The child is the defendant’s spouse. (b) A mother’s breast-feeding of her child.

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(1m) Whoever possesses, or accesses in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances may be penalized under sub. (3): (a) The person knows that he or she possesses or has accessed the material. (b) The person knows, or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct. (c) The person knows or reasonably should know that the child depicted in the material who is engaged in sexually explicit conduct has not attained the age of 18 years. (2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, may be penalized under sub. (3): (a) The person knows that he or she has exhibited or played the recording. (b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.

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(1d) Definitions. In this section: (a) “Employed or carrying on a vocation” means employment or vocational activity that is full-time or part-time for a continuous period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit. (am) “Found to have committed a sex offense by another jurisdiction” means any of the following: 1. Convicted or found not guilty or not responsible by reason of mental disease or defect for a violation of a law of another state that is comparable to a sex offense. 2. Convicted or found not guilty by reason of mental disease or defect for a violation of a federal law that is comparable to a sex offense. 3. Convicted or found not guilty or not responsible by reason of mental disease or defect in the tribal court of a federally recognized American Indian tribe or band for a violation that is comparable to a sex offense. 4. Sentenced or found not guilty by reason of mental disease or defect by a court martial for a violation that is comparable to a sex offense.

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(1) Felonies in the statutes are classified as follows: (a) Class A felony. (b) Class B felony. (c) Class C felony. (d) Class D felony. (e) Class E felony. (f) Class F felony. (g) Class G felony. (h) Class H felony. (i) Class I felony. (2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes. (3) Penalties for felonies are as follows: (a) For a Class A felony, life imprisonment. (b) For a Class B felony, imprisonment not to exceed 60 years. (c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both. (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both. (e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both. (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both. (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

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(1) Misdemeanors in chs. 939 to 951 are classified as follows: (a) Class A misdemeanor. (b) Class B misdemeanor. (c) Class C misdemeanor. (2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951. (3) Penalties for misdemeanors are as follows: (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. (b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. (c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

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(1g) If a person is convicted of a violation of s. 948.02 (1) (am) or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2., the court may not make an extended supervision eligibility date determination on a date that will occur before the person has served a 25-year term of confinement in prison. (1r) If a person is convicted of a violation of s. 948.02 (1) (b) or (c) or 948.025 (1) (b), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 25 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. (1s) If a person is convicted of a violation of s. 948.051, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 15 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. (2) If a person is convicted of a violation of s. 948.02 (1) (d) or 948.025 (1) (c), the court shall impose a bifurcated sentence under s. 973.01.

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(1) Except as provided in subs. (2) and (3), if a person is convicted of a violation of s. 948.05, 948.075, 948.12, or 948.125, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12 or 948.125. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. (2) If the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record, the court may impose a sentence that is less than the sentence required under sub. (1) or may place the person on probation under any of the following circumstances: (a) If the person is convicted of a violation of s. 948.05, the person is no more than 48 months older than the child who is the victim of the violation. (b) If the person is convicted of a violation of s. 948.12, the person is no more than 48 months older than the child who engaged in the sexually explicit conduct.

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(1) In this section: (a) “Captures a representation” means takes a photograph, makes a motion picture, videotape, recording, or other visual or audio representation, or records or stores in any medium data that represents a visual image. (ae) “Consent” means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to the act. A person who has not attained the age of 18 is incapable of consent. The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2): 1. A person suffering from a mental illness or defect that impairs capacity to appraise personal conduct. 2. A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act. (ag) “Intimate representation” means any of the following: 1. A representation of a nude or partially nude person. 2. A representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public. 3. A representation of a person urinating, defecating, or using a feminine hygiene product. 4.

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(1) In this section: (a) “Intimate representation” has the meaning given in s. 942.09 (1) (ag). (b) “Sexual conduct” has the meaning given in s. 944.21 (2) (e). (2) Except as provided in subs. (3) to (5), whoever does any of the following is guilty of a Class I felony: (a) Threatens to injure the property or reputation of another person with the intent to coerce that person to engage in sexual conduct or to produce an intimate representation of that person. (b) Threatens to commit violence against another person with the intent to coerce that person to engage in sexual conduct or to produce an intimate representation of that person. (c) Threatens to distribute an intimate representation of another person with the intent to coerce that person to engage in sexual conduct, to produce another intimate representation of that person, to provide the payment of money, property, services, or any other thing of value to the actor, or to do or refrain from doing any act against that person’s will. (3) Whoever violates sub. (2) is guilty of a Class H felony if any of the following applies: (a) The victim, as a result of the violation, engages in sexual conduct.

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(1m) (a) Except as provided in sub. (2m), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948, s. 942.08, 942.09, or 942.095, or ss. 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45. (b) If a court under par. (a) orders a person to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 or 942.095 and the person was under the age of 21 when he or she committed the offense, the court may provide that the person be released from the requirement to comply with the reporting requirements under s. 301.45 upon successfully completing the sentence or probation imposed for the offense.

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