Wisconsin
Wisconsin Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 30, 2026). · 34 primary sources cited on this page. How we verify our legal content
Wisconsin's sexual assault of a child statute protects a person who has not attained 16 (Wis. Stat. 948.02), with a separate lower-graded offense for a child of 15 and an actor under 19 (948.093), an offense for sexual intercourse with a child who has attained 16 where the defendant has attained 19 (948.09) and felony offenses for school staff and others who work with children (948.095, 948.098); most of the structure is tiered.
To report a concern: if a child is in immediate danger, call 911. The Wisconsin Department of Children and Families states on its official page to contact the county or tribe where the child or child's family lives, or the closest county if the agency is not known. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Wisconsin's criminal statutes on sexual offenses involving minors, mainly chapter 948 of the Wisconsin Statutes (crimes against children), the penalty classes in chapter 939 and the sex offender registration provisions of section 301.45. Federal law is summarized on the age of consent laws by state hub. The text was read on the official Wisconsin Legislature site (docs.legis.wisconsin.gov) on 2026-09-30.
This page describes the main age-based sexual offense statutes. Other Wisconsin statutes also protect minors, and one of them can apply even where none of the offenses described here does.
How Wisconsin law protects minors by age
Wisconsin's main offenses are graded by the child's age (under 12, under 13, under 16), with separate offenses for a child of 15 and an actor under 19, for a child who has attained 16, and for school staff and others who work with children. The table summarizes the main provisions.
| Person protected | Actor and condition | Offense | Grade |
|---|---|---|---|
| Under 12 | Any person (sexual intercourse) | First degree sexual assault of a child (948.02(1)(b)) | Class B felony |
| Under 13 | Any person (sexual contact or intercourse); great bodily harm | First degree sexual assault of a child (948.02(1)(e), (am)) | Class B felony; Class A felony with great bodily harm |
| Under 16 | Use or threat of force or violence (contact: actor at least 18) | First degree sexual assault of a child (948.02(1)(c), (d)) | Class B felony |
| Under 16 | Any person, sexual contact or intercourse; does not apply if 948.093 applies | Second degree sexual assault of a child (948.02(2)) | Class C felony |
| 15 (contact or intercourse); intercourse with a child who has attained 15 | Actor has not attained 19 | Underage sexual activity (948.093) | Class A misdemeanor |
| Has attained 16 | Defendant has attained 19 (sexual intercourse) | Sexual intercourse with a child age 16 or older (948.09) | Class A misdemeanor |
| Has attained 16 | School staff of the child's school; or a person 21 or older whose occupation or volunteer position involves working with the child | Sexual assault by a school staff person or a person who works or volunteers with children (948.095) | Class H felony |
Under 12 and under 13
Section 948.02(1)(b) provides: "Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony." Paragraph (e) provides: "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," and paragraph (am) makes it a Class A felony where the actor "causes great bodily harm to the person." Paragraphs (c) and (d) apply to persons who have not attained 16 where the sexual intercourse or contact is by use or threat of force or violence (in the contact case, a Class B felony "if the actor is at least 18 years of age when the sexual contact occurs").
Under 16
Section 948.02(2) provides: "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." Section 948.02(3) makes it a Class F felony for a person responsible for the welfare of a child who has not attained 16 to fail to act where he or she knows that another person intends to have, is having or has had sexual intercourse or contact with the child, as that subsection describes. Repeated violations of 948.02(1) or (2) involving the same child (three or more within a specified period) are covered by 948.025.
Age 15 and an actor under 19
Section 948.093 provides: "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."
Ages 16 and 17
Section 948.09 provides that "Whoever has sexual intercourse with a child" 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." Where the actor has not attained 19, sexual intercourse with a child who has attained 16 falls under 948.093 (above), also a Class A misdemeanor. Under 948.01(1), a child is a person who has not attained 18. The definition's exception for a person who has attained 17 applies "for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law," so it concerns the person prosecuted, not the child protected by 948.09.
School staff, occupations and volunteer positions
Section 948.095(2) makes it a Class H felony to have sexual contact or sexual intercourse with a child who has attained 16 if the child is enrolled as a student in a school or school district and the defendant is a member of the school staff of the school or school district in which the child is enrolled. School staff means any person who provides services to a school or a school board, including an employee and a person who provides services under a contract. Under 948.095(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" and "with whom the person works or interacts through that occupation or volunteer position." The section lists occupations and positions such as teaching children, child care, youth counseling, youth organizations and coaching children.
Separately, 948.098(2) provides: "Any school staff member or volunteer who commits an act of sexual misconduct against a pupil enrolled in a school in this state is guilty of a Class I felony." It applies to any pupil regardless of age.
How the under-19 provisions work
Section 948.093 is a separate, lower-graded offense, not a defense. Where it applies (an actor who has not attained 19, and sexual contact with a child who has attained 15 but not 16 or sexual intercourse with a child who has attained 15), 948.02(2) states that it does not apply. That exclusion appears only in 948.02(2); the first degree offenses in 948.02(1), including sexual contact or intercourse by use or threat of force or violence with a person under 16, contain no such exclusion. The line is the actor's age (under 19), not a difference in years. For a child under 15, 948.02(2) has no actor-age or age-difference condition.
Other provisions use age or age-difference conditions in different ways. Section 948.072(4), on grooming, states that the graded penalties in subsection (3) do not apply to a person who has not attained 19 if the violation involves a child who is not more than four years younger than the person, unless the violation involves force, coercion, or abuse of a position of trust or authority over the child. Section 301.45(1m) provides a court-determined exception to registration, described below.
Other Wisconsin statutes that protect minors
The following additional statutes apply to minors and can apply even where none of the offenses above does.
- Grooming. Section 948.072 (created by 2025 Wisconsin Act 88) prohibits a course of conduct, pattern of behavior or series of acts intended 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. It is a Class G felony, a Class F felony if the person is in a position of trust or authority over the child, a Class E felony if the child has a developmental, cognitive or physical disability that is known, or should be known, by the person and a Class D felony if two or more children are involved.
- Incest and substitute care. Section 948.06 (incest with a child) is a Class C felony and covers a relative closer than second cousin, a stepparent, and a person responsible for the child's welfare who fails to act, as the section describes. Section 948.085 (sexual assault of a child placed in substitute care) is a Class C felony and covers a foster parent with a child for whom the actor is a foster parent, and workers, volunteers and managers at the facilities the section lists.
- Enticement and computer use. Section 948.07 (child enticement) is a Class D felony where, with intent to commit listed acts, a person causes or attempts to cause a child who has not attained 18 to go into any vehicle, building, room or secluded place. Section 948.075 (use of a computerized communication system to communicate with an individual believed to be under 16 with intent to have sexual contact or intercourse in violation of 948.02(1) or (2)) is a Class C felony.
- Prostitution and trafficking. Section 948.08 (soliciting a child for prostitution) is a Class D felony. Section 948.081 (patronizing a child) is a Class G felony. Section 948.051 (trafficking of a child for commercial sex acts) is a Class B felony, or a Class A felony (life without extended supervision) with at least three child victims; 2025 Wisconsin Act 56 created a mandatory confinement portion of at least 15 years in 939.616(1s).
- Sexual exploitation and child pornography. Section 948.05 (sexual exploitation of a child) is a Class C felony (Class F if the person is under 18). Section 948.12 (possession of child pornography) is a Class D felony (Class I if the person is under 18). Section 948.055 (causing a child to view or listen to sexual activity) is a Class F felony for a child under 13 and a Class H felony for a child 13 to under 18.
- Exposure. Section 948.10 covers exposing genitals, pubic area or intimate parts to a child, or causing a child to expose them, for purposes of sexual arousal or sexual gratification: a Class I felony, and a Class A misdemeanor where the actor is a child or is under 19 and not more than four years older, according to the section's grading.
- Soliciting images and sexual extortion. Section 942.09(4) makes it a Class I felony to solicit an intimate or private representation from a person the actor believes or has reason to believe has not attained 18, and a Class A misdemeanor where the actor is 18 to 20 and the child is not more than 3 years younger; paragraph (a) does not apply to an actor under 18. Section 942.095 (sexual extortion, created by 2025 Wisconsin Act 48) is a Class H felony where the victim is under 18 and the actor is not more than 48 months older, and a Class G felony where the actor is more than 48 months older.
Penalties
The maximum penalties come from 939.50 (felonies) and 939.51 (misdemeanors).
| Class | Maximum stated |
|---|---|
| Class A felony | Life imprisonment |
| Class B felony | Imprisonment not to exceed 60 years |
| Class C felony | Fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both |
| Class D felony | Fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both |
| Class E felony | Fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both |
| Class F felony | Fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both |
| Class G felony | Fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both |
| Class H felony | Fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both |
| Class I felony | Fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both |
| Class A misdemeanor | Fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both |
Section 939.616 sets minimum terms for some of the offenses above. On conviction under 948.02(1)(b) or (c) or 948.025(1)(b), the court shall impose a bifurcated sentence under 973.01 with a term of confinement in prison of at least 25 years. On conviction under 948.02(1)(d) or 948.025(1)(c), the confinement portion is at least five years. On conviction under 948.02(1)(am) or 948.025(1)(a), the court may not make an extended supervision eligibility determination on a date before the person has served a 25-year term of confinement. On conviction under 948.051 (trafficking of a child), the confinement portion is at least 15 years. Section 939.617 separately requires a confinement portion of at least 5 years for 948.05 or 948.075 and at least 3 years for 948.12 or 948.125, subject to the exceptions it states, including for an offender under 18. Section 939.616(3) states that the mandatory minimum sentences in the section do not apply to an offender who was under 18 years of age when the violation occurred.
Sex offender registration
Section 301.45(1d)(b) defines a sex offense to include a violation of 940.22(2), 940.225(1), (2) or (3), 944.06, 944.18, "948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.072, 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, or 948.30." Section 948.072 was added to the list by 2025 Wisconsin Act 88. Under 973.048(1m), a court sentencing a person for any violation under chapter 940, 944 or 948 (and certain other listed offenses) may also require registration if it determines that the underlying conduct was sexually motivated and that registration would be in the interest of public protection.
- Duration. Under 301.45(5), if the person has been placed on probation or supervision for a sex offense, the period is 15 years after discharge from the probation or supervision; the section states the periods that apply where that is not the case. Registration is for life for a person convicted of a violation of 940.225(1) or (2), 948.02(1) or (2), 948.025 or 948.085(2), and on two or more sex-offense convictions.
- Exception for certain underage sexual activity. Section 301.45(1m) provides that a person is not required to comply if the court so determines on a motion where, at the time of a violation of 948.02(1) or (2), 948.025 or 948.085(2), the person "had not attained the age of 19 years and was not more than 4 years older or not more than 4 years younger than the child," together with the further conditions the section lists (including that the offense did not involve sexual intercourse by force or with a victim under 12, that the person bears the burden by clear and convincing evidence and that public protection does not require registration).
- Failure to comply. Under 301.45(6), knowingly failing to comply is a Class H felony, except that the maximum is a fine of $10,000 or 9 months of imprisonment, or both, where a court ordered registration based on a misdemeanor and the person has no prior conviction for failing to comply.
Recent changes
- 2025 Wisconsin Act 88 (2025 Assembly Bill 677): enacted March 6, 2026 and published March 7, 2026. It created 948.072 (grooming of a child for sexual activity), added it to the registration list in 301.45(1d)(b) and to 948.13(1)(a), and amended 948.098(2). The ages in 948.02, 948.09, 948.093 and 948.095 are not changed. The act states no effective date, so under s. 991.11 it took effect March 8, 2026, the day after publication. The text of 948.072(5) carries a note that corrective legislation is pending.
- 2025 Wisconsin Act 56: amended 940.302 and 948.051 (trafficking of a child) and created 939.616(1s), 939.6175 and 939.74(2)(av), including the 15-year confinement portion for 948.051. The act was published December 10, 2025, took effect December 11, 2025 under s. 991.11, and first applies to offenses committed on its effective date.
- 2025 Wisconsin Act 187: published April 4, 2026 and effective April 5, 2026 under s. 991.11. It created the Class A felony (life imprisonment without the possibility of extended supervision) in 948.051 where at least three victims are children, and first applies to offenses committed on its effective date.
- Core sections: the history lines show 2017 Wisconsin Act 174 as the latest act for 948.02, 948.09 and 948.093, and 2009 Wisconsin Act 302 for 948.095.
How to report
If a child is in immediate danger, call 911. The Wisconsin Department of Children and Families report abuse page states: "To report a case of child abuse or neglect, contact the county or tribe where the child or child's family lives. If the agency is not known, contact the closest county." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.
Disclaimer
This page is general legal information about Wisconsin criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Wisconsin.
Related articles
Frequently Asked Questions
How does the under-19 provision in section 948.093 work?
Section 948.093 makes it a Class A misdemeanor for an actor who has not attained 19 to have sexual contact with a child who has attained 15 but not 16, or sexual intercourse with a child who has attained 15. Section 948.02(2) states that it does not apply if 948.093 applies. It is a separate offense with a lower grade and is not a defense to a charge.
Who counts as a 'child' in chapter 948?
Section 948.01(1) defines child as a person who has not attained the age of 18, except that for purposes of prosecuting a person alleged to have violated a state or federal criminal law, child does not include a person who has attained the age of 17. That exception concerns the person being prosecuted, not the child the offenses protect.
Where can the Wisconsin statute text be found?
The Wisconsin Statutes are published by the Wisconsin Legislature at docs.legis.wisconsin.gov. Chapter 948 contains the crimes against children, chapters 939 and 973 the penalty classes and sentencing provisions, and section 301.45 the sex offender registration provisions.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 948: Crimes Against Children
§ 948.02Sexual assault of a child.In forcecited in 3 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 269 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Davidson (Wisconsin Supreme Court 2000, 236 Wis. 2d 537)“…th second-degree sexual assault of a child in violation of Wis. Stat. § 948.02 (2). At the time of the defendant's cri…”
- State v. Marinez (Court of Appeals of Wisconsin 2011, 331 Wis. 2d 568)“…t *579 with a child under the age of thirteen contrary to Wis. Stat. § 948.02 (1). 8 Given M.M.L.'s age — she was fi…”
- State v. Anthony R. Pico (Wisconsin Supreme Court 2018, 382 Wis. 2d 273)“…prisonment he faced upon conviction. See Wis. Stat. §§ 948.02(1)(e) and 939.50(3)(b).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Age of Consent Laws by State: Statutes, Protections and Reporting, Wisconsin Statute of Limitations: Filing Deadlines by Case Type
§ 948.09Sexual intercourse with a child age 16 or older.In forcecited in 2 of our articles
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State v. Trochinski (Wisconsin Supreme Court 2002, 253 Wis. 2d 38)“…ther a factual basis exists for the crime charged. [20] Wis. Stat. § 948.09 .…”
- Woznicki v. Erickson (Wisconsin Supreme Court 1996, 202 Wis. 2d 178)“…l sex with a minor over the age of sixteen in violation of Wis. Stat. § 948.09 (1993-94). [1] A criminal investigati…”
- State v. Gary Lee Wayerski (Wisconsin Supreme Court 2019, 385 Wis. 2d 344)“…sexual intercourse with a child 16 or older in violation of Wis. Stat. § 948.09.9 The prosecutor assigned to Wayers…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.093Underage sexual activity.In forcecited in 2 of our articles
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Banister v. Boughton (District Court, E.D. Wisconsin 2024)“…a later change in Wisconsin law. Banister twice refers to Wis. Stat. § 948.093, a statute enacted in March of 2018, m…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.095Sexual assault of a child by a school staff person or a person who works or volunteers with children.In forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Kaster (Court of Appeals of Wisconsin 2003, 264 Wis. 2d 751)“…of a student by a school instructional staff person under Wis. Stat. § 948.095 . 2 One of these charges w…”
- John Doe 1 v. Archdiocese of Milwaukee (Wisconsin Supreme Court 2007, 303 Wis. 2d 34)“…o "[s]exual assault of a child placed in substitute care"; Wis. Stat. § 948.095 refers to "[s]exual assault of a child…”
- State v. Gary Lee Wayerski (Wisconsin Supreme Court 2019, 385 Wis. 2d 344)“…rson who works or volunteers with children in violation of Wis. Stat. § 948.095(3). ¶3 Wayerski filed…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.01Definitions.In force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 58 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Davidson (Wisconsin Supreme Court 2000, 236 Wis. 2d 537)“…ainant or sexually arousing or gratifying the defendant. Wis. Stat. § 948.01 (5). [15] ¶ 59. Thus the defendant's…”
- State v. Joel M. Hurley (Wisconsin Supreme Court 2015, 361 Wis. 2d 529)“…instruction. The emission of semen is not required. Wis. Stat. § 948.01(6). Sexual contact, as applicable…”
- State v. Hunt (Wisconsin Supreme Court 2003, 263 Wis. 2d 1)“…238 Wis. 2d 74 , 616 N.W.2d 144 . As an example, under Wis. Stat. § 948.01 (5)(a), sexual contact is defined as:…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.05Sexual exploitation of a child.In forcecited in 3 of our articles
(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).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State v. Derango (Wisconsin Supreme Court 2000, 236 Wis. 2d 721)“…nduct for purposes of videotaping the conduct) contrary to Wis. Stat. § 948.05 (l)(a) (1995-96). 1 After…”
- State v. Zarnke (Wisconsin Supreme Court 1999, 224 Wis. 2d 116)“…D W. STEINMETZ, J. The issue before the court is whether Wis. Stat. § 948.05 prohibiting the sexual exploitation of…”
- State v. Weidner (Wisconsin Supreme Court 2000, 235 Wis. 2d 306)“…he issue of whether the child sexual exploitation statute, Wis. Stat. § 948.05 , was constitutional as applied to dist…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Pornography Laws (2026): AV Bill Vetoed
§ 948.06Incest with a child.In force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Monroe County Department of Human Services v. Kelli B. (Wisconsin Supreme Court 2004, 271 Wis. 2d 51)“…nd added the charge of incest with a child in violation of Wis. Stat. § 948.06 (1). ¶ 5. Pursuant to an agreement, R…”
- Femala Fleming v. Amateur Athletic Union of the United States, Inc. (Wisconsin Supreme Court 2023, 407 Wis. 2d 273)“…the same child (Wis. Stat. § 948.025), incest with a child (Wis. Stat. § 948.06), sexual assault of a child placed in s…”
- State v. James P. Killian (Wisconsin Supreme Court 2023, 2023 WI 52)“…Ashley's case one count of incest with a child contrary to Wis. Stat. § 948.06. The proposed Amended Info…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.07Child enticement.In force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 41 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Derango (Wisconsin Supreme Court 2000, 236 Wis. 2d 721)“…intent to have sexual contact or intercourse) contrary to Wis. Stat. § 948.07 (1). ¶ 10. Derango pled not guil…”
- State v. Robins (Wisconsin Supreme Court 2002, 253 Wis. 2d 298)“…3. We conclude that an attempted child enticement under Wis. Stat. § 948.07 (1999-2000) 1 may be char…”
- State v. Payette (Court of Appeals of Wisconsin 2008, 313 Wis. 2d 39)“…place with intent to give a child cocaine in violation of Wis. Stat. § 948.07 (6). He also appeals from the trial cou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.072Grooming of a child for sexual activity.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 948.075Use of a computer to facilitate a child sex crime.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Rory A. McKellips (Wisconsin Supreme Court 2016, 369 Wis. 2d 437)“…ing a computer to facilitate a child sex crime contrary to Wis. Stat. § 948.075 (lr) (2013-14). 2 The main issue in th…”
- State v. Schulpius (Court of Appeals of Wisconsin 2006, 298 Wis. 2d 155)“…computer to facilitate a child sex-crime. See Wis. Stat. § 948.075 . He contends that the State did not sa…”
- State v. McKellips (Court of Appeals of Wisconsin 2015, 361 Wis. 2d 773)“…of a computer to facilitate a child sex crime contrary to Wis. Stat. § 948.075 . 1 McKellips argues the State failed…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.08Soliciting a child for prostitution.In force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- State v. Payette (Court of Appeals of Wisconsin 2008, 313 Wis. 2d 39)“…o causing a child to practice prostitution in violation of Wis. Stat. § 948.08 (1997-98), 2 and to causi…”
- State v. Gary Lee Wayerski (Wisconsin Supreme Court 2019, 385 Wis. 2d 344)“…(1) one count of soliciting a child in violation of Wis. Stat. § 948.08; and (2) two counts of sexual intercour…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.081Patronizing a child.In force
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 948.085Sexual assault of a child placed in substitute care.In force
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).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- John Doe 1 v. Archdiocese of Milwaukee (Wisconsin Supreme Court 2007, 303 Wis. 2d 34)“…Wis. Stat. § 948.06 refers to "[i]ncest with a child"; Wis. Stat. § 948.085 refers to "[s]exual assault of a child…”
- State v. Michael L. Cox (Wisconsin Supreme Court 2018)“…nd (4) sexual assault of a child placed in substitute care (Wis. Stat. § 948.085 (2011- 12)).…”
- Femala Fleming v. Amateur Athletic Union of the United States, Inc. (Wisconsin Supreme Court 2023, 407 Wis. 2d 273)“…8.06), sexual assault of a child placed in substitute care (Wis. Stat. § 948.085), and sexual assault of a child by a sc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.098Sexual misconduct by a school staff person or volunteer.In force
(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).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 948.10Exposing genitals, pubic area, or intimate parts.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Stuckey (Court of Appeals of Wisconsin 2013, 349 Wis. 2d 654)“…is. Stat. § 948.11 , it is also proper to charge him under Wis. Stat. § 948.10 . We disagree as § 948.10 lacks the sci…”
- State v. Jordan Alexander Lickes (Wisconsin Supreme Court 2021, 960 N.W.2d 855)“…and (4) exposing genitals or pubic area, in violation of Wis. Stat. § 948.10(1) (hereinafter "Count 4").5 ¶5…”
- State v. Wield (Court of Appeals of Wisconsin 2003, 266 Wis. 2d 872)“…that Wield had exposed his genitals to a child contrary to Wis. Stat. § 948.10 . However, this charge was not alleged…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 948.12Possession of child pornography.In forcecited in 3 of our articles
(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.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):State v. Multaler (2002) held that 28 counts under Wis. Stat. 948.12 were not multiplicitous because the legislature made each image, not the disk storing it, the unit of prosecution. State v. Schaefer (2003) held the statute’s “knows or reasonably should know” age element supplies the required scienter.
Opinions citing this section in our collection:
- State v. Multaler (Wisconsin Supreme Court 2002, 252 Wis. 2d 54)✓Police searching a homicide suspect's home found two computer disks holding images of children in sexually explicit conduct; the court held the unit of prosecution under this statute is each image, not each disk, so his twenty-eight possession counts were not multiplicitous.
- State v. Hoppe (Wisconsin Supreme Court 2009, 317 Wis. 2d 161)“…t of 12 counts of possessing child pornography contrary to Wis. Stat. § 948.12 (lm) and an order denying the defendant…”
- State v. Schaefer (Court of Appeals of Wisconsin 2003, 266 Wis. 2d 719)✓A man pleaded no contest to eighteen counts after child pornography was found on a Zip disk from his home; the court held this statute's knows or reasonably should know standard supplies enough scienter to be constitutional and that the per image counts were not multiplicitous.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wisconsin Statutes, Chapter 301: Corrections
§ 301.45Sex offender registration.In forcecited in 3 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 52 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Bollig (Wisconsin Supreme Court 2000, 232 Wis. 2d 561)“…be required to register as a convicted sex offender under Wis. Stat. § 301.45 . This statute requires sex offenders t…”
- State v. Smith (Wisconsin Supreme Court 2010, 323 Wis. 2d 377)“…Richard J. Dietz, Judge. The circuit court concluded that Wis. Stat. § 301.45 (2005-06), [2] Wisconsin's sex offend…”
- State v. George E. Savage (Wisconsin Supreme Court 2020, 395 Wis. 2d 1)“…No. 2019AP90-CR requirements of Wis. Stat. § 301.45 and registers an individual on the sex…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Voyeurism and Hidden Camera Laws: Privacy Crimes and Penalties (2026), Wisconsin Sexting Laws: Legal Consequences and Penalties
Wisconsin Statutes, Chapter 939: Crimes
§ 939.50Classification of felonies.In forcecited in 10 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 95 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Lechner (Wisconsin Supreme Court 1998, 217 Wis. 2d 392)“…ce to the penalty structure the legislature established in Wis. Stat. §§ 939.50 through 939.52. "While the word 'serio…”
- State v. Gerald D. Taylor (Wisconsin Supreme Court 2013, 347 Wis. 2d 30)“…mum term of imprisonment for a Class H felony is six years. Wis. Stat. § 939.50(3)(h)——(i).…”
- State v. Head (Wisconsin Supreme Court 2002, 255 Wis. 2d 194)“…s two-element offense was punishable by life imprisonment. Wis. Stat. § 939.50 (3)(a) (1985-86). ¶ 56. Section 940.0…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Audio Recording Laws: One-Party Consent Rules and Penalties (2026), How Many Years for Second Degree Murder? Sentences by State (2026), Wisconsin Smart Glasses Recording Laws
§ 939.51Classification of misdemeanors.In forcecited in 4 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Williams (Wisconsin Supreme Court 2000, 236 Wis. 2d 293)“…10,000 or imprisonment not to exceed 9 months or both. See Wis. Stat. § 939.51 (3)(a). A technical amendment to § 939.…”
- State v. Hamdan (Wisconsin Supreme Court 2003, 264 Wis. 2d 433)“…d $10,000 or imprisonment not to exceed 9 months, or both. Wis. Stat. § 939.51 (3)(a). All subsequent references to…”
- State v. Bonds (Wisconsin Supreme Court 2006, 292 Wis. 2d 344)“…misdemeanor that has maximum imprisonment of nine months. Wis. Stat. § 939.51 (3)(a). Therefore, even with the repeat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Surveillance Camera Laws (2026 Guide), Wisconsin Child Support Laws (2026): Guidelines & Calculator
§ 939.616Mandatory minimum sentence for child sex offenses and child trafficking.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- State v. Lamont L. Travis (Wisconsin Supreme Court 2013)“…rime apply, subject to any applicable penalty enhancement." Wis. Stat. § 939.616(2).…”
- State v. Thompson (Wisconsin Supreme Court 2012, 342 Wis. 2d 674)“…he mandatory minimum sentence of 25 years, as set forth in Wis. Stat. § 939.616 (1) (2005-06), 1 applies to Thompson.…”
- State v. Lalicata (Court of Appeals of Wisconsin 2012, 345 Wis. 2d 342)“…ng, the trial court and both attorneys believed that under Wis. Stat. § 939.616 (lr), conviction of this offense trigge…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 939.617Minimum sentence for certain child sex offenses.In forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- State v. Silverstein (Court of Appeals of Wisconsin 2017, 378 Wis. 2d 42)“…a constitutional challenge to his sentence. He argues that Wis. Stat. § 939.617 (2015-16) 1 violated due process requ…”
- State v. Thompson (Wisconsin Supreme Court 2012, 342 Wis. 2d 674)“…In 2003-04 there was no Wis. Stat. § 939.616 and no Wis. Stat. § 939.617 . ¶ 30. The 2005 legislature passed 2…”
- State v. Holcomb (Court of Appeals of Wisconsin 2016, 371 Wis. 2d 647)“…1. HAGEDORN, J. This case requires us to interpret Wis. Stat. § 939.617 (2013-14), 1 which prescribes minimum…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wisconsin Statutes, Chapter 942: Crimes Against Reputation, Privacy And Civil Liberties
§ 942.09Representations depicting nudity.In forcecited in 14 of our articles
(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.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Nelson (2006) gave "reasonable expectation of privacy" in Wis. Stat. 942.09 its ordinary meaning, not the Fourth Amendment test. State v. Jahnke (2008) called that incomplete: the test is whether one reasonably expected not to be recorded nude. State v. Culver (2018) upheld the post-or-publish ban against overbreadth.
Opinions citing this section in our collection:
- State v. Nelson (Court of Appeals of Wisconsin 2006, 294 Wis. 2d 578)✓Nelson secretly videotaped neighbors through their bathroom window from next door. Affirming his 942.09(2)(a) conviction, the court held "reasonable expectation of privacy" has its ordinary meaning under an objective reasonable-person test, not Fourth Amendment case law.
- State v. Culver (Court of Appeals of Wisconsin 2018, 384 Wis. 2d 222)✓Culver posted nude photos of a woman online without her consent and pleaded guilty under 942.09(3m)(a)2. The court rejected his overbreadth and vagueness attacks on the post-or-publish statute, found he lacked standing to raise a Commerce Clause claim, and affirmed.
- State v. Chagnon (Court of Appeals of Wisconsin 2015, 364 Wis. 2d 719)✓Chagnon, a registered sex offender, cut 189 photos of clothed girls out of magazines and pasted them into a notebook. The court held that 942.09(1)(a)'s definition of "captures a representation" does not reach that conduct, and reversed the refusal to dismiss 23 counts.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Landlord-Tenant Recording Laws: Cameras, Surveillance, and Privacy (2026), Wisconsin Video Recording Laws: Surveillance, Filming, and Privacy Rules (2026), Wisconsin AI Laws and Regulation (2026)
§ 942.095Sexual extortion.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Wisconsin Statutes, Chapter 973: Sentencing
§ 973.048Sex offender reporting requirements.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Smith (Wisconsin Supreme Court 2010, 323 Wis. 2d 377)“…f public protection to have the person report." [18] See Wis. Stat. § 973.048 (1m). Notably, no such language is pres…”
- State v. Martel (Wisconsin Supreme Court 2003, 262 Wis. 2d 483)“…1 respectively. ¶ 2. We conclude that Wis. Stat. § 973.048 limits the circuit court's discretion…”
- State v. Jackson (Court of Appeals of Wisconsin 2012, 343 Wis. 2d 602)“…with the sex-offender reporting requirements, pursuant to Wis. Stat. § 973.048 (lm) (2003-04). 1 Section 973.048(lm)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Wis. Stat. 948.10 (Exposing intimate parts to a child)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.12 (Possession of child pornography)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.01 (Definitions)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.02 (Sexual assault of a child)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.025 (Repeated acts of sexual assault of the same child)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.05 (Sexual exploitation of a child)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.051 (Trafficking of a child)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.055 (Causing a child to view or listen to sexual activity)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.06 (Incest with a child)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.07 (Child enticement)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.072 (Grooming of a child for sexual activity)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.075 (Use of a computer to facilitate a child sex crime)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.08 (Soliciting a child for prostitution)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.081 (Patronizing a child)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.085 (Sexual assault of a child placed in substitute care)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.09 (Sexual intercourse with a child age 16 or older)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.093 (Underage sexual activity)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.095 (Sexual assault of a child by a school staff person or a person who works or volunteers with children)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 948.098 (Sexual misconduct by school staff or volunteers)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 939.50 (Classification of felonies)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 939.51 (Classification of misdemeanors)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 939.616 (Minimum sentences for certain child sex offenses)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 301.45 (Sex offender information and registration)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 301.45(5) (Registration period)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 301.45(6) (Failure to comply)(docs.legis.wisconsin.gov).gov
- 2025 Wisconsin Act 88(docs.legis.wisconsin.gov).gov
- 2025 Wisconsin Act 56(docs.legis.wisconsin.gov).gov
- Wisconsin DCF: Report child abuse or neglect(dcf.wisconsin.gov).gov
- Section 942.09(4)(docs.legis.wisconsin.gov).gov
- Section 942.095(docs.legis.wisconsin.gov).gov
- 939.617(docs.legis.wisconsin.gov).gov
- 973.048(1m)(docs.legis.wisconsin.gov).gov
- 301.45(5)(docs.legis.wisconsin.gov).gov
- 301.45(6)(docs.legis.wisconsin.gov).gov