What is 1st degree sexual assault in wisconsin

Deborah C. Escalante

Understanding Sexual Assault Charges Under Wisconsin Law

Milwaukee sexual assault defense lawyerCriminal accusations, investigations, and arrests will have massive, far-reaching implications for anyone who is charged with a crime. However, some types of sensitive crimes can be even more serious since they will affect a person’s freedom, reputation, relationships with friends and family, their career, and his or her standing in the community. 

Sexual assault is one of the most severe crimes with which a person can be charged, and a conviction is likely to result in lengthy jail time and significant fines, as well as the requirement to register as a sex offender for at least 15 years, and possibly for life. If you are facing accusations of sexual assault, it is important to understand the specific charges and their potential punishments.

Degrees of Sexual Assault in Wisconsin

Wisconsin law identifies four degrees of sexual assault:

  • First degree sexual assault is defined as sexual contact or intercourse with a person without his or her consent that results in pregnancy or great bodily harm, when threatening a person with a dangerous weapon, or when aided or abetted by one or more other people and intercourse occurs through force or threat of violence. This is a Class B felony, which can be punished by up to 60 years in prison.
  • Second degree sexual assault is sexual contact or intercourse with a person without his or her consent when using force or the threat of violence; when the assault results in injury, disease, or mental anguish requiring psychiatric care; when the victim suffers from mental illness or deficiency; when the victim is unconscious or intoxicated and unable to give consent; when a parole officer or correctional institution employee has sexual contact or intercourse with a parolee or prisoner; or when aided or abetted by one or more other people. This is a Class C felony, which can be punished by up to 40 years in prison and a fine of up to $100,000.
  • Third degree sexual assault is any other type of sexual intercourse with a person without his or her consent. This is a Class G felony, which can be punished by up to 10 years in prison and a fine of up to $25,000.
  • Fourth degree sexual assault is any other type of sexual contact with a person without his or her consent (such as groping). This is a Class A misdemeanor, which can be punished by up to nine months in prison and a fine of up to $10,000.
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Contact a Milwaukee Sexual Assault Defense Attorney

Sexual assault charges can result in serious consequences, and accusations of these crimes can be incredibly damaging to a person’s life and reputation. The Milwaukee, WI sex crime defense lawyers of Gimbel, Reilly, Guerin & Brown LLP are highly skilled and experienced in these types of cases, and we can provide you with the guidance and representation you need to achieve a positive outcome to your case. Call our office at 414-271-1440 to schedule a personalized consultation. 

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/940/II/225

Section 36.11(22)(2)(c) Wisconsin Statues requires any person employed at a UW institution who witnesses a sexual assault on campus or who receives a report from a student enrolled in the institution that the student has been sexually assaulted must report the incident.

Sexual Assault:

Section 940.225 of the Wisconsin Statues created four degrees of sexual assault. The degrees are based upon the amount of force used by the perpetrator and the harm done to the victim. Section 948.02 regards age of the victim. First, second and third degree sexual assaults are felonies; fourth degree sexual assault is a misdemeanor.

First Degree Sexual Assault: A person can be imprisoned not more than 40 years for committing first degree sexual assault. This includes:

  • Sexual intercourse or sexual contact without consent which inflicts great bodily harm or pregnancy, or
  • Sexual intercourse or sexual contact without consent accomplished by using or threatening to use a dangerous weapon, or
  • Sexual intercourse or sexual contact without consent while aided by one of more persons by use of threat of force or violence, or
  • Sexual intercourse or sexual contact, with or without consent, with a person under the age of 13.

Second Degree Sexual Assault: A person can be imprisoned not more than 20 years and/or fined not more than $10,000 for committing second degree sexual assault. This includes:

  • Sexual intercourse or sexual contact without consent through the use or threat of violence, or
  • Sexual intercourse or sexual contact without consent which causes injury, including illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care, or Sexual intercourse or sexual contact with a person known by the perpetrator or be unconscious or mentally ill or under the influence of an intoxicant to a degree which renders that person incapable of appraising the person’s conduct, or
  • Sexual intercourse or sexual contact without consent while aided by one or more persons, or
  • Sexual intercourse or sexual contact, with or without consent, with a person who has not attained the age of 16 years

Third Degree Sexual Assault: A person can be imprisoned not more than five years or fined not more than $10,000 for committing third degree sexual assault. This includes:

  • Sexual intercourse with a person without consent of that person, or
  • Sexual contact with intentional penile ejaculation with a person without consent of that person.

Fourth Degree Sexual Assault: A person can be imprisoned not more than nine months in the county jail and/or fined not more than $10,000 for committing fourth degree sexual assault. This includes:

  • Having sexual contact with a person without that person’s consent. Sexual contact means any of the following: Intentional touching, by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complainant’s or defendant’s intimate parts,  if that intentional touching is either for the purpose of sexually degrading or humiliating the complainant, or sexually arousing or gratifying the defendant.

Consent: The law defines the word consent as words or overt actions by a person who is competent to give consent indicating a freely given agreement to have sexual intercourse or sexual contact.

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Penalties for sexual assault depend on the class of the felony in Wisconsin. 1st-degree sexual assault causing injury: life imprisonment; 1st degree: up to 60 years imprisonment; 2nd degree: 40 years in prison and fines up to $100,000.

What are the Degrees & Penalties of Sexual Assault in Wisconsin?

Types of 1st Degree Sexual Assault in Wisconsin

Broadly, there are four types of 1st degree sexual assault.

  1. First, there is non-consensual sexual contact that results in pregnancy or great bodily harm.
  2. Second, there is sexual contact involving the use or threat of a deadly weapon, such as a gun or switchblade in Wisconsin. Even a fake gun counts, as long as the victim believes it’s a deadly weapon.
  3. Third, there is violent non-consensual sexual contact aided by another person, such as in the case of gang rape.
  4. Fourth, there is sexual contact with a child under the age of 16 by threat of force or violence.

Penalties for sexual assault in Wisconsin

The penalty: In general, 1st degree sexual assault is a Class B felony, carrying up to 60 years in prison.

However, if the victim was under 13 and the assault resulted in injury, you could be facing life behind bars.

Types of 2nd Degree Sexual Assault in Wisconsin

2nd degree sexual assault is an even broader category. It includes:

  1. Sexual contact by threat of force or violence or that results in injury, disease, or mental anguish requiring psychiatric care.
  2. Also included is sexual assault aided by another person, but without violence. This category also covers sex with an intoxicated, unconscious, or mentally impaired person, a caregiver having sex with a patient, and a prison guard or parole officer having sex with an inmate/parolee.
  3. If sexual contact with a child under 16 does not include threats or violence and does not result in injury, it becomes a 2nd degree sexual assault.

The penalty: These crimes are Class C felonies, carrying the penalty of up to 40 years in prison and/or a $100,000 fine.

Types of 3rd Degree Sexual Assault in Wisconsin

  1. 3rd-degree sexual assault includes:
  2. Any other non-consensual sex
  3. Ejaculating, urinating, or defecating on someone.

The penalty: This is a Class G felony, and you could face up to 10 years in prison and/or a $25,000 fine.

4th Degree Sexual Assault in Wisconsin

Finally, 4th-degree sexual assault covers any other non-consensual sexual contact, short of intercourse. Groping falls under this category.

The penalty: As a Class A misdemeanor, these crimes carry penalties of up to 9 months incarceration and/or a $10,000 fine.

Clearly, even the most “minor” class of sexual assault could ruin you financially and destroy your career, family, and reputation.

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Here’s how you win a sexual assault case in the state of Wisconsin: contact Grieve Law.

If you’re facing any type of sexual assault accusations, contact our experienced criminal defense attorneys at Grieve Law in Waukesha County.

We will provide you with a free consultation, review the facts of your case, and advise you on the best way to proceed.

Remember, you are only guilty if you are convicted.

Contact Grieve Law to schedule a free case consultation.

Are You Facing a

FELONY

 Charge for Sexual Assault in Wisconsin?

Depending on the severity of the crime, you could be facing a felony charge that results in a lifetime behind bars and up to $100,000 in fines. The best way to lessen your penalties below the maximum sentence and fines is to hire a criminal defense lawyer who is knowledgeable on these types of crimes. 

Types of charges you could be facing: 

  • Sexual Assult of a minor under the age of 13

    Sexual assault of a minor under the age of 13 will result in a Class A felony charge in Wisconsin. This type of charge will result in a life prison sentence.

  • 1st Degree Sexual Assault

    If you’re being charged with a Class B felony for 1st degree Sexual Assault you could be facing up to 60 years in state prison.

  • 2nd-degree sexual assault

    If you’ve committed 2nd-degree sexual assault, you’ll be facing charges associated with committing a Class C felony . This type of felony will earn you up to $100,000 in fines and 40 years in prison.

  • Child Enticement

    Being caught attempting to lure a child to an isolated place to engage in sexual activity (child enticement) would result in Class D Felony charges. A class D felony calls for up to 25 years of prison time and fines up to $100,000.

  • Failure to act in a case of the sexual assault of a child

    Getting charged with failure to act in a case of the sexual assault of a child would be categorized as a Class F Felony . In Wisconsin, this type of charge would result in 12 years in state prison, $25,000 in fines, or both.

  • 3rd-degree sexual assault

    A 3rd-degree sexual assault charge in Wisconsin is a Class G Felony . This type of felony is punishable by up to 10 years in prison and a maximum fine of $25,000.

In Wisconsin, how long does a sexual assault charge stay on your record?

A sex crime conviction will remain on your record for life in Wisconsin. 

How to Reduce Sexual Assault Penalties

If you have been accused of sexual assault in Wisconsin and you’re wondering what to do next, finding an experienced sexual assault lawyer is your first step. 

Whether you are facing 1st-degree or 4th-degree sexual assault charges, Grieve Law has the strategic defenses to reduce sexual assault penalties. No law office in Wisconsin can match Grieve Law’s record of reducing clients’ charges. 

Tom Grieve’s success as a criminal defense attorney has earned him the respect of many in legal circles and the public. Named among the best attorneys in Wisconsin, Tom Grieve has been named a Top Criminal Defense Attorney in the Country by Newsweek. He has also been inducted to the “Wisconsin Rising Stars” by Super Lawyers.

 

How is sexual assault defined in Wisconsin?

The definition of sexual assault can vary depending what degree of sexual assault, there are four. First, second, third, and fourth.

What is the minimum sentence for sexual assault in Wisconsin?

Not all sexual assault charges have a minimum sentence. Each crime has maximum possible penalties and only a few have minimum penalties, such as prison if convicted.

What is sexual assault 1st Degree?

There are multiple definitions. Generally speaking, it is defined as sexual intercourse with a person without their consent resulting in great bodily harm or threat/use of force with a dangerous weapon.

How long is jail time for sexual assault in Wisconsin?

If you are convicted of a serious sexual assault offense, you are likely facing prison time. However, there are multiple levels of sexual assault, and may not always result in jail or prison time.

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