Incest with a child is a Class C felony. Contact a top criminal defense attorney at Van Severen Law Office: (414) 270-0202
Incest with a child cases in Wisconsin are incredibly serious. Frequently prosecutors pursuing incest cases request that the defendant be sent to prison upon conviction. Avoiding that conviction, and aggressively defending this charge is one of the primary goals of the criminal defense attorneys at Van Severen Law Office Our entire practice focuses on defending individuals with charges just like yours.
Secondly, incest with a child is a Class C felony. That means the maximum penalty for this offense is 40 years in prison, a $100,000.00 fine, or both. That 40 years in prison breaks down into 25 years initial confinement and 15 years extended supervision. Certainly the significant penalties you face upon conviction indicate exactly how serious prosecutors take these cases.
The best way to win your case is with the assistance of a top criminal defense attorney. Without a skilled ally defending your charges, your chance at success decreases significantly. Finally, don’t hesitate to give us a call. The more quickly we begin defending your case, the more quickly we can work towards a positive result in your case. Call our criminal defense attorneys at (414) 270-0202 today.
What is incest with a child?
Incest with a child is prohibited by section 948.06 of the Wisconsin Statutes.
Firstly, incest with a child is committed when the defendant:
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.
Secondly, when the defendant:
Has sexual contact or sexual intercourse with a child if the defendant is the child’s stepparent.
And finally, when the defendant:
Is a person responsible for the child’s welfare and:
The defendant has knowledge that another person who is related 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; and
The defendant is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated; and
The defendant fails to take that action; and
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.
What are the elements of the offense?
All crimes certainly have elements. An element is a part of the crime that must be proven beyond a reasonable doubt by the government. Wisconsin Jury Instruction Criminal 2130 describes incest with a child: sexual intercourse or contact. That instruction advises us of the requirements:
The defendant had sexual intercourse/contact with the victim; and
The defendant knew the victim was related to her by blood or adoption; and
Victim was related to the defendant in a degree of kinship closer than second cousin; and
Victim was under the age of 18 at the time of the alleged offense.
The defendant need not know the victim’s actual age. And, mistake regarding the victim’s age is not a defense. Finally, consent to the contact or intercourse is not a defense.
The jury instruction refers us to Black’s Law Dictionary (7th Edition) for a definition of second cousin: “A person related to another by descending from the same great-grandfather or great-grandmother.”
What about incest with a child: Sexual intercourse or contact by stepparent?
This crime is closely related to the one previous discussed. Wisconsin Jury Instruction Criminal 2131 likewise provides the elements of the offense:
The defendant had sexual intercourse or contact with the victim; and
The defendant was the stepparent of the victim; and
Victim was under 18 years old at the time of the offense.
Lastly, you’ll notice that elements requiring kinship and blood relation are changed into one: Particularly that the defendant was the stepparent of the victim.
How can Van Severen Law Office, S.C. win my incest with a child case?
This website discusses general information about the criminal charge called incest with a child. In order for us to determine the defenses in your case, we’ll certainly need to sit down and go through all of the facts. If the police acted in an illegal manner we may be able to get evidence suppressed. If a witness is lying we may be able to impeach them. Each case is different and requires us to create a different defense. Our defense attorneys will begin crafting your defense at our consultation. After that, you and any of our criminal defense attorneys can decide where to take the case from there.
Finally, there’s one important step you must pay attention to. Remember that police aren’t simply looking to solve crimes. If they’re speaking with you, it’s safe to say that you are a suspect. And when police advise you that your statements will be used against you, they mean it. In fact, arguably their only reason for obtaining your statement is to use it against you. Do not give a statement to police. They are not your friends. Importantly, they don’t have the power to “take it easy” on you. The only person you should be speaking with right now is your criminal defense attorney.
Incest with a child is a serious felony in Wisconsin. Contact top criminal defense attorneys at Van Severen Law Office
Finally, contact one of our criminal defense attorneys. Let’s start fighting your case.
Firstly, if you’re facing an incest with a child case, contact criminal defense law firm Van Severen Law Office for a free initial consultation. Secondly, incest is serious crime and carries with it a very serious potential prison sentence. Van Severen Law Office certainly defends all crimes seriously. Accordingly, for a consultation please contact our criminal defense office at (414) 270-0202.
