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Contact Meyer Van Severen, S.C. to discuss incest with a child defense at (414) 270-0202.

The criminal defense attorneys at Meyer Van Severen, S.C. defend incest with a child cases.  If you face incest, or any other criminal charges, certainly call us at (414) 270-0202.  Prosecutors aggressively pursue these cases.  Certainly your defense attorney should match the vigor.

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.

Finally, our criminal defense attorneys, Matthew R. Meyer and Benjamin Van Severen, have helped defend criminal cases involving incest.


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:

  1. 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
  2. The defendant is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated; and
  3. The defendant fails to take that action; and
  4. 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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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:

  1. The defendant had sexual intercourse/contact with the victim; and
  2. The defendant knew the victim was related to her by blood or adoption; and
  3. Victim was related to the defendant in a degree of kinship closer than second cousin; and
  4. 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:

  1. The defendant had sexual intercourse or contact with the victim; and
  2. The defendant was the stepparent of the victim; and
  3. 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 Meyer Law Office 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 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 either criminal attorney Meyer or Van Severen can decide where to take the case from there.


Incest with a child is a serious felony offense.
Incest with a child is a serious felony in Wisconsin. Contact top criminal defense attorneys at Meyer Van Severen, S.C.

Meyer Van Severen, S.C. defends incest with a child cases

Firstly, if you’re facing an incest with a child case, contact criminal defense law firm Meyer Van Severen, S.C. for a free initial consultation.  Secondly, incest is serious crime and carries with it a very serious potential prison sentence.  Meyer Van Severen, S.C. certainly defends all crimes seriously.   Accordingly, for a consultation please contact our criminal defense office at (414) 270-0202.