Sexual assault of a child by a person who works or volunteers with children is a felony. Talk to our criminal defense attorneys about it. (414) 270-0202
Sexual assault of a child by a person who works or volunteers with children is a serious criminal charge described in section 948.095(3) of the Wisconsin Statutes. The offense is a Class H felony, meaning the maximum penalty upon conviction is 6 years prison and $10,000.00 in fines. That six years in prison breaks down into 3 years initial confinement and 3 years extended supervision. A conviction also triggers mandatory sex offender registration, which carries its own set of long-term consequences.
This charge targets adults age 21 and older whose occupations or volunteer positions require them to work directly with children. It covers coaches, youth counselors, child care workers, school bus drivers and others in similar roles. The statute applies when the child involved is 16 or 17 years old and interacts with the defendant through that occupation or volunteer position. It prohibits sexual contact and sexual intercourse between adults that hold these positions and the children they interact with.
Charges like sexual assault of a child by a person who works or volunteers with children frequently end up in the news, which adds pressure beyond the courtroom. You face serious incarceration, financial penalties, and mandatory sex offender registration requirements. An accusation alone can upend your career, your relationships, and your standing in the community. We’re familiar with these challenges and regularly guide clients through difficult situations just like these.
At Van Severen Law Office we understand what you are facing. We understand the legal, social, and economic pressures that come with a charge like this. Our criminal defense attorneys focus 100% of their time on criminal defense, and we regularly handle sexual assault cases. We’re in the position to help. Contact us at (414) 270-0202 to set up a free consultation and begin building your defense. We’re available 24/7.
What does section 948.095(3) of the Wisconsin Statutes prohibit?
Section 948.095(3) prohibits sexual assault of a child by a person who works or volunteers with children. The statute says the following:
(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. (b) Whoever violates par. (a) is guilty of a Class H felony. (c) [If sexual assault of a child by a school staff person applies, this section does not.]
A few important points stand out from the statutory language. The defendant must be at least 21 years old. The victim must be between 16 and 17 years old, meaning the child has attained the age of 16 but has not yet turned 18. Both sexual contact and sexual intercourse are prohibited. The charge does not apply if the defendant and the victim are married to each other. And if the conduct falls under section 948.095(2), which covers sexual assault of a child by a school staff person, that provision applies instead.
All crimes in Wisconsin have elements. An element is a component of the crime that the government must prove beyond a reasonable doubt at trial. Wisconsin Criminal Jury Instruction 2139A provides the elements of sexual assault of a child by a person who works or volunteers with children. This instruction focuses on sexual contact, but the instruction for sexual intercourse operates in a similar manner.
First, the defendant attained the age of 21 years; and
Second, the defendant engaged in an occupation or participated in a volunteer position that required him or her to work or interact directly with children; and
Third, the defendant had sexual contact with the victim, who was not the defendant’s spouse; and
Fourth, the defendant acted with intent to become sexually aroused or gratified, or to sexual degrade or humiliate the victim; and
Fifth, the victim had attained the age of 16 years and had not attained the age of 18 years; and
Sixth, the victim was a person with whom the defendant worked or interacted through his or her occupation or volunteer position.
Knowledge of the victim’s age is not required, and mistake regarding the victim’s age is not a defense. Consent is also not a defense to this charge. The jury instruction makes both of these points explicit.
What do sexual contact and sexual intercourse mean?
The terms “sexual contact” and “sexual intercourse” have specific statutory definitions under Wisconsin law.
Sexual contact is defined in section 948.01(5) of the Wisconsin Statutes. It includes any of the following:
(a) Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant:
1. Intentional touching by the defendant or, upon the defendant’s instruction, by another person, by the use of any body part or object, of the complainant’s intimate parts.
2.Intentional touching by the complainant, by the use of any body part or object, of the defendant’s intimate parts or, if done upon the defendant’s instructions, the intimate parts of another person.
3.Touching by the complainant of the ejaculate, urine, or feces of any person upon the intentional instructions of the defendant, upon the use or threat of force or violence by the defendant, or upon an intentional act of the defendant.
Sexual intercourse is defined in section 948.01(6) and means:
… vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal opening either by the defendant or upon the defendant’s instruction. The emission of semen is not required.
Prosecutors can bring charges under 948.095(3) based on either type of conduct.
Sexual assault of a child by a person who works or volunteers with children is a serious felony. A school coach is one example of an individual that can be charged using this statute. Contact one of our top criminal defense lawyers at (414) 270-0202 for help.
Who qualifies as a person who works or volunteers with children?
This charge applies broadly. The statute covers any person who holds an occupation or volunteer position requiring direct work or interaction with children. Section 948.095(3)(d) lists specific occupations and volunteer positions that constitute prima facie evidence that the position requires direct work with children:
Teaching children
Child care
Youth counseling
Youth organization
Coaching children
Parks or playground recreation
School bus driving
This list is not exhaustive. It establishes categories where proof of the defendant’s role is sufficient, on its own, to show that the position involved direct work with children. Prosecutors can also establish that other occupations or volunteer positions meet the statutory requirement through additional evidence. The key question is whether the role requires the defendant to work or interact directly with children, not whether it appears on this specific list.
How does this charge differ from sexual assault of a child by a school staff person?
Section 948.095 contains two distinct offenses. Subsection (2) covers sexual assault of a child by a school staff person. Subsection (3) covers sexual assault of a child by a person who works or volunteers with children. Both are Class H felonies, but they apply to different relationships.
The school staff version under subsection (2) does not include an age requirement for the defendant. Any member of the school staff can be charged, regardless of age. The victim must be a student enrolled in the school or school district where the defendant works, and the victim must be at least 16 years old. “School staff” includes any person who provides services to a school or school board, including employees and individuals working under contract.
The worker/volunteer version under subsection (3) requires the defendant to be at least 21 years old. It applies to a broader range of occupations and volunteer positions beyond school settings, including coaches, youth counselors, child care workers, and others. If the facts satisfy both subsections, subsection (2) takes priority and subsection (3) does not apply. The court of appeals addressed the broad scope of “school staff” in State v. Kaster, 2003 WI App 105, holding that the statutory definition is illustrative and does not limit the meaning of “a person who provides services.”
Related charges prosecutors may also file
Prosecutors frequently charge additional offenses alongside sexual assault of a child by a person who works or volunteers with children when the facts support it. Below we’ve listed a few offenses that are similar to the offense, could accompany it, or could replace it entirely.
Second degree sexual assault of a child under section 948.02(2) applies when the victim is under 16 years old. Since sexual assault by a school staff person or a person who works or volunteers with children requires the victim to be 16, this charge could apply in situations involving a younger victim. Second degree sexual assault of a child is a Class C felony, which carries the potential of 40 years prison and $100,000.00 in fines.
Sexual misconduct by a school staff person or volunteer under section 948.098 is a Class I felony and covers a broader range of conduct including verbal conduct of a sexual nature and physical contact of a sexual nature that does not rise to the level of sexual contact or sexual intercourse. A Class I felony carries the potential of 3.5 years prison and $10,000.00 in fines.
Grooming of a child under section 948.072 targets adults who build relationships with children for the purpose of eventual sexual contact or exploitation. If prosecutors allege that the defendant engaged in a pattern of grooming behavior before the sexual contact or intercourse, a grooming charge may be added. Grooming has various offense levels ranging between a Class G felony (10 years prison, $25,000.oo in fines) and a Class D felony (25 years prison, $100,000.00 in fines).
Use of a computer to facilitate a child sex crime under section 948.075 applies when the defendant used the internet, text messaging, or other electronic communication in connection with the offense. This is a Class C felony.
Sex offender registration is mandatory upon conviction
A conviction for sexual assault of a child by a person who works or volunteers with children triggers mandatory sex offender registration. Section 948.095 is specifically listed as a “sex offense” under section 301.45(1d)(b) of the Wisconsin Statutes. It is also listed in section 973.048(2m), which requires the sentencing court to order sex offender registration for enumerated Chapter 948 offenses.
Registration is not discretionary for this charge. The court does not weigh whether registration serves the public interest. Upon conviction, the court shall require the defendant to comply with the reporting requirements under section 301.45.
Registered sex offenders in Wisconsin must provide extensive personal information to the Department of Corrections, including their address, employment, school enrollment, and online accounts. They must update this information within 10 days of any change and verify it annually. A person who knowingly fails to comply with registration requirements faces a separate Class H felony charge.
How do criminal defense attorneys challenge charges under section 948.095(3)?
Criminal cases are all different, and defending them requires different strategies. Sexual assault cases are no exception. What we’re about to discuss may not be remotely relevant to your case and it’s certainly not legal advice, but we’ve encountered them on sex cases we’ve worked on in the past.
Credibility is always an issue, whether it’s a cop witness, a child victim, or any other kind of victim. People lie, children lie a lot, and defending our clients requires us to attack evidence based on lies. Our attorneys examine the circumstances surrounding the allegation, including the timing, the context in which the disclosure was made, and whether the story has changed over time. Filing a Shiffra Green motion may allow us to access the complaining witness’s mental health or counseling records when those records are relevant to credibility.
Section 948.095 brings up an issue specific to this charge: did the defendant’s position require him or her “to work with or interact directly with children”? An individual with incidental contact with children, but one that doesn’t work directly with children, arguably should not be punished under this statute. A contractor for a youth sports league that simply drops off equipment for a sporting event, but does not work with children directly, may not qualify. This could be an important fight for a defense attorney.
Pre-trial motions can also play a significant role. If law enforcement obtained statements, electronic communications, or other evidence in violation of the defendant’s constitutional rights, our attorneys will challenge the admission of that evidence. This is particularly relevant when the investigation involved searches of phones, computers, or social media accounts.
Contact Van Severen Law Office for sexual assault defense
The criminal defense attorneys at Van Severen Law Office focus 100% of their time defending criminal charges. We regularly defend sexual assault cases, including charges under section 948.095 and related statutes. We understand how difficult your situation is, and we understand the importance of an experienced advocate.
Contact Van Severen Law Office at (414) 270-0202 to schedule a free consultation. We’re available 24/7, and we’d like to speak with you about your case and how we may be able to help.
Frequently asked questions
Can I be charged for sexual assault of a child by a school staff person or volunteer if I am under 21 years old?
No. The statute requires the defendant to have attained the age of 21 years at the time of the offense. If you are under 21, you cannot be charged under this specific provision. Prosecutors may, however, pursue other charges depending on the circumstances, including second degree sexual assault of a child under section 948.02(2) or sexual intercourse with a child age 16 or older under section 948.09.
Does the victim’s consent affect this charge?
Consent is not a defense to sexual assault of a child by a person who works or volunteers with children. Wisconsin Criminal Jury Instruction 2139A makes this explicit. The legislature determined that the power dynamic between an adult in a position of authority and a child in that person’s care makes consent legally irrelevant, regardless of the child’s willingness.
What is the difference between this charge and sexual misconduct by a school staff person or volunteer under section 948.098?
Section 948.095(3) requires proof of sexual contact or sexual intercourse and applies to defendants who are at least 21 years old. But section 948.098 is broader in two respects: it covers verbal conduct of a sexual nature and physical contact of a sexual nature that may fall short of sexual contact or sexual intercourse, and it has no minimum age requirement for the defendant. Section 948.098 is a Class I felony, while section 948.095(3) is a Class H felony. If the same conduct satisfies both statutes, prosecutors will typically charge under whichever provision carries the more serious penalty or best fits the facts.
Will a conviction require sex offender registration?
Yes. A conviction for sexual assault of a child by a person who works or volunteers with children triggers mandatory sex offender registration. Section 948.095 is specifically listed as a “sex offense” under section 301.45(1d)(b) of the Wisconsin Statutes. It is also listed in section 973.048(2m), which requires the sentencing court to order sex offender registration for enumerated Chapter 948 offenses.
Can prosecutors charge me with additional offenses based on the same incident?
Yes. Prosecutors regularly charge multiple offenses arising from the same incident. If the conduct involved electronic communication, a charge for use of a computer to facilitate a child sex crime may follow. Or, if prosecutors allege a pattern of grooming behavior, a charge under the grooming statute may be added. Each charge is a separate offense with its own elements and potential penalties.
