Tag: sexual assault

What is sexual assault of a child by a school staff person? Section 948.095(2) of the Wisconsin Statutes prohibits this offense.  The law indicates: “(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…

What is exposing a child to harmful material? Section 948.11(2)(a) of the Wisconsin Statutes prohibits this offense.  The law says: (a) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class I…

What are the elements of first degree sexual assault of a child: sexual contact or intercourse with a child who has not attained the age of 13: causing great bodily harm? All crimes in Wisconsin have elements.  Elements are parts of the offense, and the government must prove each element beyond a reasonable doubt.  If…

What is trafficking of a child? Section 948.051 of the Wisconsin Statutes defines trafficking of a child.  The law provides: (1)  Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts… (2) Whoever…

What is incest? Section 944.06 of the Wisconsin Statutes prohibits incest: sexual intercourse between blood relatives.  The law indicates: Whoever marries or has nonmarital sexual intercourse, as defined in s. 948.01 (6), with a person he or she knows is a blood relative and such relative is in fact related in a degree within which…

What are the elements of this offense? Like all criminal charges in Wisconsin, the government must prove certain elements of the offense before conviction.  Elements are “parts” of the crime.  And unless the government satisfies its burden of proof for all the elements, the defendant cannot be found guilty.  Wisconsin Criminal Jury Instruction 1218A provides…

What is second degree sexual assault? Sexual assault charges are often based on the circumstances surrounding the alleged sexual acts.  That’s also how their degrees and penalties are defined.  Second degree sexual assault has ten different versions.  Section 94.0225(2) of the Wisconsin Statutes provides those: The defendant had sexual contact or sexual intercourse with another…

What is first degree sexual assault? Secondly, like all criminal charges, sexual assault charges have elements, or parts, that the government must prove beyond a reasonable doubt. Wisconsin Criminal Jury Instruction 1201 provides one set of the jury instructions.  This offense focuses on sexual assault causing great bodily harm: Firstly, the defendant had sexual contact…

What is lewd and lascivious behavior? The crime is prohibited in section 944.20 of the Wisconsin Statutes.  The law indicates: (1) Whoever does any of the following is guilty of a Class A misdemeanor: (a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or…