A brand new Wisconsin law focuses on grooming. What is it? What does the law say?
Grooming is a term that gets thrown around constantly in the news. But what does it actually mean under Wisconsin law? As of March 2026, it means a felony that can send someone to prison for up to 25 years.
Governor Tony Evers signed 2025 Wisconsin Act 88 on March 6, 2026. The law creates Wis. Stat. § 948.072, which criminalizes “grooming of a child for sexual activity.” In plain terms, the statute targets adults who build relationships with children for the purpose of eventual sexual contact or exploitation. Think flattery, gifts, private messages, and attempts to separate a child from parents or friends. That conduct is now a standalone felony in Wisconsin. Just ten days after the new law took effect, prosecutors in Rock County filed the first grooming charge in Wisconsin.
This Wisconsin grooming law is brand new and untested. No appellate court has interpreted it. No jury instruction exists for it. The statutory language is broad, and prosecutors are obviously already looking to use it. If you or someone you know faces an accusation under this statute, you need a criminal defense attorney who understands the law and its weaknesses. Call Van Severen Law Office at (414) 270-0202.
This post explains what the statute prohibits, how it differs from child enticement, what penalties apply, and what defense strategies may challenge these charges.
What conduct does the Wisconsin grooming law prohibit?
The statute prohibits engaging in “a course of conduct, pattern of behavior, or series of acts” with specific intent. That intent must be to condition, seduce, solicit, lure, or entice a child for one of two purposes:
- Engaging in sexual intercourse or sexual contact with the child, or
- Producing, distributing, or possessing depictions of the child engaged in sexually explicit conduct
The law provides a non-exhaustive list of conduct that may constitute grooming:
- Verbal comments or conversations of a sexual nature directed at a child
- Inappropriate or sexualized physical contact
- Electronic communications through text messages, social media, or online platforms
- Provision of gifts or favors intended to lower a child’s inhibitions
- Acts intended to isolate a child from family or guardians
- Use of a computer or electronic device to contact a child or a child’s guardian
A “child” under this statute means anyone under age 18.
How does grooming differ from child enticement?
Wisconsin already criminalizes child enticement under Wis. Stat. § 948.07. That offense requires the defendant to cause or attempt to cause a child to go into a vehicle, building, room, or secluded place with the intent to commit one of several enumerated acts, including sexual contact, causing the child to engage in prostitution, or recording the child in sexually explicit conduct. The physical component of child enticement sets a clear boundary. Either the defendant moved the child to a location or attempted to, or the defendant did not.
The grooming statute draws no such line. Under § 948.072, prosecutors can bring felony charges based on a pattern of behavior alone. No physical act is required. No sexual contact needs to have occurred or even been imminent. The statute targets conduct that precedes abuse: messaging, gift giving, boundary testing, and relationship building. Conduct that previously fell below the threshold of any serious criminal statute in Wisconsin now carries felony penalties and mandatory sex offender registration.
That is a significant expansion of criminal liability. Before Act 88, prosecutors needed to point to something concrete. A defendant who sent inappropriate messages but never moved a child to a secluded location and never initiated sexual contact faced limited exposure, often just a disorderly conduct charge. The grooming statute eliminates that gap, but it also creates new uncertainty. Many of the behaviors the statute lists as examples of grooming, such as gift giving, personal attention, and electronic communication, are also ordinary features of legitimate relationships between adults and children. Courts have not yet drawn the line between the two, and defendants facing these charges will have to navigate a statute that is both broad and untested.
Penalties under the new grooming statute
Wisconsin uses a bifurcated sentencing structure for felonies. Every sentence consists of two parts: initial confinement (time in prison) and extended supervision (similar to parole). The penalties for grooming in Wisconsin are as follows:
- Base offense: Grooming a child for sexual activity is a Class G felony. The maximum penalty is 10 years prison. This consists of up to 5 years initial confinement and up to 5 years extended supervision. The court may also impose a fine of up to $25,000.
- Position of trust or authority: This enhancement applies to defendants who hold a specific type of relationship with the child. The relationship must involve regular and direct contact with the child. It must also involve power or control over the child’s welfare, education, or other important factors. Teachers, coaches, counselors, and clergy fall into this category. The offense becomes a Class F felony. The maximum penalty is 12 years and 6 months prison. This consists of up to 7 years and 6 months initial confinement and up to 5 years extended supervision. The maximum fine is $25,000.
- Child with a disability: This enhancement applies when the child has a developmental, cognitive, or physical disability. The defendant must have known about the disability or should have known about it. The offense becomes a Class E felony. The maximum penalty is 15 years prison. This consists of up to 10 years initial confinement and up to 5 years extended supervision. The maximum fine is $50,000.
- Multiple victims: This enhancement applies when the grooming conduct involves two or more children. The offense becomes a Class D felony. The maximum penalty is 25 years prison. The penalty for a Class D felony consists of up to 15 years initial confinement and up to 10 years extended supervision. The maximum fine is $100,000.
The Romeo and Juliet exception
The statute includes a narrow exception for younger defendants. Under the language in § 948.072(4), the felony penalties in subsection (3) do not apply if all three of the following conditions are met: the defendant has not turned 19, the child is not more than 4 years younger than the defendant, and the conduct did not involve force, coercion, or abuse of a position of trust or authority over the child.
Because subsection (3) contains every felony classification for the offense, a defendant who qualifies under subsection (4) faces no criminal penalty under § 948.072. The exception effectively shields close-in-age defendants from prosecution under this statute entirely, provided the conduct was noncoercive and did not involve an abuse of trust.
If any of the three conditions fails, the exception disappears. An 18-year-old who holds a coaching position over a 15-year-old does not qualify. Neither does an 18-year-old whose conduct involves force or coercion, regardless of the age gap. This mirrors the approach Wisconsin takes in other Chapter 948 contexts, such as the sex offender registration exemption under Wis. Stat. § 301.45(1m), where defendants under 19 and within 4 years of the victim’s age may avoid registration requirements.
Sex offender registration is mandatory
A conviction for grooming of a child triggers mandatory sex offender registration. Act 88 adds § 948.072 to the list of offenses in Wis. Stat. § 973.048(2m), which covers mandatory registration for Chapter 948 child sex offenses. This is not discretionary. The court does not weigh whether registration serves public protection. Upon conviction, registration is automatic.
Registered sex offenders in Wisconsin face ongoing reporting obligations, residency restrictions, employment limitations, and public listing on the Wisconsin Department of Corrections sex offender registry. The collateral consequences of registration extend well beyond the prison sentence itself.
Consent is not a defense
The statute explicitly eliminates consent as a defense to a grooming charge. A child’s agreement to the conduct, the communications, or the relationship does not protect the defendant. This mirrors the approach Wisconsin takes with other Chapter 948 offenses, where the legislature has determined that a child cannot meaningfully consent to sexual conduct.
First prosecution under the Wisconsin grooming law
On March 17, 2026, Rock County prosecutors filed the first criminal case under § 948.072. Joseph Cook, 36, of Janesville faces multiple felony charges, including grooming of a child, child enticement, and exposing a child to harmful material.
According to the criminal complaint, Cook allegedly began grooming a child in 2023 and continued through March 2026. Investigators say he used text messages, video calls, and messaging apps that automatically delete conversations to build a relationship with the minor. Prosecutors allege Cook sent explicit content to the child and pressured the child to reciprocate.
The case highlights several features of the new law. Because the child has a cognitive disability, the grooming charge elevates from a Class G felony to a Class E felony (increasing the exposure to 15 years in prison). The complaint also shows prosecutors layering the grooming charge alongside existing Chapter 948 offenses rather than treating it as a replacement. Cook faces child enticement and exposing a child to harmful material charges on top of the grooming count. Expect that pattern to become standard.
The use of disappearing message apps is another detail worth watching. Prosecutors will likely point to the deliberate destruction of communications as evidence of intent to conceal the grooming. Defense attorneys will need to contend with the reality that investigators can often recover metadata, account records, and device forensics that reconstruct the timeline of contact even when the messages themselves are gone.
Companion charges prosecutors may file
Grooming often occurs alongside or as a precursor to other criminal conduct. Prosecutors frequently file multiple charges arising from the same course of conduct. Common companion charges include:
- Child enticement (Wis. Stat. § 948.07): This charge applies if the grooming behavior progresses further. The defendant must have caused or attempted to cause the child to go to a secluded location. Child enticement is a Class D felony carrying up to 25 years imprisonment.
- Use of a computer to facilitate a child sex crime (Wis. Stat. § 948.075): This charge applies when the grooming conduct involves electronic communications. The defendant must believe the recipient is under 16. This is a Class C felony carrying up to 40 years imprisonment.
- Exposing a child to harmful material (Wis. Stat. § 948.11): This charge applies when the defendant knowingly provides material containing nudity, sexually explicit conduct, or sadomasochistic abuse to a child while knowing the character and content of the material. It is a Class F felony when the child is under 13 and a Class H felony when the child is between 13 and 18.
- Sexual assault of a child (Wis. Stat. § 948.02): This charge applies if the grooming progresses to actual sexual contact or intercourse. First degree sexual assault of a child is a Class B felony carrying up to 60 years imprisonment. Second degree sexual assault of a child is a Class C felony carrying up to 40 years imprisonment.
- Sexual misconduct by school staff (Wis. Stat. § 948.098): This charge applies to defendants who work or volunteer at schools. Act 88 actually amended this statute to expand its reach, clarifying that victims include any student enrolled in any Wisconsin school, not just students at the school where the defendant works or volunteers.
The Companion Law: Act 89 and School Policies
The Wisconsin grooming law did not arrive alone. Governor Evers signed 2025 Wisconsin Act 89 the same day. Act 89 requires every public school district, private school, and independent charter school in Wisconsin to adopt a policy on appropriate communication between employees, volunteers, and students by September 1, 2026. The policies must address communication during and outside school hours, establish standards for appropriate content and methods of communication, and include a range of consequences for violations up to and including termination. The Department of Public Instruction must develop free training on identifying, preventing, and reporting grooming. Schools must provide that training to employees annually starting in the 2026-27 school year.
For potential clients, Act 89 matters because it creates a mandatory reporting pipeline. When a school employee or volunteer violates these policies, the behavior gets reported to administrators, then to DPI, then to law enforcement. That is how grooming charges will originate in school settings going forward.
Why the legislature acted
The legislation followed a Capital Times investigation that found DPI investigated over 200 accusations of sexual misconduct or grooming behaviors by teachers, aides, substitutes, and administrators between 2018 and 2023. That reporting prompted legislative hearings and helped build bipartisan momentum for both bills.
The Kenosha County case of Christian Enwright also played a role. Enwright, a teacher accused of grooming a student, pled guilty to a dozen misdemeanors and served eight months in jail. He was released the same day Governor Evers signed the grooming bill into law. Representative Amanda Nedweski, who authored AB 677, has publicly stated that under the new statute, Enwright could have faced up to 12.5 years in prison instead. That gap between the old legal framework and the new one illustrates exactly why the legislature acted.
Defending against a charge under the Wisconsin grooming law
Grooming cases present unique challenges. The statute criminalizes a “course of conduct” or “pattern of behavior” rather than a single discrete act. Prosecutors build these cases through text messages, social media records, witness testimony about the defendant’s behavior, and evidence of gifts or special treatment. The result is often a case built on volume and context rather than one clear event.
The intent element is central to every grooming prosecution. The statute requires proof that the defendant acted with the specific intention to condition, seduce, solicit, lure, or entice the child for sexual purposes. Friendly behavior, mentoring, and generosity toward a child are not criminal on their own. The prosecution must prove the sexual purpose behind the pattern of conduct beyond a reasonable doubt. Where the evidence is ambiguous, that element becomes the focal point.
The breadth of the statute also raises questions. The law uses expansive language to describe what constitutes grooming, and the listed examples of prohibited conduct include things like verbal comments, gift giving, and electronic communications. Courts have not yet drawn the line between conduct that falls within the statute and conduct that does not. That lack of clarity may give rise to constitutional challenges in some cases, particularly around vagueness.
Because the Wisconsin grooming law is brand new, no appellate court has interpreted its provisions. No Wisconsin Criminal Jury Instruction exists for the offense. The criminal defense attorneys at Van Severen Law Office are closely tracking how courts handle these cases as they develop. If you face a grooming charge or any related Chapter 948 offense, contact us at (414) 270-0202 for a free consultation.
Frequently asked questions about the Wisconsin grooming law
What is grooming under Wisconsin law?
Grooming is a course of conduct, pattern of behavior, or series of acts intended to condition, seduce, solicit, lure, or entice a child for the purpose of sexual intercourse, sexual contact, or producing depictions of the child engaged in sexually explicit conduct. The offense is codified at Wis. Stat. § 948.072 and was created by 2025 Wisconsin Act 88, signed into law on March 6, 2026.
What are the penalties for a grooming conviction in Wisconsin?
The base offense is a Class G felony carrying up to 10 years in prison and a $25,000 fine. The penalty increases to a Class F felony (up to 12.5 years) if the defendant holds a position of trust or authority over the child, a Class E felony (up to 15 years) if the child has a disability known to the defendant, and a Class D felony (up to 25 years) if the violation involves two or more children.
Does a grooming conviction require sex offender registration?
Yes. A conviction under § 948.072 triggers mandatory sex offender registration under Wis. Stat. § 973.048(2m). The court has no discretion on this point. Registration is automatic upon conviction.
Can a child’s consent be used as a defense?
No. Section 948.072(5) explicitly states that consent is not an issue or a defense. This is consistent with how Wisconsin treats other Chapter 948 offenses involving children.
Does the grooming statute apply to defendants under 19?
The statute includes a narrow exception. Under § 948.072(4), the felony penalties do not apply if the defendant has not turned 19, the child is not more than 4 years younger than the defendant, and the conduct did not involve force, coercion, or abuse of a position of trust or authority. If all three conditions are met, the defendant faces no criminal penalty under this statute.
What is the statute of limitations for grooming a child?
A prosecution for grooming under § 948.072 must begin before the victim turns 45 years old. This is the same extended limitations period that applies to other serious child sex offenses in Wisconsin, including child enticement and sexual assault of a child.