Wisconsin Statutes
Wis. Stat. § 939.616 (2026)
Mandatory minimum sentence for child sex offenses and child trafficking
✓ current as of July 2026
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939.616(1g)(1g) If a person is convicted of a violation of s. 948.02 (1) (am) or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2., the court may not make an extended supervision eligibility date determination on a date that will occur before the person has served a 25-year term of confinement in prison.
939.616(1r)(1r) If a person is convicted of a violation of s. 948.02 (1) (b) or (c) or 948.025 (1) (b), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 25 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
939.616(1s)(1s) If a person is convicted of a violation of s. 948.051, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 15 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
939.616(2)(2) If a person is convicted of a violation of s. 948.02 (1) (d) or 948.025 (1) (c), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
939.616(3)(3) This section does not apply if s. 939.62 (2m) (c) applies. The mandatory minimum sentences in this section do not apply to an offender who was under 18 years of age when the violation occurred.
939.616 AnnotationLabeling this section a “mandatory minimum sentence” statute and stating that “the court shall impose a bifurcated sentence” and that the “term of confinement in prison portion of the bifurcated sentence shall be at least 25 years,” the legislature has clearly prohibited probation. State v. Lalicata, 2012 WI App 138, 345 Wis. 2d 342, 824 N.W.2d 921, 12-0225.
Notes of Decisions
Cited in 16
cases (6 in the last 5 years), 2011–2025 · leading case: State v. Thompson, 2012 WI 90 (Wis. 2012).
State v. Thompson, 2012 WI 90 (Wis. 2012). “02 (l)(b) arguably was subject to Wis. Stat. § 939.616 (1), which provided a mandatory minimum sentence as follows: Mandatory minimum sentence for child sex offenses.”
State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). “" Wis. Stat. § 939.616 (2). 4 No. 2011AP685-CR pleadings and carried out through the plea, the sentencing and ultimately really pervaded the entire file in this case.”
State v. Lalicata, 2012 WI App 138 (Wis. Ct. App. 2012). “At the sentencing hearing, the trial court and both attorneys believed that under Wis. Stat. § 939.616 (lr), conviction of this offense triggered a mandatory minimum sentence of twenty-five years of imprisonment.”
State v. Clayton W. Williams, 2014 WI 64 (Wis. 2014). “Wis. Stat. § 939.616 . However, comparisons to unrelated statutes are unhelpful.”
People v. Benton, 817 N.W.2d 599 (Mich. Ct. App. 2011). “507; W Va Code 61-8B-3(c); Wis Stat 939.616(lr) and 948.02(l)(b).”
State v. Barbeau, 2016 WI App 51 (Wis. Ct. App. 2016). “65 , or child sex offenses, see Wis. Stat. § 939.616 , pointing out that a person convicted of the latter who was under eighteen years of age at the time of the violation is not subject to the mandatory minimum.”
State v. Holcomb, 2016 WI App 70 (Wis. Ct. App. 2016). “In support of his position, Holcomb notes that unlike the self-described "mandatory minimum" sentences in surrounding statutes ( Wis. Stat. §§ 939.616 , 939.618, and 939.”
State v. Travis, 2012 WI App 46 (Wis. Ct. App. 2012). “32 (lg)(b)); Wis. Stat. § 939.616 (2). The State never alleged — in writing or orally — that Travis used or threatened violence or force in his attempt to have sexual contact with his niece.”
State v. Lamont L. Travis (Wis. 2013). “" Wis. Stat. § 939.616 (2). 4 No. 2011AP685-CR pleadings and carried out through the plea, the sentencing and ultimately really pervaded the entire file in this case.”
State v. Keith C. Kenyon (Wis. Ct. App. 2025). “§ 939.616(1r). ¶2 Kenyon was charged in an information for violating WIS.”
State v. Russell L. Wilson (Wis. Ct. App. 2020). “§ 939.616. 3 No. 2019AP49-CR because the defendant was convicted of a previous violation of s.”
State v. Brian D. Frazier (Wis. Ct. App. 2021). “¶33 Thus, for example, entirely missing from Frazier’s Machner hearing testimony was any accounting for how, at the time he was deciding whether to accept the plea offer, he viewed the fact that the offer would allow him to avoid the risk of a conviction that carries a mandatory…”
— Wis. Stat. § 939.616(1) — 1 case
State v. Thompson, 2012 WI 90 (Wis. 2012). “02 (l)(b) arguably was subject to Wis. Stat. § 939.616 (1), which provided a mandatory minimum sentence as follows: Mandatory minimum sentence for child sex offenses.”
— Wis. Stat. § 939.616(1r) — 4 cases
State v. Keith C. Kenyon (Wis. Ct. App. 2025). “§ 939.616(1r). ¶2 Kenyon was charged in an information for violating WIS.”
State v. Brian D. Frazier (Wis. Ct. App. 2021). “¶33 Thus, for example, entirely missing from Frazier’s Machner hearing testimony was any accounting for how, at the time he was deciding whether to accept the plea offer, he viewed the fact that the offer would allow him to avoid the risk of a conviction that carries a mandatory…”
State v. Caley M. Jones (Wis. Ct. App. 2022).
State v. Jayshonn Mikell Duffie (Wis. Ct. App. 2024).
— Wis. Stat. § 939.616(2) — 1 case
State v. Kodi L. Bear (Wis. Ct. App. 2023).
— Wis. Stat. § 939.616(lr) — 2 cases
People v. Benton, 817 N.W.2d 599 (Mich. Ct. App. 2011). “507; W Va Code 61-8B-3(c); Wis Stat 939.616(lr) and 948.02(l)(b).”
State v. Lalicata, 2012 WI App 138 (Wis. Ct. App. 2012). “At the sentencing hearing, the trial court and both attorneys believed that under Wis. Stat. § 939.616 (lr), conviction of this offense triggered a mandatory minimum sentence of twenty-five years of imprisonment.”
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