Wisconsin Statutes

Wis. Stat. § 944.01 (2026)

Intent

✓ current as of July 2026
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944.01944.01Intent. The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.
944.01 HistoryHistory: 1983 a. 17.
Notes of Decisions
Cited in 38 cases (2 in the last 5 years), 1958–2022 · leading case: Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004).
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). · cites it 4× “" Wis. Stat. § 944.01 . In some circumstances, marriage between close blood relatives would completely pervert the concept of the nuclear family.”
State v. Hegwood, 335 N.W.2d 399 (Wis. 1983). · cites it 6× “On April 12, 1976, Hegwood pled guilty to one count of rape, party to a crime, in violation of sec. 944.01, Stats., 1973, and one count of armed robbery, party to a crime, in violation of secs.”
State v. Neumann, 508 N.W.2d 54 (Wis. Ct. App. 1993). · cites it 3× “, was created in 1975 upon the repeal of sec. 944.01, Stats. (1973), 10 the rape statute.”
State v. Sugden, 2010 WI App 166 (Wis. Ct. App. 2010). · cites it 2× “The rape and sexual perversion charges were under Wis. Stat. §§ 944.01 and 944.17(1) (1973), respectively, and the *636 sexual assault and abduction charges were under §§ 940.”
State v. Grimm, 2002 WI App 242 (Wis. Ct. App. 2002). · cites it 3× “01 *178 (1961), 7 required sexual intercourse "by force and against [the] will [of the victim]," which was defined to mean "either that her utmost resistance is overcome or prevented by physical violence or that her will to resist is overcome by threats of imminent physical…”
State v. Ewald, 216 N.W.2d 213 (Wis. 1974). · cites it 4× “Whether sec. 944.01, Stats., unconstitutionally discriminates on the basis of sex in violation of the fourteenth amendment’s due process and equal protection clauses ? Statement.”
Watts v. Watts, 405 N.W.2d 305 (Wis. 1987). “” Sec. 944.01, Stats. 1985-86. 11 Common law marriages were abolished in 1917.”
Harrell v. Israel, 478 F. Supp. 752 (E.D. Wis. 1979). · cites it 3× “The Court of Appeals held that the legislature had not intended section 944.01 of the Wisconsin Statutes to be a continuous offense in regard to the circumstances of this case.”
Lhost v. State, 271 N.W.2d 121 (Wis. 1978). · cites it 2× “Attempted rape is defined by sec. 944.01, Stats. [1] 1973 *627 and sec.”
Harrell v. State, 277 N.W.2d 462 (Wis. Ct. App. 1979). “— Judgment and order affirmed. 1 Any male who has sexual intercourse with a female he knows is not his wife, by force and against her will, may be imprisoned not more than 30 years.”
State v. Baldwin, 304 N.W.2d 742 (Wis. 1981). “Sec. 944.01, Stats. 1973, provided : “Rape.”
State v. Wollman, 273 N.W.2d 225 (Wis. 1979). “Wollman, was tried by a jury and convicted of two counts of rape, contrary to sec. 944.01, Stats. The appeal is from an order which denied Wollman’s motions for a new trial and postconviction relief.”
— Wis. Stat. § 944.01(1) — 4 cases
Harrell v. State, 277 N.W.2d 462 (Wis. Ct. App. 1979). “— Judgment and order affirmed. 1 Any male who has sexual intercourse with a female he knows is not his wife, by force and against her will, may be imprisoned not more than 30 years.”
State v. Selmon, 498 N.W.2d 876 (Wis. Ct. App. 1993).
State v. Allison, 299 N.W.2d 284 (Wis. Ct. App. 1980).
Brinkman v. Schubert, 422 F. Supp. 820 (W.D. Wis. 1976).
— Wis. Stat. § 944.01(2) — 1 case
Gates v. State, 283 N.W.2d 474 (Wis. Ct. App. 1979).
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