Wis. Stat. » CHAPTER 948 — CRIMES AGAINST CHILDREN
Wisconsin Statutes

Wis. Stat. § 948.01 (2026)

Definitions

✓ current as of July 2026
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948.01948.01 Definitions. In this chapter, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction:
948.01(1)(1) “Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.
948.01(1d)(1d) “Exhibit,” with respect to a recording of an image that is not viewable in its recorded form, means to convert the recording of the image into a form in which the image may be viewed.
948.01(1g)(1g) “Joint legal custody” has the meaning given in s. 767.001 (1s).
948.01(1r)(1r) “Legal custody” has the meaning given in s. 767.001 (2).
948.01(1t)(1t) “Lewd exhibition of intimate parts” means the display of less than fully and opaquely covered intimate parts of a person who is posed as a sex object or in a way that places an unnatural or unusual focus on the intimate parts.
948.01(2)(2) “Mental harm” means substantial harm to a child’s psychological or intellectual functioning which may be evidenced by a substantial degree of certain characteristics of the child including, but not limited to, anxiety, depression, withdrawal or outward aggressive behavior. “Mental harm” may be demonstrated by a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child’s age and stage of development.
948.01(3)(3) “Person responsible for the child’s welfare” includes the child’s parent; stepparent; guardian; foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child’s welfare in a residential setting; or a person employed by one legally responsible for the child’s welfare to exercise temporary control or care for the child.
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948.01(3m)(3m) “Physical placement” has the meaning given in s. 767.001 (5).
948.01(3r)(3r) “Recording” includes the creation of a reproduction of an image or a sound or the storage of data representing an image or a sound.
948.01(4)(4) “Sadomasochistic abuse” means the infliction of force, pain or violence upon a person for the purpose of sexual arousal or gratification.
948.01(5)(5) “Sexual contact” means any of the following:
948.01(5)(a)(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:
948.01(5)(a)1.1. 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.
948.01(5)(a)2.2. 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.
948.01(5)(a)3.3. 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.
948.01(5)(b)(b) Intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant or, upon the defendant’s instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.
948.01(5)(c)(c) For the purpose of sexually degrading or humiliating the complainant or sexually arousing or gratifying the defendant, intentionally causing the complainant to ejaculate or emit urine or feces on any part of the defendant’s body, whether clothed or unclothed.
948.01(6)(6) “Sexual intercourse” 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.
948.01(7)(7) “Sexually explicit conduct” means actual or simulated:
948.01(7)(a)(a) Sexual intercourse, meaning 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 a person or upon the person’s instruction. The emission of semen is not required;
948.01(7)(b)(b) Bestiality;
948.01(7)(c)(c) Masturbation;
948.01(7)(d)(d) Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or
948.01(7)(e)(e) Lewd exhibition of intimate parts.
948.01 HistoryHistory: 1987 a. 332; 1989 a. 31; 1993 a. 446; 1995 a. 27, 67, 69, 100, 214; 2001 a. 16; 2005 a. 273, 435; 2007 a. 96; 2009 a. 28; 2019 a. 16; 2023 a. 61.
948.01 AnnotationWhen a defendant allows sexual contact initiated by a child, the defendant is guilty of intentional touching, as defined in sub. (5). State v. Traylor, 170 Wis. 2d 393, 489 N.W.2d 626 (Ct. App. 1992).
948.01 AnnotationThe definition of “parent” in sub. (3) is all-inclusive; a defendant whose paternity was admitted but had never been adjudged was a “parent.” State v. Evans, 171 Wis. 2d 471, 492 N.W.2d 141 (1992).
948.01 AnnotationA live-in boyfriend can be a person responsible for the welfare of a child if he was used by the child’s legal guardian as a caretaker for the child. State v. Sostre, 198 Wis. 2d 409, 542 N.W.2d 774 (1996), 94-0778.
948.01 AnnotationThe phrase “by the defendant or upon the defendant’s instruction” in sub. (6) modifies the entire list of acts and establishes that for intercourse to occur the defendant either had to perform one of the actions on the victim or instruct the victim to perform one of the actions on himself or herself. State v. Olson, 2000 WI App 158, 238 Wis. 2d 74, 616 N.W.2d 144, 99-2851.
948.01 AnnotationA person under 18 years of age employed by the person’s parent to care for a child for whom the parent is legally responsible can be a person responsible for the welfare of the child under sub. (3). State v. Hughes, 2005 WI App 155, 285 Wis. 2d 388, 702 N.W.2d 87, 04-2122.
Notes of Decisions
Cited in 136 cases (47 in the last 5 years), 1975–2026 · leading case: State v. Lackershire, 2007 WI 74 (Wis. 2007).
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State v. Lackershire, 2007 WI 74 (Wis. 2007). · cites it 20× “Wis. Stat. § 948.01 (6). ¶ 30 In her second argument, Lackershire advances that the circuit court did not satisfy the factual basis requirement of Wis.”
State v. Carter, 2010 WI 40 (Wis. 2010). · cites it 8× “" See Wis. Stat. § 948.01 (6). Carter's offer of proof consists of testimony that Cassandra had previous sexual contact with her cousin, specifically that Cassandra "pulled on [her cousin's] penis to get him to ejaculate.”
State v. Patterson, 2010 WI 130 (Wis. 2010). · cites it 14× “40 (1) is informed by the plain language and legislative history of the definition of "child" in Wis. Stat. § 948.01 (1), which excludes those over seventeen only for the "purposes of prosecuting" such person.”
State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018). · cites it 7× “" Wis. Stat. § 948.01 (5)(a). 6 No. 2015AP2328-CR ¶12 Sanders brought a postconviction motion alleging, inter alia, that his trial counsel was ineffective for failing to bring a pre-trial motion to dismiss count one.”
State v. Joel M. Hurley, 2015 WI 35 (Wis. 2015). · cites it 8× “Wis. Stat. § 948.01 (6). Sexual contact, as applicable here, remained constant throughout the charging period, and was defined as: (a) Any of the following types of intentional touching, whether direct or through clothing, if that intentional touching is either for the purpose…”
State v. Hunt, 2003 WI 81 (Wis. 2003). · cites it 8× “As an example, under Wis. Stat. § 948.01 (5)(a), sexual contact is defined as: Intentional touching by the complainant or defendant, either directly or through clothing by the use of any body part or object, of the complaintant's or defendant's intimate parts if that intentional…”
State v. Davidson, 2000 WI 91 (Wis. 2000). · cites it 10× “Wis. Stat. § 948.01 (5). [15] ¶ 59. Thus the defendant's purpose or motive for allegedly touching Tina H.”
State v. Donald P. Coughlin, 2022 WI 43 (Wis. 2022). · cites it 15× “Those instructions mirror the factual theory the State presented at trial, as well as the two theories of guilt listed in the definition of "sexual contact" in Wis. Stat. § 948.01 (5)(a): 2 No. 2019AP1876-CR.”
State v. Dodson, 580 N.W.2d 181 (Wis. 1998). · cites it 12× “" Wis. Stat. § 948.01 (5) (defining sexual contact).”
State v. Sostre, 542 N.W.2d 774 (Wis. 1996). · cites it 16× “" Wis. Stat. § 948.01 (3). One of the common meanings of the word "employed" is to "engage the service of' or "to make use of.”
State v. Patrick J. Lynch, 2016 WI 66 (Wis. 2016). · cites it 4× “" Wis. Stat. § 948.01 (6). 12 Wisconsin Stat.”
State v. Hammer, 2000 WI 92 (Wis. 2000). · cites it 8× “Wis. Stat. § 948.01 (5)(a). Jason B.'s testimony was properly admitted to prove motive because purpose is an element of sexual contact, and motive is relevant to purpose.”
Show all 136 citing cases →
— Wis. Stat. § 948.01(1) — 9 cases
In the Interest of E.N.C., J.A.C., S.A.L., N.A.G. & C.G.L., 384 S.W.3d 796 (Tex. 2012).
State v. Patterson, 2010 WI 130 (Wis. 2010). “40 (1) is informed by the plain language and legislative history of the definition of "child" in Wis. Stat. § 948.01 (1), which excludes those over seventeen only for the "purposes of prosecuting" such person.”
State v. Koenck, 2001 WI App 93 (Wis. Ct. App. 2001).
State v. Patterson, 2009 WI App 161 (Wis. Ct. App. 2009).
State v. Lenz, 602 N.W.2d 172 (Wis. Ct. App. 1999).
— Wis. Stat. § 948.01(1t) — 2 cases
State v. Catherine E. Edwards (Wis. Ct. App. 2025).
State v. Michael D. Demars (Wis. Ct. App. 2020).
— Wis. Stat. § 948.01(2) — 1 case
State v. Kristine L. Buttke (Wis. Ct. App. 2021).
— Wis. Stat. § 948.01(3) — 6 cases
State v. Evans, 492 N.W.2d 141 (Wis. 1992).
State v. Ward, 596 N.W.2d 887 (Wis. Ct. App. 1999).
State v. Michael Moore (Wis. Ct. App. 2023).
State v. Tashard Javon Black (Wis. Ct. App. 2022).
State v. Hughes, 2005 WI App 155 (Wis. Ct. App. 2005).
— Wis. Stat. § 948.01(3r) — 1 case
State v. Thor S. Lancial (Wis. Ct. App. 2023).
— Wis. Stat. § 948.01(5) — 24 cases
State v. Plymesser, 493 N.W.2d 376 (Wis. 1992).
State v. Davidson, 2000 WI 91 (Wis. 2000). “Wis. Stat. § 948.01 (5). [15] ¶ 59. Thus the defendant's purpose or motive for allegedly touching Tina H.”
State v. Rushing, 541 N.W.2d 155 (Wis. Ct. App. 1995).
J. G. v. Wangard, 2008 WI 99 (Wis. 2008).
State v. Dodson, 580 N.W.2d 181 (Wis. 1998). “" Wis. Stat. § 948.01 (5) (defining sexual contact).”
— Wis. Stat. § 948.01(5)(a) — 23 cases
State v. Donald P. Coughlin, 2022 WI 43 (Wis. 2022). “Those instructions mirror the factual theory the State presented at trial, as well as the two theories of guilt listed in the definition of "sexual contact" in Wis. Stat. § 948.01 (5)(a): 2 No. 2019AP1876-CR.”
State v. Shane Allan Stroik, 2022 WI App 11 (Wis. Ct. App. 2022).
State v. Ziegler, 2012 WI 73 (Wis. 2012).
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997).
State v. Nichelson, 582 N.W.2d 460 (Wis. Ct. App. 1998).
— Wis. Stat. § 948.01(5)(a)(1) — 1 case
Thill, Ross v. Stanley Corr. Inst. (W.D. Wis. 2020).
— Wis. Stat. § 948.01(5)(a)(2)(b) — 1 case
People v. Ramirez, 2018 COA 129 (2018).
— Wis. Stat. § 948.01(5)(c) — 1 case
State v. Richard Lee Zeier (Wis. Ct. App. 2021).
— Wis. Stat. § 948.01(6) — 18 cases
State v. Lackershire, 2007 WI 74 (Wis. 2007). “Wis. Stat. § 948.01 (6). ¶ 30 In her second argument, Lackershire advances that the circuit court did not satisfy the factual basis requirement of Wis.”
State v. Carter, 2010 WI 40 (Wis. 2010). “" See Wis. Stat. § 948.01 (6). Carter's offer of proof consists of testimony that Cassandra had previous sexual contact with her cousin, specifically that Cassandra "pulled on [her cousin's] penis to get him to ejaculate.”
State v. Rushing, 541 N.W.2d 155 (Wis. Ct. App. 1995).
State v. McMahon, 519 N.W.2d 621 (Wis. Ct. App. 1994).
State v. Dodson, 580 N.W.2d 181 (Wis. 1998). “" Wis. Stat. § 948.01 (5) (defining sexual contact).”
— Wis. Stat. § 948.01(7) — 5 cases
State v. DeRango, 599 N.W.2d 27 (Wis. Ct. App. 1999).
State v. Bruckner, 447 N.W.2d 376 (Wis. Ct. App. 1989).
State v. Michael D. Demars (Wis. Ct. App. 2020).
State v. Thomas G. Schye (Wis. Ct. App. 2023).
State v. Jacob Richard Beyer (Wis. Ct. App. 2024).
— Wis. Stat. § 948.01(7)(b) — 1 case
State v. Daniel J. Coughlin (Wis. Ct. App. 2023).
— Wis. Stat. § 948.01(7)(e) — 7 cases
State v. Mercer, 2010 WI App 47 (Wis. Ct. App. 2010).
State v. A.H., 566 N.W.2d 858 (Wis. Ct. App. 1997).
State v. AH, 566 N.W.2d 858 (Wis. Ct. App. 1997).
State v. Catherine E. Edwards (Wis. Ct. App. 2025).
State v. Reigle, 927 N.W.2d 926 (Wis. Ct. App. 2019).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.