Wisconsin Statutes
Wis. Stat. § 948.02 (2026)
Sexual assault of a child
✓ current as of July 2026
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948.02(1)(am)(am) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony.
948.02(1)(b)(b) Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony.
948.02(1)(c)(c) Whoever has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony.
948.02(1)(d)(d) Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs.
948.02(1)(e)(e) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of a Class B felony.
948.02(2)(2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony. This subsection does not apply if s. 948.093 applies.
948.02(3)(3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
948.02(4)(4) Marriage not a bar to prosecution. A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.
948.02(5)(5) Death of victim. This section applies whether a victim is dead or alive at the time of the sexual contact or sexual intercourse.
948.02 HistoryHistory: 1987 a. 332; 1989 a. 31; 1995 a. 14, 69; 2001 a. 109; 2005 a. 430, 437; 2007 a. 80; 2013 a. 167; 2017 a. 174.
948.02 AnnotationDiscussing relevant evidence in child sexual assault cases. Michael R.B. v. State, 175 Wis. 2d 713, 499 N.W.2d 641 (1993).
948.02 AnnotationDiscussing limits relating to expert testimony regarding child sex abuse victims. State v. Hernandez, 192 Wis. 2d 251, 531 N.W.2d 348 (Ct. App. 1995).
948.02 AnnotationThe criminalization, under sub. (2), of consensual sexual relations with a child does not violate a defendant’s constitutionally protected privacy rights. State v. Fisher, 211 Wis. 2d 665, 565 N.W.2d 565 (Ct. App. 1997), 96-1764.
948.02 AnnotationSecond degree sexual assault under sub. (2) is a lesser included offense of first degree sexual assault under sub. (1). State v. Moua, 215 Wis. 2d 511, 573 N.W.2d 202 (Ct. App. 1997), 96-3242.
948.02 AnnotationFor a guilty plea to a sexual assault charge to be knowingly made, a defendant need not be informed of the potential of being required to register as a convicted sex offender under s. 301.45 or that failure to register could result in imprisonment, as the commitment is a collateral, not direct, consequence of the plea. State v. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, 98-2196.
948.02 AnnotationExpert evidence of sexual immaturity is relevant to a preadolescent’s affirmative defense that he or she is not capable of having sexual contact with the purpose of becoming sexually aroused or gratified. State v. Stephen T., 2002 WI App 3, 250 Wis. 2d 26, 643 N.W.2d 151, 00-3045.
948.02 AnnotationThat the intended victim was actually an adult was not a bar to bringing the charge of attempted second degree sexual assault of a child. The fictitiousness of the victim is an extraneous factor beyond the defendant’s control within the meaning of the attempt statute. State v. Grimm, 2002 WI App 242, 258 Wis. 2d 166, 653 N.W.2d 284, 01-0138.
948.02 AnnotationSection 939.22 (19) includes female and male breasts as each is “the breast of a human being.” The touching of a boy’s breast constitutes “sexual contact” under sub. (2). State v. Forster, 2003 WI App 29, 260 Wis. 2d 149, 659 N.W.2d 144, 02-0602.
948.02 AnnotationSub. (2), in conjunction with ss. 939.23 and 939.43 (2), precludes a defense predicated on a child’s intentional age misrepresentation. The statutes do not violate an accused’s rights under the 14th amendment to the U.S. Constitution. State v. Jadowski, 2004 WI 68, 272 Wis. 2d 418, 680 N.W.2d 810, 03-1493.
948.02 AnnotationThe consent of a child in a sub. (2) violation is not relevant. Yet if a defendant asserts that the defendant did not consent to the intercourse and that the defendant was raped by the child, the issue of the defendant’s consent becomes paramount. If the defendant was raped, the act of having sexual intercourse with the child does not constitute a crime. State v. Lackershire, 2007 WI 74, 301 Wis. 2d 418, 734 N.W.2d 23, 05-1189.
948.02 Annotation“Sexual intercourse” as used in this section does not include bona fide medical, health care, and hygiene procedures. This construction cures the statute’s silence regarding medically appropriate conduct. Thus the statute is not unconstitutionally overbroad. State v. Lesik, 2010 WI App 12, 322 Wis. 2d 753, 780 N.W.2d 210, 08-3072.
948.02 AnnotationThe elements of the offense under sub. (1) (e) are: 1) that the defendant had sexual contact with the victim; and 2) that the victim was under the age of 13 years at the time of the alleged sexual contact. It is these elements that the jury must unanimously agree upon. The exact location of the assault is not a fact necessary to prove the sexual contact and does not require jury unanimity. State v. Badzinski, 2014 WI 6, 352 Wis. 2d 329, 843 N.W.2d 29, 11-2905.
948.02 AnnotationThe defendant’s convictions for both failure to protect a child from sexual assault contrary to sub. (3) and first-degree sexual assault of a child under 13 as a party to a crime contrary to sub. (1) (e) and s. 939.05 were not multiplicitous. The two convictions were supported by different conduct and were not identical in fact. State v. Steinhardt, 2017 WI 62, 375 Wis. 2d 712, 896 N.W.2d 700, 15-0993.
948.02 AnnotationThe constitutionality of this statute is upheld. Sweeney v. Smith, 9 F. Supp. 2d 1026 (1998).
948.02 AnnotationStatutory Rape in Wisconsin: History, Rationale, and the Need for Reform. Olszewski. 89 MLR 693 (2006).
Notes of Decisions
Cited in 510
cases (114 in the last 5 years), 1982–2026 · leading case: State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013).
State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). “¶3 The State attempted to change its position before the court of appeals and attempted to prove that the correct charge was a violation of Wis. Stat. § 948.02 (1)(d). The court of appeals rejected the State's theory that the crime was a violation of § 948.”
State v. Heather L. Steinhardt, 2017 WI 62 (Wis. 2017). “02(3) (2011-12)2 and first-degree sexual assault of a child under 13 as a party to a crime contrary to Wis. Stat. §§ 948.02 (1)(e) and 939.05 violated the Double Jeopardy Clauses of the United States Constitution and Wisconsin Constitution.”
State v. Jadowski, 2004 WI 68 (Wis. 2004). “Jadowski, the defendant, faces prosecution on one count of sexual intercourse with a person who has not yet attained the age of 16 years contrary to Wis. Stat. § 948.02 (1999-2000). 1 The circuit court granted the defendant's motion to introduce evidence of the victim's…”
State v. Lackershire, 2007 WI 74 (Wis. 2007). “[1] Based on her guilty plea, she was convicted of one count of second-degree sexual assault of a child under Wis. Stat. § 948.02 (2) (2003-04). [2] Lackershire contends that she was the victim, rather than the perpetrator, of a sexual assault.”
State v. Thompson, 2012 WI 90 (Wis. 2012). “Thompson was charged with two counts of first-degree sexual assault of a child under the age of thirteen without great bodily harm, contrary to Wis. Stat. § 948.02 (l)(b). The criminal complaint stated that each count was "a Class B Felony.”
State v. Ziegler, 2012 WI 73 (Wis. 2012). “On July 1, 2008, the State filed an information charging Ziegler with the following 14 counts: (1) repeated first-degree sexual assault of Kaitlyn, in violation of Wis. Stat. §§ 948.02 (1) 4 and *272 948.025(l)(b); 5 (2) interference with the custody of Kaitlyn, in violation of…”
State v. Stanley J. Maday, Jr., 2017 WI 28 (Wis. 2017). “" Wis. Stat. § 948.02 (1)(b) (2009–10). 4 "Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony.”
State v. Joel M. Hurley, 2015 WI 35 (Wis. 2015). “While the applicable statutes, Wis. Stat. §§ 948.02 and 948.025, were amended during this period, the underlying crime with which Hurley was charged remained materially the same.”
State v. Johnson, 2001 WI 52 (Wis. 2001). “§§ 948.02 (1) and (2), 948.01(5) and (6).”
State v. Stanfield, 314 N.W.2d 339 (Wis. 1982). “The court of appeals held sec. 948.02, Stats., to require proof of intentional or negligent cruelty to animals, *559 and found insufficient evidence to sustain the state's burden of proof.”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “After Kelli's disclosure, Roger was charged with first-degree sexual assault of a child for having sexual contact with Kelli when she was younger than 13, in violation of Wis. Stat. § 948.02 (1), and second-degree sexual assault of a child for having intercourse with Kelli…”
State v. Anthony R. Pico, 914 N.W.2d 95 (Wis. 2018). “See Wis. Stat. §§ 948.02 (1)(e) and 939.50(3)(b).”
— Wis. Stat. § 948.02(1) — 113 cases
State v. Carter, 2010 WI 40 (Wis. 2010).
State v. Patrick J. Lynch, 2016 WI 66 (Wis. 2016).
State v. Harrell, 513 N.W.2d 676 (Wis. Ct. App. 1994).
State v. Sauceda, 472 N.W.2d 798 (Wis. Ct. App. 1991).
State v. Johnson, 2001 WI 52 (Wis. 2001). “§§ 948.02 (1) and (2), 948.01(5) and (6).”
— Wis. Stat. § 948.02(1)(am) — 2 cases
State v. Clifford Lee Kelsey (Wis. Ct. App. 2025).
State v. Keith A.D. Whiting (Wis. Ct. App. 2025).
— Wis. Stat. § 948.02(1)(b) — 9 cases
State v. Joel M. Hurley, 2015 WI 35 (Wis. 2015). “While the applicable statutes, Wis. Stat. §§ 948.02 and 948.025, were amended during this period, the underlying crime with which Hurley was charged remained materially the same.”
State v. Keith C. Kenyon (Wis. Ct. App. 2025).
State v. Clifford Lee Kelsey (Wis. Ct. App. 2025).
State v. Brian D. Frazier (Wis. Ct. App. 2021).
State v. Jason Allen Donahue (Wis. Ct. App. 2020).
— Wis. Stat. § 948.02(1)(c) — 3 cases
State v. Douglas, 908 N.W.2d 466 (Wis. Ct. App. 2018).
State v. Jayshonn Mikell Duffie (Wis. Ct. App. 2024).
State v. Clifford Lee Kelsey (Wis. Ct. App. 2025).
— Wis. Stat. § 948.02(1)(d) — 3 cases
State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). “¶3 The State attempted to change its position before the court of appeals and attempted to prove that the correct charge was a violation of Wis. Stat. § 948.02 (1)(d). The court of appeals rejected the State's theory that the crime was a violation of § 948.”
State v. Travis, 2012 WI App 46 (Wis. Ct. App. 2012).
State v. Lamont L. Travis (Wis. 2013).
— Wis. Stat. § 948.02(1)(e) — 43 cases
State v. Heather L. Steinhardt, 2017 WI 62 (Wis. 2017). “02(3) (2011-12)2 and first-degree sexual assault of a child under 13 as a party to a crime contrary to Wis. Stat. §§ 948.02 (1)(e) and 939.05 violated the Double Jeopardy Clauses of the United States Constitution and Wisconsin Constitution.”
State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). “¶3 The State attempted to change its position before the court of appeals and attempted to prove that the correct charge was a violation of Wis. Stat. § 948.02 (1)(d). The court of appeals rejected the State's theory that the crime was a violation of § 948.”
State v. Stanley J. Maday, Jr., 2017 WI 28 (Wis. 2017). “" Wis. Stat. § 948.02 (1)(b) (2009–10). 4 "Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony.”
State v. Shane Allan Stroik, 2022 WI App 11 (Wis. Ct. App. 2022).
State v. Eric J. Debrow, 2023 WI 54 (Wis. 2023).
— Wis. Stat. § 948.02(2) — 111 cases
State v. Ziegler, 2012 WI 73 (Wis. 2012). “On July 1, 2008, the State filed an information charging Ziegler with the following 14 counts: (1) repeated first-degree sexual assault of Kaitlyn, in violation of Wis. Stat. §§ 948.02 (1) 4 and *272 948.025(l)(b); 5 (2) interference with the custody of Kaitlyn, in violation of…”
United States v. Defabian C. Shannon, 110 F.3d 382 (7th Cir. 1997).
State v. Jadowski, 2004 WI 68 (Wis. 2004). “Jadowski, the defendant, faces prosecution on one count of sexual intercourse with a person who has not yet attained the age of 16 years contrary to Wis. Stat. § 948.02 (1999-2000). 1 The circuit court granted the defendant's motion to introduce evidence of the victim's…”
State v. Fisher, 565 N.W.2d 565 (Wis. Ct. App. 1997).
State v. Lackershire, 2007 WI 74 (Wis. 2007). “[1] Based on her guilty plea, she was convicted of one count of second-degree sexual assault of a child under Wis. Stat. § 948.02 (2) (2003-04). [2] Lackershire contends that she was the victim, rather than the perpetrator, of a sexual assault.”
— Wis. Stat. § 948.02(3) — 4 cases
State v. Heather L. Steinhardt, 2017 WI 62 (Wis. 2017). “02(3) (2011-12)2 and first-degree sexual assault of a child under 13 as a party to a crime contrary to Wis. Stat. §§ 948.02 (1)(e) and 939.05 violated the Double Jeopardy Clauses of the United States Constitution and Wisconsin Constitution.”
State v. Carol M. D., 542 N.W.2d 476 (Wis. Ct. App. 1995).
State v. Ward, 596 N.W.2d 887 (Wis. Ct. App. 1999).
JESSICA MF v. Liberty Mut. Fire Ins. Co., 561 N.W.2d 787 (Wis. Ct. App. 1997).
— Wis. Stat. § 948.02(3m) — 1 case
State v. Slinker, 688 N.W.2d 783 (Wis. Ct. App. 2004).
— Wis. Stat. § 948.02(e) — 2 cases
State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). “¶3 The State attempted to change its position before the court of appeals and attempted to prove that the correct charge was a violation of Wis. Stat. § 948.02 (1)(d). The court of appeals rejected the State's theory that the crime was a violation of § 948.”
State v. Lamont L. Travis (Wis. 2013).
— Wis. Stat. § 948.02(l)(b) — 4 cases
State v. Thompson, 2012 WI 90 (Wis. 2012). “Thompson was charged with two counts of first-degree sexual assault of a child under the age of thirteen without great bodily harm, contrary to Wis. Stat. § 948.02 (l)(b). The criminal complaint stated that each count was "a Class B Felony.”
State v. Joel M. Hurley, 2015 WI 35 (Wis. 2015). “While the applicable statutes, Wis. Stat. §§ 948.02 and 948.025, were amended during this period, the underlying crime with which Hurley was charged remained materially the same.”
State v. Lalicata, 2012 WI App 138 (Wis. Ct. App. 2012).
State v. Scott, 2017 WI App 40 (Wis. Ct. App. 2017).
— Wis. Stat. § 948.02(l)(d) — 2 cases
State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). “¶3 The State attempted to change its position before the court of appeals and attempted to prove that the correct charge was a violation of Wis. Stat. § 948.02 (1)(d). The court of appeals rejected the State's theory that the crime was a violation of § 948.”
State v. Travis, 2012 WI App 46 (Wis. Ct. App. 2012).
— Wis. Stat. § 948.02(l)(e) — 6 cases
State v. Heather L. Steinhardt, 2017 WI 62 (Wis. 2017). “02(3) (2011-12)2 and first-degree sexual assault of a child under 13 as a party to a crime contrary to Wis. Stat. §§ 948.02 (1)(e) and 939.05 violated the Double Jeopardy Clauses of the United States Constitution and Wisconsin Constitution.”
State v. Lamont L. Travis, 2013 WI 38 (Wis. 2013). “¶3 The State attempted to change its position before the court of appeals and attempted to prove that the correct charge was a violation of Wis. Stat. § 948.02 (1)(d). The court of appeals rejected the State's theory that the crime was a violation of § 948.”
State v. Marinez, 2011 WI 12 (Wis. Ct. App. 2011).
State v. Travis, 2012 WI App 46 (Wis. Ct. App. 2012).
State v. Thompson, 2012 WI 90 (Wis. 2012). “Thompson was charged with two counts of first-degree sexual assault of a child under the age of thirteen without great bodily harm, contrary to Wis. Stat. § 948.02 (l)(b). The criminal complaint stated that each count was "a Class B Felony.”
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