Wisconsin Statutes

Wis. Stat. § 948.06 (2026)

Incest with a child

✓ current as of July 2026
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948.06948.06Incest with a child. Whoever does any of the following is guilty of a Class C felony:
948.06(1)(1)Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin.
948.06(1m)(1m)Has sexual contact or sexual intercourse with a child if the actor is the child’s stepparent.
948.06(2)(2)Is a person responsible for the child’s welfare and:
948.06(2)(a)(a) Has knowledge that another person who is related to the child by blood or adoption in a degree of kinship closer than 2nd cousin or who is a child’s stepparent has had or intends to have sexual intercourse or sexual contact with the child;
948.06(2)(b)(b) Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated;
948.06(2)(c)(c) Fails to take that action; and
948.06(2)(d)(d) 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.
948.06 HistoryHistory: 1987 a. 332; 1995 a. 69; 2001 a. 109; 2005 a. 277.
Notes of Decisions
Cited in 22 cases (12 in the last 5 years), 1994–2025 · 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 22× “The State later dropped the first-degree sexual assault charge and added the charge of incest with a child in violation of Wis. Stat. § 948.06 (1). ¶ 5. Pursuant to an agreement, Roger entered a plea of guilty to the incest charge and a felony bail jumping charge, and the sexual…”
State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018). · cites it 4× “025(1)(e) for conduct occurring between September 26, 2008, and September 25, 2012; (3) incest contrary to Wis. Stat. § 948.06 (1) for conduct occurring between September 26, 2008, and September 25, 2012; and (4) child enticement contrary to Wis.”
John Doe 1 v. Archdiocese of Milwaukee, 2007 WI 95 (Wis. 2007). · cites it 4× “025 refers to "[e]ngaging in repeated acts of sexual assault of the same child"; Wis. Stat. § 948.06 refers to "[i]ncest with a child"; Wis.”
Doe v. Archdiocese of Milwaukee, 565 N.W.2d 94 (Wis. 1997). · cites it 4× “[26] Wis. Stat. § 948.06 (1993-94) Incest with a child.”
State v. McMahon, 519 N.W.2d 621 (Wis. Ct. App. 1994). · cites it 4× “8-4-74) contrary to Section 948.06 (1), Wisconsin Statutes. The count's wording, on its face, gave no notice that more than one act of sexual intercourse was being charged relative to the time period mentioned.”
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40 (Wis. 2023). · cites it 9× “025 ), incest with a child ( Wis. Stat. § 948.06 ), sexual assault of a child placed in substitute care ( Wis.”
State v. James P. Killian, 2023 WI 52 (Wis. 2023). · cites it 14× “The proposed Amended Information included in Ashley's case one count of incest with a child contrary to Wis. Stat. § 948.06 . The proposed Amended Information also expanded the charging period for Britney's case from "on or about Monday, August 18, 2014" to "on or between…”
State v. Sanders, 2017 WI App 22 (Wis. Ct. App. 2017). · cites it 2× “025 (2015-16), 1 incest with a child in violation of Wis. Stat. § 948.06 (1), and child enticement in violation of Wis.”
State v. Jimmie R.R., 2000 WI App 5 (Wis. Ct. App. 1999). · cites it 2× “, and three counts of incest with a child contrary to § 948.06(1), Stats. Later, the State filed a notice of the videotaped interview of Cassandra and requested a hearing to determine its admissibility under §§ 908.”
State v. James P. Killian, 2023 WI 52 (Wis. 2023). · cites it 14× “The proposed Amended Information included in Ashley's case one count of incest with a child contrary to Wis. Stat. § 948.06 . The proposed Amended Information also expanded the charging period for Britney's case from "on or about Monday, August 18, 2014" to "on or between…”
State v. Anson, 2002 WI App 270 (Wis. Ct. App. 2002). · cites it 2× “2 The State also charged Anson with three counts of incest for the same conduct in violation of Wis. Stat. § 948.06 (1). Anson's appeal does not involve these charges.”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2003 WI App 88 (Wis. Ct. App. 2003). · cites it 2× “In the information, the state dropped the first-degree sexual assault charge and added a charge of incest with a child in violation of Wis. Stat. § 948.06 (1). Pursuant to a plea agreement, Robert pleaded guilty to the incest charge and to a felony bail jumping charge, and the…”
— Wis. Stat. § 948.06(1) — 7 cases
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “The State later dropped the first-degree sexual assault charge and added the charge of incest with a child in violation of Wis. Stat. § 948.06 (1). ¶ 5. Pursuant to an agreement, Roger entered a plea of guilty to the incest charge and a felony bail jumping charge, and the sexual…”
State v. McMahon, 519 N.W.2d 621 (Wis. Ct. App. 1994). “8-4-74) contrary to Section 948.06 (1), Wisconsin Statutes. The count's wording, on its face, gave no notice that more than one act of sexual intercourse was being charged relative to the time period mentioned.”
State v. Jimmie R.R., 2000 WI App 5 (Wis. Ct. App. 1999). “, and three counts of incest with a child contrary to § 948.06(1), Stats. Later, the State filed a notice of the videotaped interview of Cassandra and requested a hearing to determine its admissibility under §§ 908.”
State v. James P. Killian (Wis. Ct. App. 2022).
State v. MacK, 776 N.W.2d 100 (Wis. Ct. App. 2009).
— Wis. Stat. § 948.06(1m) — 2 cases
State v. Jeffrey M. McCulloch (Wis. Ct. App. 2025).
— Wis. Stat. § 948.06(2) — 1 case
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40 (Wis. 2023). “025 ), incest with a child ( Wis. Stat. § 948.06 ), sexual assault of a child placed in substitute care ( Wis.”
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