Wisconsin Statutes
Wis. Stat. § 948.09 (2026)
Sexual intercourse with a child age 16 or older
✓ current as of July 2026
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948.09948.09 Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant’s spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor if the defendant has attained the age of 19 years when the violation occurs.
Notes of Decisions
Cited in 24
cases (3 in the last 5 years), 1991–2024 · leading case: State v. Gary Lee Wayerski, 922 N.W.2d 468 (Wis. 2019).
State v. Gary Lee Wayerski, 922 N.W.2d 468 (Wis. 2019). “08 ; and (2) two counts of sexual intercourse with a child 16 or older in violation of Wis. Stat. § 948.09 . 9 The prosecutor assigned to Wayerski's case admitted that he had discovered Clark's pending charges a few days prior to Wayerski's trial through a basic check of…”
State v. Trochinski, 2002 WI 56 (Wis. 2002). “…hearing but this argument does not assist in determining whether a factual basis exists for the crime charged. [20] Wis. Stat. § 948.09 .”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). “Thus, when the victim of a sexual assault is age 16, 17, or older, the state must prove that the sexual intercourse or sexual contact occurred without consent, although the state could proceed under Wis. Stat. § 948.09 , a misdemeanor in which a 16- or 17 year-old's nonconsent…”
Loveridge v. Chartier, 468 N.W.2d 146 (Wis. 1991). “Section 948.09 1989-90 reads: Sexual Intercourse With a Child 16 or Older.”
Woznicki v. Erickson, 549 N.W.2d 699 (Wis. 1996). “In April 1994, Woznicki was charged with having consensual sex with a minor over the age of sixteen in violation of Wis. Stat. § 948.09 (1993-94). [1] A criminal investigation ensued, *182 during which the St.”
United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). “2-371; Wisconsin (18), Wis. Stat. Ann. § 948.09 . [2] See Alaska Stat.”
State v. Jordan Alexander Lickes, 2021 WI 60 (Wis. 2021). “225 (3m) (hereinafter "Count 1"); (2) sexual intercourse with a child aged 16 or older, in violation of Wis. Stat. § 948.09 (hereinafter "Count 2"); (3) disorderly conduct, in violation of Wis.”
State v. DeLain, 2004 WI App 79 (Wis. Ct. App. 2004). “22 (2); 1 one count of sexual intercourse with a child age sixteen or older on April 25, contrary to Wis. Stat. § 948.09 ; and one count of obstructing justice, contrary to Wis.”
State v. Ambrose, 540 N.W.2d 208 (Wis. Ct. App. 1995). “Although an absolute legislative ban against teacher-student sexual contact may well be advisable, and while Ambrose's conduct may be deserving of more than the misdemeanor punishment provided by § 948.09, Stats. (prohibiting consensual sexual intercourse with a child sixteen…”
State v. Provo, 2004 WI App 97 (Wis. Ct. App. 2004). “On December 4, 2000, the State charged Provo with the crimes of child enticement and sexual intercourse with a child, contrary to Wis. Stat. § 948.09 . The preliminary hearing was held on December 22.”
State v. Sprosty, 2001 WI App 231 (Wis. Ct. App. 2001). “See Wis. Stat. § 948.09 . Subject to a few exceptions that do not apply here, an attempt to commit a misdemeanor is not made criminal by the Wisconsin Statutes.”
Duane N. v. Natalie T., 513 N.W.2d 669 (Wis. Ct. App. 1994). “The court reasoned, however, that Duane had sexually assaulted Natalie because she was not his wife and was sixteen years old when they had intercourse, contrary to § 948.09, Stats. That statute, which is entitled "Sexual intercourse with a child age 16 or older," provides:…”
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