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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948.09948.09Sexual 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.
948.09 HistoryHistory: 1987 a. 332; 2017 a. 174.
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). · cites it 4× “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). · cites it 4× “…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). · cites it 4× “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). · cites it 4× “Section 948.09 1989-90 reads: Sexual Intercourse With a Child 16 or Older.”
Woznicki v. Erickson, 549 N.W.2d 699 (Wis. 1996). · cites it 4× “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). · cites it 2× “2-371; Wisconsin (18), Wis. Stat. Ann. § 948.09 . [2] See Alaska Stat.”
State v. Jordan Alexander Lickes, 2021 WI 60 (Wis. 2021). · cites it 2× “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). · cites it 2× “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). · cites it 4× “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). · cites it 2× “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). · cites it 2× “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). · cites it 9× “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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