Wisconsin Statutes
Wis. Stat. § 948.095 (2026)
Sexual assault of a child by a school staff person or a person who works or volunteers with children
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
948.095948.095 Sexual assault of a child by a school staff person or a person who works or volunteers with children.
948.095(1)(a)(a) “School” means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).
948.095(1)(b)(b) “School staff” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract.
948.095(2)(2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant’s spouse is guilty of a Class H felony if all of the following apply:
948.095(2)(b)(b) The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student.
948.095(3)(a)(a) A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person’s spouse, and with whom the person works or interacts through that occupation or volunteer position.
948.095(3)(d)(d) Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children:
948.095 AnnotationAn “employee” and persons “under contract” are examples of persons included within the group of people that provide services to a school or school board within the definition of school staff under sub. (1) (b). These phrases are illustrative and do not limit the definition of “a person who provides services.” State v. Kaster, 2003 WI App 105, 264 Wis. 2d 751, 663 N.W.2d 390, 02-2352. See also State v. Kaster, 2006 WI App 72, 292 Wis. 2d 252, 714 N.W.2d 238, 05-1285.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 2003–2023 · leading case: State v. Kaster, 2003 WI App 105 (Wis. Ct. App. 2003).
State v. Kaster, 2003 WI App 105 (Wis. Ct. App. 2003). “Among the charges against Raster were four counts of sexual assault of a student by a school instructional staff person under Wis. Stat. § 948.095 . 2 One of these charges was for the March 14 incident.”
John Doe 1 v. Archdiocese of Milwaukee, 2007 WI 95 (Wis. 2007). “Stat. § 948.025 refers to "[e]ngaging in repeated acts of sexual assault of the same child"; Wis.”
State v. Gary Lee Wayerski, 922 N.W.2d 468 (Wis. 2019). “055 (2)(b) ; and (5) eight counts of sexual assault of a child by a person who works or volunteers with children in violation of Wis. Stat. § 948.095 (3). ¶3 Wayerski filed a postconviction motion, asserting claims of ineffective assistance of trial counsel, circuit court…”
State v. Kaster, 2006 WI App 72 (Wis. Ct. App. 2006). “Kaster argues that this court's interpretation of Wis. Stat. § 948.095 on his direct appeal denied him the right to present a defense.”
State v. Sherman, 2008 WI App 57 (Wis. Ct. App. 2008). “025 (l)(b), 1 with a sentence of fifteen years' initial confinement and fifteen years' extended supervision, and sexual assault of a student by school staff, contrary to Wis. Stat. § 948.095 (2), with a sentence of five years' initial confinement and five years' extended…”
State v. McKenzie-Adams, 915 A.2d 822 (Conn. 2007). “2005); Wis. Stat. Ann. § 948.095 (West 2005). Accordingly, we conclude that this Geisler factor tips in favor of the state.”
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40 (Wis. 2023). “085 ), and sexual assault of a child by a school staff person or a person who works or volunteers with children ( Wis. Stat. § 948.095 ). 13 No. 2021AP1054 "[a]n action to recover damages for injury caused by an act that .”
State v. Coleman, 684 S.E.2d 513 (N.C. Ct. App. 2009). “§ 61 -8D-5 (LexisNexis 2009); Wis. Stat. Ann § 948.095 (West 2008); Wyo.”
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2022 WI App 46 (Wis. Ct. App. 2022). “085), and sexual assault of a child by a school staff person or a person who works or volunteers with children (§ 948.095). The statute defines the other type of act as an act that “would create a cause of action under” the statute referenced in the second clause of § 893.”
Kaster v. Smith, 290 F. App'x 949 (7th Cir. 2008). “Raster appealed one of his convictions for sexual assault by a school staff member, arguing that he was not a “member of the school staff’ as defined in Wis. Stat. § 948.095 at the time he committed the assault because he was no longer under contract.”
Wayerski, Gary v. Cooper, Sarah (W.D. Wis. 2020). “e of venue or selection of the jury from another county; (2) the court erroneously admitted “other acts” evidence consisting of pornographic materials in petitioner’s possession; (3) he received ineffective assistance of counsel when his attorney failed to ask him during his…”
State v. David T. Hanke (Wis. Ct. App. 2021). “§ 948.095(2) (2017-18).1 The criminal complaint alleged that in September 2000, Hanke invited a student, R.”
— Wis. Stat. § 948.095(2) — 2 cases
State v. Kaster, 2006 WI App 72 (Wis. Ct. App. 2006). “Kaster argues that this court's interpretation of Wis. Stat. § 948.095 on his direct appeal denied him the right to present a defense.”
State v. David T. Hanke (Wis. Ct. App. 2021). “§ 948.095(2) (2017-18).1 The criminal complaint alleged that in September 2000, Hanke invited a student, R.”
— Wis. Stat. § 948.095(3) — 1 case
Wayerski, Gary v. Cooper, Sarah (W.D. Wis. 2020). “e of venue or selection of the jury from another county; (2) the court erroneously admitted “other acts” evidence consisting of pornographic materials in petitioner’s possession; (3) he received ineffective assistance of counsel when his attorney failed to ask him during his…”
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.