Legal dating age in wisconsin

An innocent relationship can turn disastrous if it turns out she was under the consensual age in Wisconsin.

With technology so prominent in all aspects of teenagers lives, “sexting” can carry significant weight in the court room, proving sexual conduct took place.

Meaning anyone age 18 or older who has sexual intercourse with a boy or girl age 16 or 17 will be facing a class A misdemeanor.

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(For information about rape between spouses, see our article on Marital Rape Laws.) Statutory rape is prosecuted under Wisconsin’s sexual assault laws, and penalties depend on the age of the parties, and the type of sexual contact that occurred, as described below. §§ 939.51, 948.093 (2018).) State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including statutory rape) must register as sex offenders. § 304.06(1q)(b) (2018).) Wisconsin has a marital exemption for statutory rape that allows consensual sex between a married 15, 16, or 17 year old and an adult spouse, even though their ages would prohibit it if they were not married. But if Jen and Tony are and living in Wisconsin, Tony need not fear criminal charges for having consensual sex with Jen.

First degree sexual assault of a child occurs when there is sexual contact (sexual touching, even over clothing, without penetration) or intercourse (sexual penetration, however slight, with an object or body part) between a minor who is 12 or younger, and a defendant of any age. §§ 939.50, 948.02 (2018).) Second degree sexual assault of a child occurs when there is sexual contact between a minor who is 13 or 14 years old and a defendant of any age, or sexual contact between a minor who is 15 years old and a defendant who is 19 or older. §§ 939.50, 948.02, 948.093 (2018).) Sexual intercourse with a child 16 or older occurs when there is sexual intercourse between a minor who is 16 or 17 and a defendant who is 19 or older (unless the defendant is the minor’s spouse, described below). §§ 939.51, 948.09 (2018).) Underage sexual activity involves the following, unless the defendant is the minor's spouse (described below): Underage sexual activity is a class A misdemeanor, and a conviction can result in a fine of up to $10,000, nine months in jail, or both. As a condition of parole, the parole commission may require that a "serious child sex offender" (someone who committed specified offenses against a child under 13 years of age) undergo chemical castration. This is because Wisconsin has a marital exemption to the state’s statutory rape laws.

If sexual photographs of the minor are on your son’s phone- even if they were dating- can result in a child pornography charge.

Should the police ever get involved, the prosecution could pursue misdemeanor and felony charges.

They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.

But in Wisconsin, even a reasonable mistake as to the victim's age will not be a defense to a charge of statutory rape.Laws can change over time, and a lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties (such as, for example, probation instead of prison time); and will know how prosecutors and judges typically handle cases like yours.Creating a need for strong criminal defense attorneys.Depending on the jurisdiction, Statutory Rape can be described with a range of terms, including: A felony can still be possible even if sexual intercourse did not occur, sexual touching with clothes on would still constitute this offense.Second degree assault of a child is between a legal adult and a minor aged 13 through 15.

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