Second Degree Sexual Assault of a Child
Section 948.02(2) of the Wisconsin Criminal Code provides that it is a Felony to have sexual
contact with a child under the age of 16. This is what many understand as Statutory Rape. The
elements that the State would need to prove to support a conviction for this offense are:
- The Defendant had sexual contact or sexual intercourse with a person.
- The person was under the age of 16 at the time of the sexual contact or intercourse.
A common misconception about this charge is that the Defendant must be eighteen years old or
older to be charged under this statute. That is not the case. I defended a seventeen year old boy
charged under this statute. I was able to get the charge reduced to misdemeanors.
Second Degree Sexual Assault of a Child carries very straightforward elements. Case law even
allows for a criminal charge where a girl gave a man a fake ID which showed that she was
eighteen years old, but was actually fifteen. Sexual contact can be difficult to define, so it is
important to hire a Wisconsin Criminal Defense Lawyer with experience in these charges.