Wisconsin Age of Consent Laws 2023
What is the Wisconsin Age of Consent?
The Wisconsin Age of Consent is 18 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 17 or younger in Wisconsin are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Wisconsin statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 18. there is no close in age exemption, but a marital exemption exists, although it only extends to 16 and 17 years old.
Wisconsin does not have a close-in-age exemption. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in Wisconsin, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old.
Punishments for Violating the Age Of Consent in Wisconsin
Wisconsin has eight statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Wisconsin Age of Consent, as statutory rape or the Wisconsin equivalent of that charge.
The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.
|Engaging in repeated acts of sexual assault of the same child||Class A felony; Class B felony; Class C felony||Life in prison; Maximum of 66 years in prison; Maximum of 40 years in prison, and/or a maximum fine of $100,000|
|Incest with a child||Class C felony||Maximum of 40 years in prison, and/or a maximum fine of $100,000|
|Sexual assault of a child by a school staff person or a person who works or volunteers with children||Class H felony||Maximum of 12 years in prison, and/or a maximum fine of $10,000|
|Sexual assault of a child placed in substitute care||Class C felony||Maximum of 40 years in prison, and/or a maximum fine of $100,000|
|Sexual assault of a child- first degree||Class A felony; Class B felony||Life in prison; Maximum of 66 years in prison|
|Sexual assault of a child- second degree||Class C felony; Class F felony||Maximum of 40 years in prison, and/or a maximum fine of $100,000; Maximum of 18.5 years in prison, and/or a maximum fine of $25,000|
|Sexual exploitation of a child||Class C felony; Class F felony||Maximum of 40 years in prison, and/or a maximum fine of $100,000; Maximum of 18.5 years in prison, and/or a maximum fine of $25,000|
|Sexual intercourse with a child 16 or over||Class A misdemeanor||Maximum of 2 years, 9 months in prison, and/or a maximum fine of $10,000|