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Sexual Assault in Wisconsin penalties for all 4 degrees

Penalties for sexual assault cases depend on the degree:

  • 1st-degree sexual assault—up to 60 years in prison
  • 2nd-degree sexual assaultup to 40 years in prison and/or $100,000 fine
  • 3rd-degree sexual assaultup to 10 years in prison and/or a $25,000 fine
  • 4th-degree sexual assaultup to 9 months in jail and/or a $10,000 fine

Penalties for sexual assault depend on the class of the felony in Wisconsin. 1st-degree sexual assault causing injury: life imprisonment; 1st degree: up to 60 years imprisonment; 2nd degree: 40 years in prison and fines up to $100,000.

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What are the Degrees & Penalties of Sexual Assault in Wisconsin?

Types of 1st Degree Sexual Assault in Wisconsin

Broadly, there are four types of 1st degree sexual assault.

  1. First, there is non-consensual sexual contact that results in pregnancy or great bodily harm.
  2. Second, there is sexual contact involving the use or threat of a deadly weapon, such as a gun or switchblade in Wisconsin. Even a fake gun counts, as long as the victim believes it’s a deadly weapon.
  3. Third, there is violent non-consensual sexual contact aided by another person, such as in the case of gang rape.
  4. Fourth, there is sexual contact with a child under the age of 16 by threat of force or violence.

Penalties for sexual assault in Wisconsin

The penalty: In general, 1st degree sexual assault is a Class B felony, carrying up to 60 years in prison.

However, if the victim was under 13 and the assault resulted in injury, you could be facing life behind bars.

Types of 2nd Degree Sexual Assault in Wisconsin

2nd degree sexual assault is an even broader category. It includes:

  1. Sexual contact by threat of force or violence or that results in injury, disease, or mental anguish requiring psychiatric care.
  2. Also included is sexual assault aided by another person, but without violence. This category also covers sex with an intoxicated, unconscious, or mentally impaired person, a caregiver having sex with a patient, and a prison guard or parole officer having sex with an inmate/parolee.
  3. If sexual contact with a child under 16 does not include threats or violence and does not result in injury, it becomes a 2nd degree sexual assault.

The penalty: These crimes are Class C felonies, carrying the penalty of up to 40 years in prison and/or a $100,000 fine.

Types of 3rd Degree Sexual Assault in Wisconsin

  1. 3rd degree sexual assault includes:
  2. Any other non-consensual sex
  3. Ejaculating, urinating, or defecating on someone.

The penalty: This is a Class G felony, and you could face up to 10 years in prison and/or a $25,000 fine.

4th Degree Sexual Assault in Wisconsin

Finally, 4th degree sexual assault covers any other non-consensual sexual contact, short of intercourse. Groping falls under this category.

The penalty: As a Class A misdemeanor, these crimes carry penalties of up to 9 months incarceration and/or a $10,000 fine.

Clearly, even the most “minor” class of sexual assault could ruin you financially and destroy your career, family, and reputation.

Here’s how you win a sexual assault case in the state of Wisconsin: contact Grieve Law.

If you’re facing any type of sexual assault accusations, contact our experienced criminal defense attorneys at Grieve Law in Waukesha County.

We will provide you with a free consultation, review the facts of your case, and advise you on the best way to proceed.

Remember, you are only guilty if you are convicted.

Contact Grieve Law to schedule a free case consultation.


In Wisconsin, how long does a sexual assault charge stay on your record?

A sex crime conviction will remain on your record for life in Wisconsin. 

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