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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.

Are You Facing a FELONY Charge for Sexual Assault in Wisconsin?

Depending on the severity of the crime, you could be facing a felony charge that results in a lifetime behind bars and up to $100,000 in fines. The best way to lessen your penalties below the maximum sentence and fines is to hire a criminal defense lawyer who is knowledgeable on these types of crimes. 

Types of charges you could be facing: 

  • Sexual Assult of a minor under the age of 13Sexual assault of a minor under the age of 13 will result in a Class A felony charge in Wisconsin. This type of charge will result in a life prison sentence.
  • 1st Degree Sexual AssaultIf you're being charged with a Class B felony for 1st degree Sexual Assault you could be facing up to 60 years in state prison.
  • 2nd-degree sexual assaultIf you've committed 2nd-degree sexual assault, you'll be facing charges associated with committing a Class C felony. This type of felony will earn you up to $100,000 in fines and 40 years in prison.
  • Child EnticementBeing caught attempting to lure a child to an isolated place to engage in sexual activity (child enticement) would result in Class D Felony charges. A class D felony calls for up to 25 years of prison time and fines up to $100,000.
  • Failure to act in a case of the sexual assault of a childGetting charged with failure to act in a case of the sexual assault of a child would be categorized as a Class F Felony. In Wisconsin, this type of charge would result in 12 years in state prison, $25,000 in fines, or both.
  • 3rd-degree sexual assaultA 3rd-degree sexual assault charge in Wisconsin is a Class G Felony. This type of felony is punishable by up to 10 years in prison and a maximum fine of $25,000.

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. 

How to Reduce Sexual Assault Penalties

If you have been accused of sexual assault in Wisconsin and you’re wondering what to do next, finding an experienced sexual assault lawyer is your first step. 

Whether you are facing 1st-degree or 4th-degree sexual assault charges, Grieve Law has the strategic defenses to reduce sexual assault penalties. No law office in Wisconsin can match Grieve Law’s record of reducing clients’ charges. 

Tom Grieve’s success as a criminal defense attorney has earned him the respect of many in legal circles and the public. Named among the best attorneys in Wisconsin, Tom Grieve has been named a Top Criminal Defense Attorney in the Country by Newsweek. He has also been inducted to the “Wisconsin Rising Stars” by Super Lawyers.


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How is sexual assault defined in Wisconsin?

The definition of sexual assault can vary depending what degree of sexual assault, there are four. First, second, third, and fourth.

What is the minimum sentence for sexual assault in Wisconsin?

Not all sexual assault charges have a minimum sentence. Each crime has maximum possible penalties and only a few have minimum penalties, such as prison if convicted.

What is sexual assault 1st Degree?

There are multiple definitions. Generally speaking, it is defined as sexual intercourse with a person without their consent resulting in great bodily harm or threat/use of force with a dangerous weapon.

How long is jail time for sexual assault in Wisconsin?

If you are convicted of a serious sexual assault offense, you are likely facing prison time. However, there are multiple levels of sexual assault, and may not always result in jail or prison time.

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