sexual assault laws - rape
First-degree sexual assault
Under Wisconsin law, 1st Degree Sexual Assault is a Class B Felony subject to the penalties for a Class B Felony.
First degree sexual assault is defined by Wisconsin law (WI Stat 940.225) as any of the following criminal acts:
Sexual contact or sexual intercourse with another person without consent of that person and causing great bodily harm or impregnation; or
Sexual contact or sexual intercourse with another person without consent by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon; or
Aiding or abetting by one or more other persons and having sexual contact or sexual intercourse with another without consent by use or threat of use of force or violence.
Sexual assault of a minor child can also be charged as a 1st degree sexual assault crime.
Second-degree sexual assault
Wisconsin law defines second degree sexual assault as any of the following criminal acts:
Sexual contact or sexual intercourse with another person without consent by use or threat of force or violence; or
Sexual contact or sexual intercourse with another person without consent and causing injury, illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric case for the victim; or
Sexual contact or sexual intercourse with a person known to be intoxicated, known to be unconscious, or known to suffer from diminished capacities of any sort that temporarily or permanently render the victim incapable of understanding the consequences of such conduct; or
Sexual contact or sexual intercourse with another person without consent and with the assistance of one or more other persons; or
Is an employee of a medical facility or program and has sexual contact or sexual intercourse with a resident patient; or
Is an employee of the department of corrections and has sexual contact or sexual intercourse with an inmate, unless the inmate is incarcerated for a sex crime; or
Is an employee who supervises an individual on probation, parole, or extended supervision with whom sexual contact or sexual intercourse occurs, unless the person on probation, parole or extended supervision is subject to conviction for sexual assault.
Under Wisconsin law, 2nd Degree Sexual Assault is a Class C Felony and subject to the penalties of a Class C Felony.
Third Degree Sexual Assault - Rape
Third degree sexual assault is rape. Wisconsin law defines third degree sexual assault as sexual intercourse with a person without consent of that person. Third degree sexual assault also occurs if a person intentionally ejaculates, urinates, or defecates upon any part of the body clothed or unclothed of the victim if such act was intended for purposes of sexual degradation, sexual humiliation, sexual arousal, or sexual gratification.
Under Wisconsin law, 3rd Degree Sexual Assault is a Class G Felony and subject to the penalties of a Class G Felony.
Fourth-degree Sexual Assault
Fourth-degree sexual assault is often called molestation; it is nonconsensual sexual contact with another person.
Under Wisconsin law, 4th Degree Sexual Assault is a Class A Misdemeanor.