c.
Is aided or abetted by one or more persons, and has sexual contact or sexual intercourse
with another person, without consent of the person by use or threat of force or violence.
Penalty for first degree sexual assault is imprisonment for not more than 60 years.
(2) Second Degree Sexual Assault - 940.225(2)
Whoever does any of the following is guilty of a Class C felony:
a. Has sexual contact or sexual intercourse with another person without consent of that
person by use of threat of force or violence.
b. Has sexual contact or sexual intercourse with another person without consent of that
person and causes injury, illness, disease or impairment of a sexual or reproductive organ,
or mental anguish requiring psychiatric care for the victim.
c. Has sexual contact or sexual intercourse with a person who suffers from mental illness or
deficiency, which renders that person temporarily or permanently incapable of appraising
the person’s conduct, and the defendant knows of such condition.
d. Has sexual contact or sexual intercourse with a person who is under the influence of an
intoxicant to a degree which renders that person incapable of giving consent if the
defendant has actual knowledge that the person is incapable of giving consent and the
defendant has the purpose to have sexual contact or sexual intercourse with the person
while the person is incapable of giving consent.
e. Has sexual contact or sexual intercourse with a person who the defendant knows is
unconscious.
f. Is aided or abetted by one or more other persons and has sexual contact or sexual
intercourse with another person without the consent of that person.
g. Is an employee of a facility or program under S.940.295 (2) (b), (c), (h) or (k), and has
sexual contact or sexual intercourse with a person who is a patient or resident of the
facility or program.
Penalty for second degree sexual assault is imprisonment for not more than 30 years and/or a fine of
not more than $10,000, or both.
(3) Third Degree Sexual Assault – 940.225(3)
Whoever has sexual intercourse with a person without the consent of that person is guilty of a
Class G felony. Whoever has sexual contact in the manner described in sub. (5)(b)2. or 3. With a
person without the consent of that person is guilty of a Class G felony.
Penalty for third degree sexual assault is imprisonment for not more than 10 years and/or a fine of not
more than $10,000.
(4) FOURTH DEGREE SEXUAL ASSAULT – 940.225(3m)
Except as provided in sub. (3), whoever has sexual contact with a person without the consent of
that person is guilty of a Class A misdemeanor.
Penalty for fourth degree sexual assault is imprisonment for not more than nine months in the county
jail and/or a fine of not more than $10,000.
Consent
Words or overt actions by a person who is competent to give informed consent indicating a freely given
agreement to have sexual intercourse or sexual contact. Minors, persons suffering from mental illness or
defect, and sleeping or unconscious persons are presumed unable to give consent. Failure to resist does not
indicate consent. – Section 940.225 (4).
Dating Relationship
A romantic or intimate social relationship between two adult individuals but "dating relationship" does not
include a casual relationship or an ordinary fraternization between two individuals in a business or social
context. A court shall determine if a dating relationship existed by considering the length of the
relationship, the type of the relationship, and the frequency of the interaction between the adult individuals
involved in the relationship.
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