b. Statutory Rape-Non-Forcible sexual intercourse with a person who is under the statutory age of consent. Definitions of sexual assault of an adult and penalties are:
Wisconsin Statutes for Sexual Assault( 1) First Degree Sexual Assault- 940.225
Whoever does any of the following is guilty of a Class B felony:
• Has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person.
• Has sexual contact or sexual intercourse with another person without consent of that person 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.
• 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:
• Has sexual contact or sexual intercourse with another person without consent of that person by use of threat of force or violence.
• 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.
• 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.
• 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.
• Has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.
• 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.
• 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,