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Cafferty, Scheidegger & Johnson, S.C.
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Sexual Offense Defense | Racine & Kenosha

Wisconsin defense for adults charged with sexual offense conduct under § 940.225, § 948.02, § 948.025. Strict statute analysis, three decades of trial work.

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Defense Against Sexual-Offense Charges in Wisconsin

If you or a loved one has been accused of a sex offense in Wisconsin, immediate, experienced defense representation is the most important decision you can make. Even before any finding, an accusation alone can damage careers, reputations, and family relationships. The defense attorneys at Cafferty, Scheidegger & Johnson represent adults charged with sex-related offenses throughout southeastern Wisconsin, aggressively challenging the evidence, protecting your rights at every stage, and preserving your ability to move forward with your life.

Wisconsin protects children who have not attained the age of 16 under § 948.02(2), which makes sexual contact or sexual intercourse with such a person a Class C felony. Conduct with a child who has already turned 16 is reached by § 948.09, a Class A misdemeanor that applies only where the child is not the defendant’s spouse and the defendant has attained the age of 19. The charge may be a Class A misdemeanor or a felony, depending upon the age and profession of the person accused of the crime. An adult who has engaged in an intimate relationship with a teenager, or is accused of having done so, will have his or her life turned upside down. Just the accusation is enough to destroy a reputation and leave the person living in an atmosphere of fear and mistrust, treated as a social pariah.

A health care provider will face more serious charges, and any teacher, coach or religious leader can face very serious legal consequences if accused of having sex with a minor. Certain agencies and professions, including police, physicians and teachers, have a legal obligation to report suspicions of this nature, and any person can be closely scrutinized after a report has been submitted to Child Protective Services.

The Consequences in Wisconsin

Every case has a unique set of circumstances and evidence that has led to charges being filed. Some cases of sexual assault are relationships in which the two parties engaged in consensual sex and were in a relationship. The ages of the person involved can result in criminal charges being filed, no matter how committed the two are to each other, or that the intimate relationship was consensual and real. Others may involve an adult who is accused of having preyed on a young person.

Wisconsin’s child abuse reporting statute is what pulls many of these cases into the system. Under § 48.981(2m)(d)3., a health care provider who would otherwise be excused from reporting sexual intercourse or sexual contact involving a child must report if there is reason to suspect “that the child, because of his or her age or immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact.”

Are you accused of sexual assault or sex with a minor? Regardless of your profession or the circumstances surrounding the relationship, if any, these criminal charges put you in great legal jeopardy. Your personal and professional reputation can be irreparably damaged; you could lose your freedom, for years in some cases; and a conviction means that you may be required to be listed on the Sex Offender Registry.

What To Do If You Are Charged With Sex With a Minor

Whether you were actually involved in a sexual act or a relationship with a minor or are falsely accused, you need legal representation immediately. The level of punishment that could be imposed will be life-changing. The criminal justice system is geared to convict, and innocence or mitigating factors are not enough to assume you will be exonerated. Your first action must be to get a lawyer to help you protect your rights.

Connect with a Cafferty, Scheidegger & Johnson attorney if you are hoping to avoid the consequences of a conviction. In the legal system, the outcome is never certain, but one certainty is that a high-quality defender is the most important aspect in how your case unfolds. Retaining a lawyer with the highest ratings possible on Avvo (10.0 Superb), from Martindale-Hubbell® (AV Preeminent®), and listed for 15 years as a Wisconsin Super Lawyer®, you can be confident your case will be in the hands of a true legal professional.

Call us now for help - we are ready to discuss your legal situation and seek any alternatives that could assist you in avoiding prison, fines and other repercussions. Our early involvement could be very important to your continued freedom, so connect with us immediately for help. We are ready to listen.

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Frequently Asked Questions

What is the age of consent in Wisconsin?
16. § 948.02(2) provides that 'whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.' Conduct with a child who has already turned 16 falls outside § 948.02, but it is not automatically lawful: § 948.09 makes sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 a Class A misdemeanor if the defendant has attained the age of 19. Wisconsin also has a limited close-in-age provision. Under § 948.093, an actor who has not attained the age of 19 commits only a Class A misdemeanor for sexual intercourse with a child who has attained 15, and § 948.02(2) states in terms that it 'does not apply if s. 948.093 applies.'
How long do you go to prison for sex with a minor in Wisconsin?
Depends on the victim's age and the nature of the contact. Sexual contact or intercourse with a person under 13 that causes great bodily harm, § 948.02(1)(am), is a Class A felony, and § 939.50(3)(a) sets the penalty for a Class A felony at life imprisonment. § 939.616(1g) bars the court from setting an extended-supervision eligibility date before the person has served 25 years of confinement. Sexual contact or intercourse with a person under 13 without that aggravator, § 948.02(1)(e), is a Class B felony, up to 60 years. Sexual intercourse with a person under 12, § 948.02(1)(b), and sexual intercourse with a person under 16 by use or threat of force or violence, § 948.02(1)(c), are Class B felonies that carry a 25-year mandatory minimum term of confinement under § 939.616(1r). Second-degree sexual assault of a child under 16, § 948.02(2), is a Class C felony, up to 40 years. Sexual intercourse with a child who has attained 16, § 948.09, is a Class A misdemeanor, up to 9 months.
What is the difference between first and second-degree child sexual assault?
First-degree under § 948.02(1) has five paragraphs: (am) contact or intercourse with a person under 13 causing great bodily harm, a Class A felony; (b) intercourse with a person under 12; (c) intercourse with a person under 16 by use or threat of force or violence; (d) contact with a person under 16 by use or threat of force or violence where the actor is at least 18; and (e) contact or intercourse with a person under 13. Paragraphs (b) through (e) are Class B felonies. Second-degree under § 948.02(2) covers contact or intercourse with a person under 16 without those aggravators and is a Class C felony with a 40-year maximum, except where § 948.093 applies. The victim's age at the time of the contact controls the charge tier. § 948.02 contains no dangerous-weapon or multiple-actor paragraph; those aggravators appear in the adult statute at § 940.225(1)(b) and (c).
Will a sex-with-a-minor conviction require sex offender registration?
Usually yes, and usually for life. A violation of § 948.02(1) or (2) is a 'sex offense' under § 301.45(1d)(b), and § 301.45(5)(b)1m. requires a person convicted of a violation of § 940.225(1) or (2), § 948.02(1) or (2), § 948.025, or § 948.085(2) to 'continue to comply with the requirements of this section until his or her death.' The 15-year periods in § 301.45(5)(a) apply only to registrable offenses that do not fall under § 301.45(5)(b). One narrow exception exists: under § 301.45(1m)(a)1m. a person need not register where the offense did not involve sexual intercourse by force or threat of force or a victim under 12, the actor had not attained 19 and was within four years of the child's age, and registration is not necessary in the interest of public protection. The registry collects name, identifying description, offense, addresses, employer, school, and internet identifiers under § 301.45(2)(a), but § 301.45(2)(a)6m. bars the department from placing internet identifiers on any registry the public may view, and § 301.45(2)(a)6m. sets the shorter list that actually appears on the public site. Knowingly failing to provide required information is a Class H felony under § 301.45(6)(a)1.
What does the State have to prove for sexual assault of a child?
Under § 948.02, the State must prove beyond a reasonable doubt: (1) the defendant had sexual contact (§ 948.01(5), intentional touching of intimate parts for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant) or sexual intercourse (§ 948.01(6)) with the alleged victim, and (2) the alleged victim was under the age set by the paragraph charged: under 13 for § 948.02(1)(am) and (1)(e), under 12 for § 948.02(1)(b), under 16 for § 948.02(1)(c) and (1)(d) where force or threat of force is alleged, and under 16 for § 948.02(2). Consent is not a defense, and under § 939.43(2) 'a mistake as to the age of a minor' is not a defense.
Is mistake-of-age a defense to sex with a minor in Wisconsin?
No. § 939.43(2) provides that 'a mistake as to the age of a minor or as to the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section is not a defense.' Wisconsin's child sexual assault statutes are strict liability as to age. § 948.02(4) is sometimes cited for a mistake-of-age defense, but it says nothing about age: it provides only that 'a defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.' The one reasonable-belief provision in this area is narrow and belongs to a different statute. § 948.075(2) provides that the computer-facilitation offense 'does not apply if, at the time of the communication, the actor reasonably believed that the age of the person to whom the communication was sent was no more than 24 months less than the age of the actor.'
Can a sexual assault of a child charge be reduced or dismissed?
Yes, in some cases. Common reduction paths include amendment from first-degree to second-degree based on the actual age of the victim at the time of the conduct, amendment from a § 948.02 charge to a lesser non-948 offense in cases where the State cannot prove the age element, amendment to § 948.09 (sexual intercourse with a child who has attained 16, a Class A misdemeanor, available only where the defendant has attained 19) when the ages support it, and pretrial dismissal when the State cannot meet its burden on contact or identity. Because § 301.45(5)(b)1m. attaches lifetime registration to both § 948.02(1) and § 948.02(2), the registration analysis does not improve by moving from first degree to second degree.
Should I talk to police if accused of sex with a minor?
No without a defense attorney present. Wisconsin child-sexual-assault investigations routinely use pretextual phone calls, which § 968.31(2)(b) and (c) permit where the interceptor 'is a party to the communication or where one of the parties to the communication has given prior consent to the interception,' along with recorded child-forensic interviews at child advocacy centers and aggressive investigative tactics. Anything you say comes in against you as a party admission under § 908.01(4)(b)1., and pre-counsel statements frequently become the most damaging evidence at trial. Say clearly that you are invoking your right to remain silent and that you want a lawyer, then stop talking.
What about Internet sex crimes against minors?
Use of a computer to facilitate a child sex crime under § 948.075(1r) is a Class C felony, up to 40 years. § 948.075(3) requires the State to prove an act other than the computer communication itself in order to prove the intent element. Child enticement under § 948.07 is a separate Class D felony, up to 25 years. Federal charges under 18 U.S.C. § 2422(b) are punishable by a fine and imprisonment of 'not less than 10 years or for life.' Sting operations using law-enforcement decoys are common, and Wisconsin's entrapment instruction was upheld in State v. Saternus, 127 Wis. 2d 460, 381 N.W.2d 290 (1986), so the defense is available where the evidence supports it.
How much does a Wisconsin sex-with-a-minor defense lawyer cost?
These engagements run as a tiered flat fee with separate trial-phase pricing because of the registration consequences, the sentencing exposure (life imprisonment for a Class A felony under § 948.02(1)(am)), and the typical need for defense experts (forensic interviewer review, sometimes a defense-retained child psychologist). The investment is small relative to a Class B felony sentence, lifetime registration under § 301.45(5)(b)1m., lifetime federal firearm prohibition, and immigration consequences as an aggravated felony under 8 U.S.C. § 1101(a)(43)(A), which lists 'murder, rape, or sexual abuse of a minor.'

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From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty, Scheidegger & Johnson defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

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The attorneys at Cafferty, Scheidegger & Johnson have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

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The dedication of the team at Cafferty, Scheidegger & Johnson to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Preeminent rating by Martindale-Hubbell. Cafferty, Scheidegger & Johnson is backed by more than 32 years of trial skills and courtroom experience.

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