Legal Question in Criminal Law in Wisconsin

AOC with someone out of state.

A sixteen year old resident of Georgia wants to have consensual sex with me. I am twenty years old and am a resident of Wisconsin. What is/isn't illegal with this situation?


Asked on 6/28/06, 11:52 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: AOC with someone out of state.

Sex with a minor who is not lawfully your spouse is a crime in Wisconsin. It is a major felony if the "victim" is younger than age sixteen, and usually is a misdemeanor for persons between 16 and 18, subjecting the defendant to up to nine months in jail for each sex act as well as a $10K fine. The exception would be for a 16 or 17 year old victim deemed to be vulnerable, such as an intoxicated or mentally disabled victim, which then becomes a felony. Consent is not an issue for any of these offense, nor is ignorance of the victim's age, although both can be argued at sentencing. One odd result of this law is that if minors have consensual sex with one another, both are technically guilty of a crime.

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Answered on 7/05/06, 8:35 am


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