Legal Question in Criminal Law in Wisconsin
What are the legal consequences of two minors (same age 13 � 15) engaging in consensual oral sex in Wisconsin?
1 Answer from Attorneys
Both minors would technically be guilty of a class B felony, punishable by up to 20 years in prison, if they were convicted of having consensual sex with one another under WI law. Consent is not a defense to any accusation of sex with minors (even for other minors) since minors are not legally capable of it as a matter of law. However, unless the case (or prior record) was aggravated, the minors would likely remain in juvenile court where they would be exposed to a maximum of incarceration at a juvenile institution until their 19th birthdays. Other possible dispositions in juvenile court include county jail time and court supervision. In other words, it is impossible for me to even guess what the consequences would be without detailed knowledge about the case and the involved minors. If you or a family member is faced with this situation, it is critical that you immediately consult with an experienced criminal lawyer. My comments here are not legal advice unless you retain me and revisit this issue.
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