Legal Question in Criminal Law in Wisconsin
I live in Wisconsin. I am 19 and my boyfriend is 16. We are expecting a baby. What legal actions/consequences could there be? Would it make a difference if we were married?
1 Answer from Attorneys
Anyone in WI who has consensual sex while under the age of 18 and not legally married to the other participant is automatically the victim of a misdemeanor crime, and of a major felony if the victim is under age 16 (regardless of a parent's age when the baby finally arrives). This age restriction applies equally to both boys and girls so have a big potential legal problem here if your boyfriend is underage and definitely need the services of an experienced criminal lawyer. Legal marriage, which would require parental consent at age 16, might very well make a difference to the authorities if they eventually found out about this. Paternity testing or the naming of a minor father might trigger such an investigation, since medical authorities are mandatory reporters under WI sex crimes laws. although lawyers are not. Lawyers, on the are hand are required to maintain client confidence for any past crime upon which a person seeks legal advice. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications or to make arrangements to retain me. Otherwise, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com. View over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials.