Statutory rape involves any form of sexual contact which occurs between a legal adult and a legal minor. When a legal adult is engaging in sexual relations with a legal minor, that legal adult is committing statutory rape.
Perhaps you’ve been charged with statutory rape in the Milwaukee area? Maybe you’re trying to gain an understanding of what you’re up against? If so, this article should be of use to you.
Here are the repercussions of statutory rape in Milwaukee.
Forms of Statutory Rape
In the State of Wisconsin, sexual assault comes in three primary types. Each type of sexual assault carries different penalties. Read about these penalties below.
Sexual Activity with a Child of 16 and Older
In the State of Wisconsin, the age of consent as it pertains to sex is 18. Therefore, if you’re 18 or older, engaging in sexual relations with someone under the age of 18 is considered a crime.
It should be noted, however, that the exact age of the minor will affect what type of charges are levied against the offender. If the minor is between the ages of 16 and 18, he or she is still unable to legally grant consent. While it’s illegal for an adult to have sex with someone of this age, it’s not considered to be as serious as an adult having sex with a child under the age of 16.
Engaging in sexual relations with a minor in this age bracket is punishable only by a misdemeanor. At most, you’ll be punished by 9 months in prison and $10,000 in fines.
The only exception to this law is marriage. Legal adults are allowed to be married to minors of at least 16 years of age.
First Degree Sexual Assault of a Child
The most serious type of statutory rape in Wisconsin is first degree sexual assault of a child. This takes place when anyone, regardless of his or her age, has sex with a minor under the age of 13.
All sexual acts which fall into this category are punishable by a Class B Felony. However, the more extreme the act is, the harsher the punishment will typically be.
A Class B Felony is punishable by up to 60 years in prison. Some of the factors which will affect the length of punishment are the age of the offender, the age of the offended, and the manner of the offense.
Second Degree Sexual Assault of a Child
One last form of statutory rape in Milwaukee is second degree sexual assault of a child. This includes any situation in which a person has sexual relations with a minor between the ages of 13 and 15.
While this offense isn’t punished as harshly as first degree sexual assault of a child, it is still a very serious offense. In fact, it’s still considered a felony—a Class C Felony, in particular.
Such a felony is punishable by up to 40 years in prison, and by up to $100,000 in fines. Again, the exact nature of the offense will have a large impact on the punishment which is administered.
Have You Been Charged with Statutory Rape in Milwaukee?
Have you been charged with statutory rape in Milwaukee? If so, you’re facing some serious charges. It’s recommended that you establish a solid legal defense. Looking for a Milwaukee defense attorney to defend you against statutory rape charges? Hartley Pecora Law Offices can help.
Our team of seasoned attorneys has defended clients in a variety of statutory rape cases. Our goal to discover the truth and, if necessary, minimize our clients’ penalties as much as legally possible.
Contact us today. We are available 24/7!
Sexual assault is a crime which occurs in a number of different severities. Not all sexual assaults are created equally. Though all sexual assaults cause harm of some kind, some sexual assaults are especially heinous.
If you’re reading this, there’s a likelihood that you’ve been charged with sexual assault in Milwaukee. Perhaps you’re hoping to get an idea of what you’re up against? If so, you’re in the right place.
Let’s discuss the different levels of sexual assault in Milwaukee.
Levels of Sexual Assault in Milwaukee
All forms of sexual assault involve a perpetrator committing uninvited sexual acts upon a non-consenting victim. The severity of a sexual assault charge is affected by factors such as injury infliction and degradation, to name just a few.
1st Degree Sexual Assault
A sexual assault which results in serious injury or unwanted pregnancy is a 1st degree sexual assault. Assaults such as these are typically accompanied by extreme violence. Using threats of violence to commit sexual assault is also often considered 1st degree sexual assault.
If you commit 1st degree sexual assault, you are committing either a Class A or a Class B Felony. When committed against an adult, a 1st degree charge can have consequences of up to 60 years in prison. When committed against a child under 13, this charge can have consequences of up to life in prison.
2nd Degree Sexual Assault
2nd degree sexual assault is a form of sexual assault which involves using someone’s vulnerability in order to commit sexual acts upon them. There are a number of different cases which could be considered 2nd degree assault. Having sex with a mentally impaired or disoriented person is a common form.
Those who commit 2nd degree sexual assault in Wisconsin can see penalties of up to 40 years in prison with fines of up to $100,000. This form of sexual assault is considered a Class C Felony.
3rd Degree Sexual Assault
3rd degree sexual assault is a form of sexual assault which involves degrading or humiliating the victim. Anyone who places ejaculate, feces, or urine upon a victim against his or her will is committing 3rd degree sexual assault.
In the state of Wisconsin, 3rd degree sexual assault is considered a Class G Felony. These felonies are punishable by up to 10 years in prison, and by up to $25,000 in fines. This form of sexual assault will also land you on the sex offender registry.
4th Degree Sexual Assault
The least severe form of sexual assault in Milwaukee is 4th degree sexual assault. This is a form of sexual assault which involves the perpetrator groping the genitals of the victim without his or her consent. Regardless of whether the victim is groped over or under clothes, assault has still been committed.
4th degree sexual assault is a Class A Misdemeanor in the state of Wisconsin. Class A Misdemeanors are punishable by up to 9 months in prison, and by fines of up to $10,000. There is a chance that this crime could also land you on the sex offender registry.
Hire a Reputable Attorney to Defend Yourself
Regardless of the severity of the charges levied against you, you’ve got a very serious court case ahead of you. If you want to beat your charges, or, at the very least, minimize them, you’re going to need a solid defense attorney on your side.
Hartley Pecora has defended numerous clients against charges of sexual assault in Milwaukee. We will help to strengthen your defense, giving you your best shot in court.
Contact us 24/7 for assistance now 414.383.3004.
Whether you’re in Wisconsin or any other state, sexual assault is a serious offense. Because it’s a serious offense, it comes with serious penalties.
Sexual assault cases are not created equally. Different sexual acts are hit with different levels of charges. In Wisconsin, there are four forms of sexual assault: first degree, second degree, third degree, and fourth degree.
Have you been charged with sexual assault in Wisconsin? Here is everything you need to know about it.
Forms of Sexual Assault in Wisconsin:
First Degree Sexual Assault
The most serious form of sexual assault in the state of Wisconsin is first degree sexual assault. This form of sexual assault involves any unwanted sexual contact which results in serious injury or pregnancy. This type of sexual assault is often accompanied with the use of a deadly weapon.
The penalty for first degree sexual assault is either a Class A or Class B felony. A Class A felony is punishable by up to life in prison. This punishment is typically reserved for those who sexually and violently assault a child under the age of 13.
A Class B felony is punishable by up to 60 years in prison. This punishment is typically reserved for those who commit violent and sexual assault against an adult.
Second Degree Sexual Assault
Second degree sexual assault is a form of sexual assault which includes threats with a deadly weapon. Typically, the weapon is used as a way of coercing the offended party to have sex with the offender.
A person can also be charged with second degree sexual assault if he or she uses a position of power to perpetrate the offense.
In Wisconsin, second degree sexual assault is considered a Class C felony. A Class C felony is punishable by up to 40 years in prison. This penalty is levied regardless of whether a child or adult is assaulted.
Third Degree Sexual Assault
While third degree sexual assault isn’t quite as serious as first and second degree sexual assault, it’s still a very serious offense. Third degree sexual assault includes any situation in which an offender ejaculates, urinates, or defecates on a person as a means of sexual humiliation.
Third degree sexual assault is considered a Class G felony in the state of Wisconsin. It is punishable by up to 10 years in prison, and by fines of up to $25,000. It will also land perpetrators on the sex offender registry.
Fourth Degree Sexual Assault
The least heinous (yet still very serious) form of sexual assault is fourth degree sexual assault. This form of sexual assault includes any situation in which a perpetrator gropes or fondles a non-consenting individual. It doesn’t matter whether the assaulted individual is touched under or over clothing.
In the state of Wisconsin, fourth degree sexual assault is considered a Class A misdemeanor. A Class A misdemeanor is punishable by up to 9 months in prison, and by up to $10,000 in fines. Again, even for minor cases such as these, offenders can end up on the sex offender registry.
Hire a Reputable Defense Lawyer
If you’ve been charged with sexual assault, it’s highly recommended that you hire a defense lawyer. These charges are very serious, and can result in lengthy prison sentences.
If you’re looking for a reputable defense lawyer in the Milwaukee area, Hartley Pecora has got you covered. Our team of seasoned attorneys has defended clients in a bevy of sexual assault cases, and is well-equipped to defend you.
Contact us now—we are available 24/7.
It’s a serious matter everywhere, and here is no exception. Possession of child pornography is a very extreme charge in the state of Wisconsin. If you’re found guilty of this crime, you could be looking at harsh punishments which include fines, jail time, and registry on the sex offenders list.
In essence, this is a crime that you want to avoid.
But what exactly is considered to be possession of child pornography in Wisconsin? Let’s get into it.
What is Considered to Be Child Pornography in Wisconsin?
Child pornography essentially includes of any piece of media which contains sexually explicit images of children under the age of 18. Sexually explicit, in this case, involves everything from beastiality, to sexual intercourse, to exposed intimate body parts, to masturbation, to sexual masochism, sadism, and bondage.
In essence, any image which contains a minor individual, and which is designed to give sexual gratification to its viewer is considered child pornography. It doesn’t matter whether the child in the media is 7 or 17.
VideoWhile many think of child pornography as something being produced in a dark basement with children who are being forced into it against their will, there is much more to it than that.
With the existence of Snapchat and text, sexting has become a very popular practice. This practice has caused a handful of minors to produce sexually explicit videos of themselves performing and engaging in sexual acts. To put it simply, this material is child pornography.
Anyone who is in possession of this material, whether it be in hard copy, on a phone, or on a computer, is technically guilty of child pornography possession.
If you were sent sexually explicit videos of a minor without your permission, it is your responsibility to notify the authorities. Failure to do so will lump you in with other guilty parties.
Perhaps the more common form of child pornography is the photograph. Sexting and internet forums have created an atmosphere where the production of these images is commonplace.
If you’re caught with an image of a child engaged in sexually explicit activity, you will be charged with possession of child pornography.
Again, if you come across images such as these, your best bet is to report them. Having them saved on your phone or computer will incriminate you regardless of whether you look at the photos or not.
Penalties for Possession of Child Pornography in Wisconsin
Regardless of what your age is, possession of child pornography is a crime in the state of Wisconsin. It doesn’t matter whether you’re 15 or 45.
However, there is some differentiation in punishment based on your age.
Adults who are found guilty of child pornography possession will receive a class D felony. This is punishable by up to 25 years in prison, and by fines of up to $100,000. In addition, the guilty party will be forced to appear on the sex offender registry.
Minors who are guilty of possession of child pornography will receive a class I felony. This is punishable by up to 3 years and 6 months in prison, and by fines of up to $10,000. Minors may also appear on the sex offender registry.
Charged With Possession of Child Pornography in Wisconsin?
Not everyone who’s charged with possession of child pornography is actually guilty of possession. It is possible for lewd images and videos to make their way into your legal possession without your knowledge.
Nonetheless, child pornography charges are serious charges and are not something which are always easy to beat. If you want to stand the absolute best chance in court, you’re going to need a top-notch legal defense.
Where can you find that legal defense? Right here with Hartley Pecora.
Contact us today for a free consultation!
Statutory rape is considered to be sexual activity with a person who is not old enough to legally consent.
Regardless of which state you live in, statutory rape is a crime. However, not every state considers the same acts to be statutory rape, and not every state punishes statutory rape in the same ways.
In this article, we’ll discuss statutory rape in Wisconsin; what it consists of; what its punishments are; and everything else that has to do with it.
Types of Statutory Rape in Wisconsin
Sex with a Child of 16 or Older
In the state of Wisconsin, the minimum age of sexual consent is 18. This means that anyone of 18 years of age or older having sexual relations with someone under 18 is committing a crime.
However, not everyone under the age of 18 is considered the same when it comes to statutory rape.
Having sex with someone between the ages of 16 and 18 is technically a crime, but is not considered as serious as having sex with someone under the age of 16. In fact, in Wisconsin, it’s considered only a misdemeanor.
This isn’t to say that it can’t carry some harsh punishments. If you’re found guilty of this crime, you can serve up to 9 months in jail, and owe up to $10,000 in fines.
The only exception to this law is when the adult is married to the underage individual. An adult can be legally married to, and have sexual relations with someone as young as 16 in the state of Wisconsin.
Sexual Assault of a Child – Second Degree
The next severity level as it pertains to statutory rape in the state of Wisconsin is having sex with a minor between the ages of 13 and 15 years old.
The age of the accused has no effect on the enforcing of this law. Even a 16-year-old can be charged with second degree sexual assault of a child in Wisconsin.
If you commit this crime, you are technically committing a felony; a class C felony, to be exact. In the state of Wisconsin, a class C felony is punishable by up to 40 years in prison, and by up to $100,000 in fines.
Sexual Assault of a Child – First Degree
In Wisconsin, the most severe form of statutory rape is sexual activity with a minor under the age of 13.
Again, the age of the accused has no effect on the enforcement of this law. Even a 14-year-old can be charged with first degree sexual assault of a child.
Sexual activity, in this particular case, can involve acts which do and don’t involve penetration. However, the more egregious offenses are typically punished more harshly.
If you’re guilty of this crime, you’ve committed a class B felony. This type of felony can be punished by upwards of 60 years in prison.
Important Things to Note About Statutory Rape in Wisconsin
In Wisconsin, when it comes to this law, there isn’t a lot of wiggle room. For instance, you can’t claim that you were unaware of the age of the person you were having sex with. This argument will not stand up in a Wisconsin court of law.
Relationships are also no excuse for statutory rape. For example, an 18-year-old having sex with a 16-year-old that he or she is in a relationship with is still technically committing statutory rape. This differs from some states where such practices are legally allowed.
Charged With Statutory Rape in Wisconsin?
Have you been charged with statutory rape in Wisconsin? If so, you’re facing some harsh punishments. This is not something that you should take lightly. You’re going to need an experienced and professional legal defense.
Fortunately, you’ve found it: Hartley Pecora Law Offices. Our team of lawyers has decades of experience in defending clients against statutory rape charges. We’re more than prepared to defend you.
Contact us today to set up a free consultation!
With the invention of texting came the invention of sexting; the activity in which two individuals text sexually explicit photos or messages to each other in order to gain sexual gratification.
This activity, when carried out between consenting adults, is completely within the bounds of legal communication. But when carried out between an adult and a minor, or between two minors, these bounds are overstepped.
To put it simply, in Wisconsin (and everywhere else, for that matter), sexting with a minor is illegal. Here is what you need to know about sexting minors in Wisconsin.
Minor Sexting Offenses in WisconsinViewing a Sexually Explicit Image of a Minor
The first type of sexting offense is viewing a sexually explicit image of a minor. If you have knowingly looked at an image or video of a child engaged in sexual activity, you are technically guilty of a crime.
This is so regardless of what your age is. It doesn’t matter whether you’re 62 or 14. An image of a child engaged in a sexual act is considered child pornography. Viewing it carries the same penalties that a possession of child pornography charge would carry.
If you are sent an image or video against your will, it is your responsibility to report it to the authorities.
Causing a Minor to View a Sexually Explicit Image
Another illegal act in the state of Wisconsin is to show a sexually explicit image to a minor. It doesn’t matter how old the person or people in the photo are. Forcibly showing such an image to a minor is a crime.
This means that it is illegal for an adult to send to a child a photo or video of him or herself engaging in a sexual activity. Even accidentally sending such an image can result in a charge.
So, if you’re going to sext, be very careful about who you’re sending your message to.
Distributing an Image of a Minor Engaging in Sexually Explicit Activity
If you happen to have come across an image or video of a minor engaged in sexual activity, it is your responsibility to notify authorities. What you definitely don’t want to do is the exact opposite. Which is to say, you don’t want to spread that photo or video around to other people.
Distributing an image or video of a minor participating in sexual activity is a very serious crime; much more serious than just possessing said picture.
Again, it doesn’t matter how old you are. Committing this crime can land you in some very serious legal trouble.
Penalties for Sexting Minors in Wisconsin
Sexting with a minor is an offense which falls under child pornography statutes. For this reason, sexting with a minor is penalized in the same way that possessing child pornography is.
Adults who are guilty of any of the above crimes will receive a class D felony. A class D is punishable by up to 25 years in prison, and by up to $100,000 fines.
Minors who are guilty of any of the above crimes will receive a class I felony. A class I is punishable by up to 3 years and 6 months in prison, and by fines of up to $10,00.
Also, both adults and minors may be forced onto the sex offender registry. In essence, these crimes carry with them some very heavy punishments.
Charged with Sexting Minors in Wisconsin?
If you’ve been charged with any of the crimes reviewed above, you’ve got a very serious legal battle ahead of you. Sexting charges such as these can not only result in fines and jail time, but can put you on the sex offender registry as well.
In order to give yourself the best possible chance in court, you’re going to need an experienced legal defense. Live in the Milwaukee area? If so, we here at Hartley Pecora Law Offices are that legal defense.
Contact us today for a free consultation!
As with every state in the United States, sexual assault in Wisconsin is a very serious matter. If you’ve been charged with it, you’re in for an uphill battle.
While all forms of sexual assault are punished fairly harshly, not all forms of sexual assault are punished in the same ways. Your sentence is typically dictated by the severity and manner of the sexual assault.
So, what are the typical penalties for different types of sexual assault in Wisconsin? Read on to find out.
Types of Sexual Assault in Wisconsin
First degree sexual assault is the most severe type of sexual assault, and carries with it the harshest overall penalties of all sexual assault types.
This type of sexual assault includes any form of unwanted oral, vaginal, or anal penetration which results in serious injury or pregnancy as it pertains to the assaulted party. First degree sexual assault is often characterized by physical violence, or at the very least, threats of physical violence.
First degree sexual assault is considered either a Class A or Class B felony. If the assault is committed on a child of 13 years of age or younger, it can result in imprisonment for life. If the assault is committed against an adult, it can result in up to 60 years of imprisonment.
Second degree sexual assault encapsulates a number of different sexual activities, including sexual contact with a mentally-impaired or intoxicated person. It also involves those who use their positions of power to coerce vulnerable people into sexual relations.
This type of sexual assault also covers cases where minor violence or threats of minor violence are used to intimidate the assaulted individual. Additionally, it covers any case in which a legal adult has sexual relations with someone under the age of 16.
Second degree sexual assault of either a child or adult can yield up to 40 years of imprisonment. It can also result in a fine of up to $100,000.00.
Third degree sexual assault involves any form of sexual touching (intercourse or otherwise) in which the assaulter urinates, ejaculates, or places excrement on the assaulted person against that person’s will. It must, however, be noted that the act has to be done in an attempt to degrade or humiliate the assaulted individual.
This form of sexual assault isn’t seen as being as extreme as more heinous forms of sexual assault, but is still punished quite harshly. If you’re proven guilty of third degree sexual assault, you can be punished with a fine of up to $25,000, and with prison time of up to 10 years.
Fourth degree sexual assault involves any form of touching in an attempt to humiliate or degrade the assaulted party. The groping of the genitals or of other protected body parts is most typically considered fourth degree sexual assault.
Charges can be brought up against someone whether they’re touching the body part directly or through clothing.
Those who are guilty of fourth degree sexual assault can face up to 9 months in prison, and can also face a fine of up to $10,000. In addition, they will likely also be put on the national sex offender registry.
Have You Been Charged with Sexual Assault in Wisconsin?
If you’ve been charged with sexual assault in the state of Wisconsin, you’re facing some very serious legal consequences. For this reason, you need a staunch legal defense.
Live in the Milwaukee area? If so, we here at Hartley Pecora are exactly who you need to turn to. With years of experience on our side, we know the ins and outs of sexual assault law, and will fight to give you as light a sentence as possible.
Schedule your complimentary consultation today!
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