Second-Degree Sexual Assault of a Child Lawyer in Wisconsin

Charged with second-degree sexual assault of a child in Wisconsin? This is a serious felony offense that can carry significant penalties and long-term consequences. Contact our office today to schedule a free, confidential consultation.

(608) 250-3500

What the Law Says About Second Degree Sexual Assault of a Child

Second-degree sexual assault of a child is defined under Wis. Stat. § 948.02(2) and applies when a person has sexual contact or sexual intercourse with a child who has not attained the age of 16 years. The offense is classified as a Class C felony, regardless of whether force is alleged, and focuses solely on the age of the child and the nature of the conduct.

Unlike first-degree sexual assault of a child, second-degree charges do not require proof of force, violence, or bodily harm. Consent is not a defense, and the State is not required to prove that the defendant knew the child’s age. The statute also expressly excludes cases where Wis. Stat. § 948.093 applies, which governs certain underage sexual activity involving defendants under the age of 19.

Chirafisi Anderson, S.C. represents individuals facing second-degree sexual assault of a child charges by closely examining whether the State can prove each required element and whether statutory exclusions or factual defenses apply. Early review of the allegations, the ages involved, and the circumstances surrounding the investigation is often critical to determining whether the charge is legally and factually sustainable.

Key Points About Second-Degree Sexual Assault of a Child

  • Second-degree sexual assault of a child under Wis. Stat. § 948.02(2) is an age-based offense involving sexual contact or sexual intercourse with a child under 16.
  • The State is not required to prove force, lack of consent, or knowledge of the child’s age.
  • The charge is a Class C felony, but the long-term consequences can be severe.
  • Certain cases are excluded if Wis. Stat. § 948.093 applies, depending on the ages involved.

What the State Must Prove to Convict on Second-Degree Sexual Assault of a Child in Wisconsin

To convict a person of second-degree sexual assault of a child under Wis. Stat. § 948.02(2), the State must prove the following elements beyond a reasonable doubt, as set forth in Wis JI–Criminal 2104:

  • The defendant had sexual contact or sexual intercourse with the alleged victim.
  • The alleged victim was under the age of 16 years at the time of the sexual contact or sexual intercourse.

Each element must be proven unanimously by the jury. If the State fails to prove either element beyond a reasonable doubt, the jury must return a not-guilty verdict.

Second Degree Sexual Assault of a Child Attorney in Wisconsin Free Consultations
REQUEST A FREE AND CONFIDENTIAL CONSULTATION
New Website Intake

Penalties and Sentencing Exposure for Second-Degree Sexual Assault of a Child

Although second-degree sexual assault of a child does not carry mandatory minimum confinement, the potential penalties remain significant and are set by statute and is a Class C felony.

A conviction may result in:

  • Up to 40 years in prison
  • Up to $100,000 fine plus court costs.
  • Extended supervision following any term of confinement
  • Mandatory sex offender registration

Judicial Sentencing Considerations

Although second-degree sexual assault of a child does not carry a mandatory minimum sentence, courts retain broad discretion in determining the length and structure of any sentence imposed. Judges consider factors such as the ages involved, the nature of the alleged conduct, the defendant’s background, and the circumstances of the investigation when assessing sentencing exposure. As a result, outcomes can vary significantly depending on how the case is charged, litigated, and resolved.

Common Scenarios Leading to Second-Degree Sexual Assault of a Child Charges

Second-degree sexual assault of a child charges often arise in a limited set of factual contexts, most commonly driven by age-based allegations rather than claims of force or violence.

  • Allegations involving consensual sexual contact or intercourse where the alleged victim is under the age of 16.
  • Cases arising from relationships between teenagers or young adults where age differences become legally significant.
  • Investigations initiated after disclosures to parents, school officials, counselors, or medical providers, triggering mandatory reporting.
  • Charges based primarily on statements rather than physical or forensic evidence.
  • Situations where law enforcement becomes involved after family disputes, school discipline issues, or third-party reports.

While the underlying facts vary, second-degree sexual assault of a child charges are often driven by age thresholds rather than allegations of force or violence. Careful examination of the ages involved, how the allegations were reported, and whether statutory exclusions apply is frequently critical to assessing the strength of the State’s case.

Defenses and Legal Strategies for Second-Degree Sexual Assault of a Child

Second-degree sexual assault of a child cases are defined by narrow statutory elements, which makes careful analysis of the evidence and charging decision critical. Because the offense is age-based and often relies on statements rather than physical evidence, these cases frequently turn on whether the State can reliably prove each required element beyond a reasonable doubt and whether statutory exclusions apply.

  • Failure to prove the required elements – The State must prove both sexual contact or intercourse and that the alleged victim was under the age of 16 at the time of the conduct; failure on either element requires acquittal.
  • Credibility and reliability of statements – Many cases depend on statements from the alleged victim or third parties, which may contain inconsistencies, omissions, or external influences.
  • Lack of corroborating evidence – The absence of physical, medical, or forensic evidence can be significant where the State’s case rests primarily on allegations.
  • Applicability of Wis. Stat. § 948.093 – Certain cases involving defendants under the age of 19 may fall outside § 948.02(2), depending on the ages involved and the evidence presented.
  • Charging and overcharging issues – Not every allegation involving a minor meets the statutory definition of second-degree sexual assault of a child, and charging decisions can be challenged when the facts do not support the offense.
  • Constitutional and procedural defenses – Statements, searches, or evidence obtained in violation of constitutional protections may be subject to suppression.

Second-degree sexual assault of a child charges hinge on narrow statutory elements and age-based thresholds, making early and careful evaluation of the evidence and charging theory critical to an effective defense.

Why Hiring a Second-Degree Sexual Assault of a Child Defense Lawyer Matters

Facing a second-degree sexual assault of a child charge exposes an individual to serious felony consequences and long-term collateral effects that extend well beyond any sentence imposed. These cases are often prosecuted aggressively despite narrow statutory elements and frequently rely on statements rather than physical evidence. Early, informed legal representation plays a critical role in evaluating whether the State can meet its burden and whether statutory exclusions or factual defenses apply. Strategic decisions made at the outset of the case can significantly influence how the matter proceeds and is ultimately resolved.

Proven Criminal Defense Experience. Second-degree sexual assault of a child cases require attorneys who routinely handle serious felony matters and understand how these charges are prosecuted in Wisconsin courts. Experience with age-based offenses and high-stakes criminal litigation is critical when the consequences extend well beyond incarceration.

Focused, High-Level Case Evaluation. Every second-degree child sexual assault case presents unique factual and legal considerations that must be evaluated early and carefully. The firm’s approach emphasizes disciplined review of charging decisions, evidence, and statutory requirements to ensure the case is positioned appropriately from the outset.

Wisconsin Court and Prosecutorial Familiarity. Local practices, charging tendencies, and judicial expectations often influence how these cases progress. Familiarity with Wisconsin courts and prosecutors allows the firm to anticipate procedural issues, evaluate risk accurately, and guide clients through each stage of the case with clarity.

View Criminal Case Results from the Attorneys at Chirafisi Anderson, S.C.

Talk to a Second-Degree Sexual Assault of a Child Defense Lawyer Today

A second-degree sexual assault of a child charge can carry serious felony penalties and long-term consequences that affect every aspect of a person’s life. If you are under investigation or have been charged, it is critical to understand your legal position as early as possible. Contact our office today to schedule a free, confidential consultation and discuss your options.

(608) 250-3500 Schedule a Free Consultation

Frequently Asked Questions About Second-Degree Sexual Assault of a Child in Wisconsin

Yes. Second-degree sexual assault of a child under Wis. Stat. § 948.02(2) is classified as a Class C felony

No. Force and lack of consent are not elements of second-degree sexual assault of a child. The offense is based on the age of the child and the alleged conduct.

No. Mistake or lack of knowledge regarding the child’s age is not a defense under Wisconsin law.

Yes. Consent is not a defense to second-degree sexual assault of a child if the alleged victim is under the age of 16.

Yes. Wis. Stat. § 948.02(2) does not apply if Wis. Stat. § 948.093 governs the conduct, which may apply in certain underage sexual activity cases depending on the ages involved.