New Wisconsin Law Creates Crime of Grooming a Child for Sexual Activity

Analysis of 2025 Wisconsin Act 88 (Assembly Bill 677)

Wisconsin has enacted a significant change to its criminal law involving offenses against children. 2025 Wisconsin Act 88, signed into law in March 2026, creates a new criminal offense for grooming a child for sexual activity and modifies several related areas of Wisconsin law governing sexual offenses and child protection.

The legislation expands the ability of prosecutors to bring criminal charges in situations where alleged conduct is intended to prepare a child for sexual activity, even when no physical sexual contact has occurred.

For individuals accused of offenses involving communication with minors or alleged sexual misconduct involving children, the new law substantially changes how certain conduct may be charged and prosecuted. Anyone facing allegations of this type should speak with an experienced criminal defense lawyer in Wisconsin as soon as possible.

What Is the New Wisconsin Grooming Law?

Under 2025 Wisconsin Act 88, Wisconsin law now recognizes grooming a child for sexual activity as its own criminal offense.

In general terms, grooming refers to conduct intended to build trust, establish influence, or manipulate a child in preparation for sexual activity. The statute targets behavior designed to facilitate future sexual exploitation and allows criminal charges even when no physical sexual contact has yet occurred.

The creation of this offense reflects a legislative effort to address conduct that may occur well before sexual abuse takes place, focusing instead on preparatory actions directed toward a minor.

Creation of a New Crime: Grooming a Child for Sexual Activity

The centerpiece of Act 88 is the creation of a new criminal offense addressing grooming behavior directed toward a child.

Prior to this law, Wisconsin statutes did not contain a specific crime labeled “grooming.” Instead, prosecutors often relied on other criminal statutes to address similar conduct.

The new law creates a stand-alone offense specifically focused on grooming behavior, allowing prosecutors to charge preparatory conduct that may previously have been addressed indirectly under other statutes.

Grooming Allegations Previously Charged Under Other Statutes

Before the passage of 2025 Wisconsin Act 88, Wisconsin law did not contain a specific criminal offense for grooming a child. However, prosecutors have long relied on other statutes to address conduct they believed was intended to facilitate sexual activity with a minor.

Depending on the circumstances, alleged grooming conduct might previously have been charged as:

• Child enticement
• Using a computer to facilitate a child sex crime
• Exposing a child to harmful material
• Attempted sexual assault of a child

Act 88 creates a stand-alone offense that specifically targets preparatory conduct designed to establish trust with a child or reduce resistance to sexual activity.

As a result, prosecutors may now bring criminal charges in cases where the alleged conduct previously might not have fit neatly within existing statutes.

Penalty for Grooming a Child in Wisconsin

Under 2025 Wisconsin Act 88, grooming a child for sexual activity is classified as a Class D felony under Wisconsin law.

A Class D felony carries a maximum penalty of:

• Up to 25 years imprisonment
  • Up to 15 years of initial confinement
  • Up to 10 years of extended supervision
• Up to a $100,000 fine

The legislature placed the offense among the more serious felony classifications in Wisconsin criminal law, reflecting the intent to address conduct designed to facilitate sexual exploitation of children before sexual contact occurs.

Consent Is Not a Defense to Grooming

One notable provision of the law is that consent is not a defense to the crime of grooming.

Even if a child appears to participate willingly in communication or interaction with an adult, the statute makes clear that consent cannot be used to justify conduct intended to facilitate sexual activity with a minor.

This provision reflects longstanding principles in Wisconsin law recognizing that minors cannot legally consent to sexual exploitation.

Extended Statute of Limitations

Act 88 also modifies Wisconsin’s statute of limitations for certain crimes involving children.

The new grooming offense has been added to the list of crimes for which prosecution may be brought until the victim reaches the age of 45.

This means allegations involving grooming may be reported and prosecuted many years after the alleged conduct occurred, similar to other serious offenses involving sexual exploitation of minors.

Grooming Added to Definition of “Abuse” Under the Children’s Code

The law also expands the definition of “abuse” in Wisconsin’s Children’s Code to include grooming conduct.

This change has implications beyond criminal prosecutions. Allegations of grooming may now also trigger:

• Child Protective Services investigations
• mandatory reporting obligations
• juvenile court proceedings related to child welfare

In some cases, the same allegations could therefore lead to both criminal charges and child protection proceedings.

Changes to Sexual Misconduct Laws Involving School Staff

Act 88 also modifies the existing statute addressing sexual misconduct by school staff members or volunteers.

Previously, the statute applied to misconduct involving a student at the specific school where the staff member worked or volunteered. The new law clarifies that the offense applies to any pupil enrolled in a school in Wisconsin, regardless of whether the student attends the same school as the accused staff member.

This change broadens the reach of the statute and allows prosecutors to pursue charges in cases involving students from different schools across the state.

Key Takeaways from Wisconsin Act 88

2025 Wisconsin Act 88 makes several important changes to Wisconsin law involving offenses against children.

The most significant changes include:

• Wisconsin law now recognizes grooming a child for sexual activity as a distinct criminal offense.
• The offense is classified as a Class D felony, carrying a maximum penalty of 25 years imprisonment.
• The statute explicitly provides that consent is not a defense to the crime of grooming.
• The offense has been added to the list of crimes that may be prosecuted until the alleged victim reaches age 45.
• Grooming conduct is now included within the definition of “abuse” under Wisconsin’s Children’s Code, potentially triggering child welfare investigations.
• The law also expands the scope of sexual misconduct by school staff to include misconduct involving any pupil enrolled in a Wisconsin school.

Together, these changes reflect the legislature’s effort to address conduct that may occur before sexual abuse takes place, focusing on behavior intended to prepare a child for sexual exploitation.

What This Law Means Going Forward

The creation of a specific grooming offense gives prosecutors a new tool for addressing conduct directed toward minors that may previously have been investigated under other statutes.

Because the law targets preparatory conduct, cases may arise from allegations involving communication, online interaction, or other behavior that prosecutors claim was intended to facilitate sexual activity with a child.

As courts begin interpreting the new statute, future cases will likely clarify how Wisconsin law defines grooming behavior and how the offense is applied in practice.