My brothers girlfriend is 16 and he is 24, they have preestablished terms for being together that they would not do anything sexually oriented until she was at least 18 years old, which includes everything beyond holding each others hand. Is this illegal?
Criminal Defense Attorney
Here's the law:
The age of consent in Wisconsin is 18 and there is no close in age exception. There is, however, a marital exception which allows a person to have sex with a minor 16 or older if they are married to the minor. If the minor is below 16 both sexual intercourse and any sexual contact are a felony; sexual intercourse with a minor 16-17 by a perpetrator who is not married to the minor is a class a misdemeanor. However, Wisconsin has a child enticement law that prohibits people of any age from taking people under 18 to a private area such as a room and exposing a sex organ to them or having the minor expose their sex organ to them. This is a class B or C felony. 948.09 Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant’s spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor.
948.02 Sexual assault of a child. (...) (2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.
If the minor is below 16 marriage to the minor by the accused is not a defense.
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