Sexual Assault Laws In Wisconsin: Understanding Third Degree

what constitutes third degree sexual assault in wisconsin

Third-degree sexual assault in Wisconsin is a serious felony. It involves non-consensual sexual intercourse without the aggravating circumstances of first and second-degree sexual assault. First-degree sexual assault involves non-consensual sexual intercourse that results in pregnancy or great bodily harm, or the use of a weapon. Second-degree sexual assault involves non-consensual sexual intercourse with the use or threat of force or violence, or causes injury, illness, disease, or impairment of a sexual or reproductive organ. Third-degree sexual assault is punishable by up to 10 years in prison and a fine of up to $25,000.

Characteristics Values
Degree of severity Third-degree sexual assault is considered less severe than first- or second-degree
Type of felony Class G felony
Punishment Up to $25,000 fine and up to 10 years in prison
Definition "Any other non-consensual sex" meaning non-consensual sex that is not defined by first- or second-degree sexual assault
Exclusions Acts of violence that cause bodily injury, non-consensual sex that results in pregnancy, and any sexual contact with minors
Inclusions Ejaculating, urinating, or defecating on someone
Sexual intercourse Any intrusion, no matter how slight, of any part of a person’s body or of any object, in the genital or anal opening of another
Sexual contact Requires intentional penile ejaculation of ejaculate or emission or urine or feces by the defendant upon any part of the clothed or unclothed body of the victim

cycivic

Third-degree sexual assault involves non-consensual sexual intercourse

Third-degree sexual assault in Wisconsin involves non-consensual sexual intercourse. It is considered less severe than first- or second-degree sexual assault, but it is still a felony. The Wisconsin Statutes define four degrees of sexual assault, with the degrees based on the amount of force used and the harm done to the victim.

Third-degree sexual assault is a Class G felony, which can result in a fine of up to $25,000 and up to 10 years in prison. This includes up to 5 years of initial confinement and 5 years of extended supervision. The law defines third-degree sexual assault as "whoever has sexual intercourse with a person without the consent of that person".

Third-degree sexual assault includes any non-consensual sex that does not meet the definitions of first or second-degree sexual assault. First and second-degree assaults include acts of violence, the use of a weapon, or causing bodily injury, pregnancy, or sexual contact with minors. Third-degree sexual assault would include any other form of non-consensual sexual intercourse that does not fall under these categories.

Third-degree sexual assault also includes ejaculating, urinating, or defecating on another person. Sexual contact, in this context, requires intentional penile ejaculation or the emission of urine or feces on the victim. Alternatively, it can involve the defendant intentionally causing the victim to ejaculate or emit urine or feces on any part of the defendant's body. In either case, the defendant must have acted with the intent to become sexually aroused or gratified or to sexually degrade or humiliate the victim.

cycivic

It is a Class G felony

Third-degree sexual assault in Wisconsin is a Class G felony. This felony involves sexual intercourse without consent but without the aggravating circumstances of the first and second degrees. First-degree sexual assault involves sexual intercourse without consent, resulting in pregnancy or great bodily harm, or the use of a dangerous weapon. Second-degree sexual assault involves sexual intercourse without consent, with the use or threat of force or violence, or causing injury, illness, or impairment.

Third-degree sexual assault is considered less severe than first or second-degree sexual assault. It includes any other form of non-consensual sexual intercourse that does not meet the criteria for first or second-degree sexual assault. This includes non-consensual sexual intercourse with ejaculation, urination, or defecation on another person. It is important to note that the definition of consent is crucial in these cases and can be a complex issue.

The penalties for a Class G felony in Wisconsin include up to 10 years in prison and fines of up to $25,000. The prison sentence can be divided into a maximum of 5 years of initial confinement and 5 years of extended supervision. These penalties indicate the seriousness with which prosecutors view these charges. It is important to seek legal representation and guidance if facing such charges.

It is worth noting that fourth-degree sexual assault, the least severe degree, is a Class A misdemeanor. This typically involves non-penetrative sexual contact without consent and carries potential penalties of up to nine months in jail and monetary fines of up to $10,000. The specific circumstances and definitions of each degree of sexual assault in Wisconsin are important to understand when facing charges or seeking legal defense.

cycivic

The punishment includes a fine of up to $25,000 and up to 10 years in prison

Third-degree sexual assault is a serious felony in Wisconsin. It is considered less severe than first- or second-degree sexual assault. Third-degree sexual assault is a Class G felony, which can result in a fine of up to $25,000 and up to 10 years in prison. The prison sentence can be broken down into a maximum of 5 years of initial confinement and 5 years of extended supervision.

The definition of third-degree sexual assault is "any other non-consensual sex", meaning non-consensual sex that is not defined by first- or second-degree sexual assault. First-degree sexual assault involves sexual intercourse or contact without consent, which inflicts great bodily harm or pregnancy, or is accomplished through the use of a dangerous weapon. Second-degree sexual assault involves sexual intercourse or contact without consent, through the use or threat of violence, or which causes injury, illness, disease, or impairment of a sexual or reproductive organ.

Third-degree sexual assault includes sexual intercourse without consent but without the more serious circumstances of the first and second degrees. It involves non-consensual sexual intercourse or contact, which does not result in the severe harm characteristic of first-degree cases. Third-degree sexual assault also includes ejaculating, urinating, or defecating on someone.

The punishment for third-degree sexual assault reflects the seriousness of the offense and the harm caused to the victim. The fine of up to $25,000 can serve as a financial penalty for the offender, while the prison sentence of up to 10 years can provide a sense of justice and protection for the victim and the community. It is important to note that the punishment may vary depending on the specifics of the case and the discretion of the court.

If you or someone you know is facing allegations of third-degree sexual assault in Wisconsin, it is important to seek legal guidance from experienced defense lawyers who can evaluate the specifics of the situation and determine the most effective defense strategy.

cycivic

Third-degree sexual assault also includes ejaculating, urinating, or defecating on someone

Third-degree sexual assault in Wisconsin is a Class G felony, which is considered less severe than first- or second-degree sexual assault. It involves non-consensual sexual intercourse, but without the aggravating circumstances of the first and second degrees. The penalties for a Class G felony include up to 10 years in prison and fines of up to $25,000.

Third-degree sexual assault is defined as "any other non-consensual sex" that does not meet the definitions of first or second-degree sexual assault. First and second-degree assaults involve acts of violence, non-consensual sex resulting in pregnancy, and any sexual contact with minors. Third-degree sexual assault, therefore, includes any acts of non-consensual sex that do not involve these factors.

Third-degree sexual assault specifically includes ejaculating, urinating, or defecating on someone. This act is considered sexual contact without consent. According to Wisconsin Criminal Jury Instruction 1218B, sexual contact in this context requires the intentional penile ejaculation of ejaculate, urine, or feces by the defendant upon any part of the clothed or unclothed body of the victim. Alternatively, it can involve the defendant intentionally causing the victim to ejaculate or emit urine or feces onto any part of the defendant's body, whether clothed or unclothed.

In addition, for sexual contact to be considered third-degree sexual assault, it must be established that the defendant acted with the intent to become sexually aroused or gratified or to sexually degrade or humiliate the victim. This element of intent is crucial to proving third-degree sexual assault.

It is important to note that the degrees of sexual assault in Wisconsin are based on the amount of force used by the perpetrator and the harm done to the victim. While third-degree sexual assault may not involve the same level of violence or harm as the higher degrees, it is still a serious felony offense with significant penalties.

cycivic

It does not involve the use of force or violence

Third-degree sexual assault in Wisconsin is a Class G felony, which is less severe than first- and second-degree sexual assault. It involves non-consensual sexual intercourse but without the more serious circumstances of the first and second degrees. It does not involve the use of force or violence, which is typically associated with second-degree sexual assault.

Third-degree sexual assault is defined as "any other non-consensual sex" that does not meet the criteria for first or second-degree sexual assault. This means that it includes any form of non-consensual sexual intercourse that does not involve force, violence, or the threat of force. It also includes ejaculating, urinating, or defecating on someone.

The key distinction between third-degree and second-degree sexual assault is the absence of force or violence in the former. Second-degree sexual assault involves the use of force or the threat of force, while third-degree does not. This distinction is important in determining the severity of the crime and the resulting legal consequences.

The penalties for third-degree sexual assault in Wisconsin include up to 10 years in prison and fines of up to $25,000. These penalties are less severe than those for second-degree sexual assault, which can result in up to 20 years in prison and fines of up to $10,000. However, it is important to note that the specific penalties may vary depending on the circumstances of the case and the discretion of the court.

While third-degree sexual assault does not involve force or violence, it is still a serious offense that can have significant legal consequences. It is important for individuals to understand their rights and seek legal guidance if facing any sexual assault charges, including third-degree sexual assault. Consent is a crucial factor in these cases, and it is often a complex issue that requires careful consideration and investigation.

Frequently asked questions

Third-degree sexual assault involves non-consensual sexual intercourse. It is classified as a Class G felony, which can result in up to 10 years in prison and a fine of up to $25,000.

First-degree sexual assault is the most severe form and is classified as a Class B felony. It involves non-consensual sexual contact or intercourse that results in pregnancy or great bodily harm, or when a dangerous weapon is used or threatened. The penalty for first-degree sexual assault can be up to 60 years in prison.

Second-degree sexual assault is a Class C felony. It involves non-consensual sexual intercourse or sexual contact with the use or threat of force or violence, or when the victim is incapable of consent due to mental illness or the influence of intoxicants. The penalty for second-degree sexual assault can be up to 20 years in prison and/or a fine of up to $10,000.

Fourth-degree sexual assault is the least severe degree and is classified as a Class A misdemeanor. It typically involves non-penetrative sexual contact without consent. The penalty for fourth-degree sexual assault can be up to nine months in jail and/or a fine of up to $10,000.

The key elements of third-degree sexual assault are sexual intercourse and lack of consent. It is important to note that consent requires words or overt actions indicating a freely given agreement to sexual intercourse or contact.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment