Wisconsin Statutory Elements and Consequences
Chapter 948 Crimes Against Children
The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.
Table of contents
- § 948.02(1)(am) First degree sexual assault of a child: sexual contact or intercourse with a person who has not attained the age of 13 years: causing great bodily harm
- § 948.02(1)(b) First Degree Sexual Assault of a Child: Sexual Intercourse with a Person Who Has Not Attained the Age of 12 Years
- § 948.02(1)(c) First Degree Sexual Assault of a Child: Sexual Intercourse with a Person Who Has Not Attained the Age of 16 Years by Use or Threat of Force or Violence
- § 948.02(1)(d) First Degree Sexual Assault of a Child: Sexual Contact with a Person Who Has Not Attained the Age of 16 Years by Use or Threat of Force or Violence by a Person Who Has Attained the Age of 18 Years
- § 948.02(1)(e) First Degree Sexual Assault of a Child: Sexual Contact with a Person Who Has Not Attained the Age of 16 Years by Use or Threat of Force or Violence by a Person Who Has Attained the Age of 18 Years
- § 948.02(2) Second Degree Sexual Assault of a Child: Sexual Contact or Intercourse with a Person Who Has Not Attained the Age of 16 Years
- § 948.02(3) Sexual Assault of a Child: Failing to Act to Prevent Sexual Intercourse or Sexual Contact
- § 948.025 Repeated Acts of Sexual Assault of a Child
- § 948.03(2)(a) Physical Abuse of a Child: Intentionally Causing Great Bodily Harm
- § 948.03(2)(b) Physical Abuse of a Child: Intentionally Causing Bodily Harm
- § 948.03(2)(c) Physical Abuse of a Child: Intentionally Causing Bodily Harm by Conduct Which Creates a High Probability of Great Bodily Harm
- § 948.03(3)(a) Physical abuse of a child: recklessly causing great bodily harm
- § 948.03(3)(b) Physical abuse of a child: recklessly causing bodily harm
- § 948.03(3)(c) Physical abuse of a child: recklessly causing bodily harm by conduct which creates a high probability of great bodily harm
- § 948.03(4)(A) Physical abuse of a child: failing to act to prevent great bodily harm
- § 948.03(4)(B) Physical abuse of a child: failing to act to prevent great bodily harm
- § 948.03(5) Repeated acts of physical abuse of a child
- § 948.04(1) Causing mental harm to a child
- § 948.05(1)(a) Sexual exploitation of a child
- § 948.05(1)(b) Sexual exploitation of a child
- § 948.05(1m) Sexual exploitation of a child
- § 948.05(2) Sexual exploitation of a child: by a person responsible for the child’s welfare
- § 948.051 Trafficking of a child
- § 948.055 Causing a child to view or listen to sexual activity
- § 948.06(1) Incest with a child: sexual intercourse or contact
- § 948.06(1m) Incest with a child: sexual intercourse or contact by stepparent
- § 948.07 Child enticement: completed act
- § 948.075 Use of a computer to facilitate a child sex crime
- § 948.08 Soliciting a child for prostitution
- § 948.081 Patronizing a child
- § 948.085(1) Sexual assault of a foster child
- § 948.085(2) Sexual assault of a child placed in a substitute care facility
- § 948.09 Sexual intercourse with a child
- § 948.093 Underage sexual activity
- § 948.095 Sexual assault of a student by a school staff person
- § 948.095(3) Sexual assault of a child by a person who works or volunteers with children
- § 948.098 Sexual misconduct against a pupil by a school staff member or volunteer
- § 948.10 Exposing genitals or pubic area to a child
- § 948.10 Causing a child to expose genitals or pubic area
- § 948.11(2)(a) Exposing a child to harmful material
- § 948.11(2)(am) Exposing a child to harmful material: verbally communicating a harmful description or narrative account
- § 948.12(1m) Child pornography: possession of or accessing a recording
- § 948.12(2m) Child pornography: exhibiting or playing a recording
- § 948.125 Child pornography: possession of virtual child pornography
- § 948.13(2)(a) Child sex offender working with children
- § 948.14(2)(a) Registered sex offender and photographing minors
- § 948.20 Abandonment of a child
- § 948.21 Neglecting a child
- § 948.215 Chronic neglect of a child; repeated acts of neglect
- § 948.22(3) Failure to support
- § 948.23(1)(a) Concealing death of child
- § 948.30(1)(a) Abduction of another’s child: taking from home or custody
- § 948.30(1)(b) Abduction of another’s child: detaining away from home
- § 948.30(2)(a) Abduction of another’s child: taking by force or threat of force
- § 948.30(2)(b) Abduction of another’s child: detaining by force or threat of force
- § 948.31(1)(b) Interference with custody of a child
- § 948.31(2) Interference with custody of a child
- § 948.31(3)(a) Interference with the custody of a child by a parent: concealing a child
- § 948.40(1) Contributing to the delinquency of a child
- § 948.40(2) Contributing to the delinquency of a child by a person responsible for the child’s welfare
- § 948.45 Contributing to truancy
- § 948.53 Child unattended in a child care vehicle
- § 948.55 Recklessly storing a firearm
- § 948.60(2)(a) Possession of a dangerous weapon by a child
- § 948.60(2)(b) Sale, loan, or gift of a dangerous weapon to a child
- § 948.605(2) Possession of a firearm in a school zone
- § 948.605(3) Discharge of a firearm in a school zone
- § 948.61 Dangerous weapons other than firearms on school premises
- § 948.62 Receiving stolen property from a child
§ 948.02(1)(am) First degree sexual assault of a child: sexual contact or intercourse with a person who has not attained the age of 13 years: causing great bodily harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant had sexual contact or sexual intercourse with a person under the age of 13 and that this contact or intercourse caused great bodily harm to the victim.
Elements of the Offense
- Sexual Contact or Intercourse: The defendant had sexual contact or sexual intercourse with the victim.
- Age of Victim: The victim had not attained the age of 13 years at the time of the offense.
- Great Bodily Harm: The defendant’s actions caused great bodily harm to the victim.
Jury Instruction
§ 948.02(1)(b) First Degree Sexual Assault of a Child: Sexual Intercourse with a Person Who Has Not Attained the Age of 12 Years
Summary
To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with a person who was under the age of 12 years at the time of the act.
Elements of the Offense
- Act: The defendant had sexual intercourse with another person.
- Age of the Victim: The victim had not attained the age of 12 years at the time of the sexual intercourse.
Jury Instruction
§ 948.02(1)(c) First Degree Sexual Assault of a Child: Sexual Intercourse with a Person Who Has Not Attained the Age of 16 Years by Use or Threat of Force or Violence
Summary
To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse with a person who was under the age of 16 years, and that the act was accomplished by the use or threat of force or violence.
Elements of the Offense
- Act: The defendant had sexual intercourse with another person.
- Age of the Victim: The victim had not attained the age of 16 years at the time of the sexual intercourse.
- Use or Threat of Force or Violence: The defendant used or threatened to use force or violence to accomplish the act.
Jury Instruction
§ 948.02(1)(d) First Degree Sexual Assault of a Child: Sexual Contact with a Person Who Has Not Attained the Age of 16 Years by Use or Threat of Force or Violence by a Person Who Has Attained the Age of 18 Years
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who was at least 18 years old, had sexual contact with a person who was under the age of 16 years, and that the act was accomplished by the use or threat of force or violence.
Elements of the Offense
- Act: The defendant had sexual intercourse with another person.
- Age of the Victim: The victim had not attained the age of 16 years at the time of the sexual contact.
- Use or Threat of Force or Violence: The defendant used or threatened to use force or violence to accomplish the act.
- Age of the Defendant: The defendant was at least 18 years of age when the sexual contact occurred.
Jury Instruction
§ 948.02(1)(e) First Degree Sexual Assault of a Child: Sexual Contact with a Person Who Has Not Attained the Age of 16 Years by Use or Threat of Force or Violence by a Person Who Has Attained the Age of 18 Years
Summary
To be guilty of this offense, the prosecution must prove that the defendant engaged in sexual contact or sexual intercourse with a person who was under the age of 13 years.
Elements of the Offense
- Act: The defendant engaged in either sexual contact or sexual intercourse with another person.
- Age of the Victim: The victim had not attained the age of 13 years at the time of the act.
Jury Instruction
§ 948.02(2) Second Degree Sexual Assault of a Child: Sexual Contact or Intercourse with a Person Who Has Not Attained the Age of 16 Years
Summary
To be guilty of this offense, the prosecution must prove that the defendant engaged in sexual contact or sexual intercourse with a person who was under the age of 16 years.
Elements of the Offense
- Act: The defendant engaged in either sexual contact or sexual intercourse with another person.
- Age of the Victim: The victim had not attained the age of 16 years at the time of the act.
Jury Instruction
§ 948.02(3) Sexual Assault of a Child: Failing to Act to Prevent Sexual Intercourse or Sexual Contact
Summary
To be guilty of this offense, the prosecution must prove that the defendant was responsible for the welfare of a child under 16 years of age and knew that another person intended to have, was having, or had had sexual intercourse or sexual contact with the child. The prosecution must also prove that the defendant was capable of preventing the act but failed to do so, and this failure either exposed the child to an unreasonable risk of the sexual act occurring or facilitated the act.
Elements of the Offense
- Responsibility for the Welfare of a Child: The defendant must be a person responsible for the welfare of a child who has not attained the age of 16 years.
- Knowledge of Sexual Intercourse or Contact: The defendant must have knowledge that another person intends to have, is having, or has had sexual intercourse or sexual contact with the child.
- Capability to Prevent the Act: The defendant must be physically and emotionally capable of taking action to prevent the sexual intercourse or contact from occurring or being repeated.
- Failure to Act: The defendant must fail to take the necessary action to prevent the sexual intercourse or contact.
- Exposure to Risk: The defendant's failure to act must expose the child to an unreasonable risk that sexual intercourse or contact may occur between the child and the other person, or it must facilitate the sexual intercourse or contact that does occur between the child and the other person.
Jury Instruction
§ 948.025 Repeated Acts of Sexual Assault of a Child
Summary
To be guilty of this offense, the prosecution must prove that the defendant committed 3 or more violations of sexual assault of the same child under s. 948.02(1) or (2) within a specified period of time. The offense is classified as either a Class A, B, or C felony, depending on the specific violations. In a jury trial, jurors must unanimously agree that at least 3 violations occurred, though they need not agree on the specific acts or subsections violated.
Elements of the Offense
- Commission of Violations: The defendant must have committed 3 or more violations of s. 948.02(1) or (2) involving the same child within a specified period of time.
- Specified Felony Classification: Depending on the nature of the violations under s. 948.02, the offense is classified as follows:
- Class A Felony: If at least 3 of the violations were violations of s. 948.02(1)(am).
- Class B Felony: If at least 3 of the violations were violations of s. 948.02(1)(am), (b), or (c).
- Class B Felony: If at least 3 of the violations were violations of s. 948.02(1)(am), (b), (c), or (d).
- Class B Felony: If at least 3 of the violations were violations of s. 948.02(1).
- Class C Felony: If at least 3 of the violations were violations of s. 948.02(1) or (2).
- Jury Unanimity Requirement: If the case is tried to a jury, the jurors must unanimously agree that at least 3 violations occurred within the specified period of time. However, they do not need to agree on which specific acts constituted the requisite number or the exact subsection of s. 948.02 violated.
Jury Instruction
§ 948.03(2)(a) Physical Abuse of a Child: Intentionally Causing Great Bodily Harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally caused great bodily harm to a child.
Elements of the Offense
- Intentional Causation: The defendant must have intentionally caused great bodily harm to a child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.03(2)(b) Physical Abuse of a Child: Intentionally Causing Bodily Harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm to a child.
Elements of the Offense
- Intentional Causation: The defendant must have intentionally caused bodily harm to a child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.03(2)(c) Physical Abuse of a Child: Intentionally Causing Bodily Harm by Conduct Which Creates a High Probability of Great Bodily Harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally caused bodily harm to a child by engaging in conduct that created a high probability of great bodily harm.
Elements of the Offense
- Intentional Causation: The defendant must have intentionally caused bodily harm to a child.
- Conduct Creating High Probability of Great Bodily Harm: The defendant’s conduct must have created a high probability of causing great bodily harm to the child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
- Knowledge: The defendant must have known that their conduct created a high probability of great bodily harm.*
Jury Instruction
* Section 948.03(2)(c) applies to those who “intentionally cause bodily harm by conduct which creates a high probability of great bodily harm.” Section 939.23(3) provides that when “intentionally” is used in a criminal statute, it requires that the actor “have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word ‘intentionally’.” The Criminal Jury Instructions Committee concluded that this requires that the defendant charged under § 948.03(2)(c) must have known that his conduct created a high probability of great bodily harm.
§ 948.03(3)(a) Physical abuse of a child: recklessly causing great bodily harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant engaged in reckless conduct that caused great bodily harm to a child. The defendant’s actions must have created an unreasonable risk and demonstrated a conscious disregard for the child’s safety.
Elements of the Offense
- Reckless Conduct: The defendant must engage in conduct that is reckless.
- Causation of Harm: The defendant’s reckless conduct must cause great bodily harm to a child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.03(3)(b) Physical abuse of a child: recklessly causing bodily harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant engaged in reckless conduct that caused bodily harm to a child.
Elements of the Offense
- Reckless Conduct: The defendant must engage in conduct that is reckless.
- Causation of Harm: The defendant’s reckless conduct must result in bodily harm to a child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.03(3)(c) Physical abuse of a child: recklessly causing bodily harm by conduct which creates a high probability of great bodily harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant engaged in reckless conduct that caused bodily harm to a child and that the conduct created a high probability of causing great bodily harm.
Elements of the Offense
- Reckless Conduct: The defendant must engage in conduct that is reckless.
- Causation of Harm: The defendant’s reckless conduct must result in bodily harm to a child.
- High Probability of Great Bodily Harm: The reckless conduct must be of a nature that creates a high probability of causing great bodily harm to the child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.03(4)(A) Physical abuse of a child: failing to act to prevent great bodily harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant was responsible for the child’s welfare, had knowledge of a threat or actual harm being inflicted on the child by another person, was capable of preventing the harm, but failed to act. The failure to act must have either exposed the child to an unreasonable risk of great bodily harm or facilitated the harm.
Elements of the Offense
- Person Responsible for the Child’s Welfare: The defendant must be a person responsible for the welfare of the child. This typically includes parents, guardians, or any other person who has a duty to care for or protect the child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
- Intentional Act: Another person must intentionally cause great bodily harm to the child.
- Knowledge of Threat or Harm: The defendant must have knowledge that another person:
- Intends to cause great bodily harm to the child.
- Is currently causing great bodily harm to the child.
- Has previously intentionally or recklessly caused great bodily harm to the child.
- Capability to Prevent Harm: The defendant must be physically and emotionally capable of taking action that would prevent the great bodily harm from occurring or being repeated.
- Failure to Act: The defendant fails to take action to prevent the harm.
- Unreasonable Risk or Facilitation of Harm: The failure to act either:
- Exposes the child to an unreasonable risk of great bodily harm by the other person.
- Facilitates the great bodily harm to the child caused by the other person.
Jury Instruction
§ 948.03(4)(B) Physical abuse of a child: failing to act to prevent great bodily harm
Summary
To be guilty of this offense, the prosecution must prove that the defendant was responsible for the child’s welfare, knew that another person intended to cause, was causing, or had caused bodily harm to the child, and was capable of preventing the harm but failed to act. This failure must have either exposed the child to an unreasonable risk of bodily harm or facilitated the harm caused by the other person.
Elements of the Offense
- Person Responsible for the Child’s Welfare: The defendant must be a person responsible for the welfare of the child, such as a parent, guardian, or someone with a duty to care for or protect the child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
- Recklessly: Another person must recklessly cause great bodily harm to the child.
- Knowledge of Threat or Harm: The defendant must have knowledge that another person recklessly caused bodily harm to the child.
- Capability to Prevent Harm: The defendant must be physically and emotionally capable of taking action to prevent the bodily harm from occurring or being repeated.
- Failure to Act: The defendant fails to take action to prevent the bodily harm.
- Unreasonable Risk or Facilitation of Harm: The failure to act either:
- Exposes the child to an unreasonable risk of bodily harm by the other person.
- Facilitates the bodily harm that is caused to the child by the other person.
Jury Instruction
§ 948.03(5) Repeated acts of physical abuse of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant committed 3 or more violations under sub. (2), (3), or (4) involving the same child within a specified period. The severity of the charges depends on whether any of these violations caused the child’s death, resulted in great bodily harm, or created a high probability of great bodily harm. The offense ranges from a Class A to a Class E felony depending on the circumstances. In a jury trial, the jury must unanimously agree that 3 or more violations occurred but need not agree on which specific acts constitute the violations.
Elements of the Offense
- Commission of Multiple Violations: The defendant must commit 3 or more violations under sub. (2) (Intentional Causation of Bodily Harm), sub. (3) (Reckless Causation of Bodily Harm), or sub. (4) (Failure to Act to Prevent Bodily Harm), all involving the same child.
- Specified Period: The 3 or more violations must occur within a specified period.
- Severity of Violations: The severity of the offense is determined by the nature of the violations:
- Class A Felony: At least one violation must have caused the death of the child.
- Class B Felony: At least two violations must involve intentional causation of great bodily harm under sub. (2)(a).
- Class C Felony: At least one violation must have resulted in great bodily harm to the child.
- Class D Felony: At least one violation must have created a high probability of great bodily harm to the child.
- Class E Felony: Any combination of 3 or more violations under sub. (2), (3), or (4) that do not meet the criteria for higher classifications.
- Jury Agreement: In a jury trial, the jury members must unanimously agree that at least 3 violations occurred within the specified period, but they do not need to agree on the specific acts that constitute the requisite number of violations.
Jury Instruction
§ 948.04(1) Causing mental harm to a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant was exercising temporary or permanent control over a child, caused mental harm to the child through conduct that demonstrated substantial disregard for the child’s mental well-being.
Elements of the Offense
- Temporary or Permanent Control of a Child: The defendant must be exercising temporary or permanent control over the child.
- Causing Mental Harm: The defendant must cause mental harm to the child.
- Conduct Demonstrating Substantial Disregard: The mental harm must be caused by the defendant’s conduct, which demonstrates a substantial disregard for the mental well-being of the child.
- Victim is a Child: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.05(1)(a) Sexual exploitation of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, with knowledge of the character and content of the sexually explicit conduct involving a child, employed, used, persuaded, induced, enticed, or coerced the child to engage in such conduct for the purpose of recording or displaying it.
Elements of the Offense
- Employing, Using, Persuading, Inducing, Enticing, or Coercing a Child: The defendant must engage in one or more of the following actions: employing, using, persuading, inducing, enticing, or coercing a child. The child must be involved in sexually explicit conduct as a result of these actions.
- Knowledge of Character and Content: The defendant must have knowledge of the character and content of the sexually explicit conduct involving the child. This means that the defendant must be aware that the conduct in question is sexually explicit.
- Purpose of Recording or Displaying: The purpose of the defendant’s actions must be to record or display the sexually explicit conduct in some form. This could involve creating images, videos, or any other type of recording or display.
- Involvement of a Child: The individual involved in the sexually explicit conduct must be a child, meaning a person under the age of 18.
Jury Instruction
§ 948.05(1)(b) Sexual exploitation of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, with knowledge of the character and content of the sexually explicit conduct involving a child, recorded or displayed a child engaged in such conduct.
Elements of the Offense
- Recording or Displaying: The defendant must have recorded or displayed, in any form or manner, a child engaged in sexually explicit conduct.
- Involvement of a Child: The individual involved in the sexually explicit conduct that is recorded or displayed must be a child, meaning a person under the age of 18.
- Knowledge of Character and Content: The defendant must have knowledge of the character and content of the sexually explicit conduct involving the child.
Jury Instruction
§ 948.05(1m) Sexual exploitation of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, with knowledge of the character and content of the sexually explicit conduct involving a child, engaged in activities such as producing, promoting, selling, or distributing recordings of a child engaged in sexually explicit conduct, knowing or having reasonable knowledge that the child was under 18 years old.
Elements of the Offense
- Engagement in Prohibited Activities: The defendant must engage in one or more of the following activities related to the recording of a child engaged in sexually explicit conduct:
- Producing
- Performing in
- Profiting from
- Promoting
- Importing into the state
- Reproducing
- Advertising
- Selling
- Distributing
- Possessing with intent to sell or distribute
- Knowledge of Character and Content: The defendant must have knowledge of the character and content of the sexually explicit conduct involving the child.
- Involvement of a Child: The conduct depicted in the recording must involve a child, meaning a person under the age of 18.
- Knowledge or Reasonable Knowledge of the Child’s Age: The defendant must know, or reasonably should know, that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
Jury Instruction
§ 948.05(2) Sexual exploitation of a child: by a person responsible for the child’s welfare
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is responsible for the welfare of a child, knowingly permitted, allowed, or encouraged the child to engage in sexually explicit conduct for purposes such as recording, displaying, or distributing the conduct, knowing the nature of the conduct.
Elements of the Offense
- Responsibility for the Child’s Welfare: The defendant must be a person responsible for the welfare of a child.
- Permitting, Allowing, or Encouraging: The defendant must have knowingly permitted, allowed, or encouraged the child to engage in sexually explicit conduct.
- Knowledge of the Conduct: The defendant must have knowledge of the character and content of the sexually explicit conduct involving the child.
- Purpose of the Conduct: The sexually explicit conduct must have been for a purpose prohibited under the statute, specifically:
- For the purpose of recording or displaying the conduct as described in sub. (1)(a) or (b).
- Involving activities such as producing, performing in, profiting from, promoting, or distributing recordings of the conduct as described in sub. (1m).
- Child’s Age: The victim has not attained the age of 18 years.
Jury Instruction
§ 948.051 Trafficking of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly engaged in or attempted to engage in actions such as recruiting, enticing, providing, obtaining, harboring, transporting, patronizing, or soliciting a child with the intent that the child be involved in commercial sex acts.
Elements of the Offense
- Knowingly Engaging in Specific Actions: The defendant must have knowingly engaged in one or more of the following actions: recruiting, enticing, providing, obtaining, harboring, transporting, patronizing, or soliciting a child.
- Alternatively, the defendant must have knowingly attempted to engage in any of the aforementioned actions.
- Involvement of a Child: The actions must have been directed at a child, meaning an individual who has not attained the age of 18 years.
- Purpose of the Actions: The actions must have been done for the purpose of engaging the child in commercial sex acts, as defined in s. 940.302 (1) (a).
Jury Instruction
§ 948.055 Causing a child to view or listen to sexual activity
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally caused a child under 18 years old, or a person the defendant believed was under 18, to view or listen to sexually explicit conduct. The act must have been for the purpose of sexually arousing or gratifying the defendant or humiliating or degrading the child. The severity of the charge depends on the child's age, with more severe penalties for younger children.
Elements of the Offense
- Intentional Act: The defendant must have intentionally caused a child to view or listen to sexually explicit conduct.
- Age of the Child: The child involved must be under 18 years of age, or the defendant must believe or have reason to believe that the child is under 18 years of age.
- Purpose of the Act: The viewing or listening must have been for the purpose of sexually arousing or gratifying the defendant, or for humiliating or degrading the child.
- Penalty Classification:
- Class F Felony: If the child is under 13 years of age, or the defendant believes or has reason to believe that the child is under 13 years of age.
- Class H Felony: If the child is between 13 and 17 years of age, or the defendant believes or has reason to believe that the child is between 13 and 17 years of age.
Jury Instruction
§ 948.06(1) Incest with a child: sexual intercourse or contact
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly married, had sexual intercourse, or engaged in sexual contact with a child who is related to them, either by blood or adoption, in a degree of kinship closer than a second cousin.
Elements of the Offense
- Act of Marriage, Sexual Intercourse, or Sexual Contact: The defendant must have either married, had sexual intercourse, or had sexual contact with the child.
- Knowledge of Relationship: The defendant must have known that the child was related to them, either by blood or by adoption.
- Degree of Kinship: The child must be related to the defendant in a degree of kinship closer than a second cousin.
- Age of the Child: The offense involves a child, which means a person under the age of 18.
Jury Instruction
§ 948.06(1m) Incest with a child: sexual intercourse or contact by stepparent
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is the child’s stepparent, engaged in sexual contact or sexual intercourse with the child.
Elements of the Offense
- Act of Sexual Contact or Sexual Intercourse: The defendant must have engaged in sexual contact or sexual intercourse with the child.
- Relationship to the Child: The defendant must be the stepparent of the child.
- Age of the Child: The offense involves a child, which means a person under the age of 18.
Jury Instruction
§ 948.07 Child enticement: completed act
Summary
To be guilty of this offense, the prosecution must prove that the defendant, with the intent to commit certain unlawful acts such as sexual contact, causing prostitution, or causing harm, caused or attempted to cause a child under 18 years of age to go into a vehicle, building, room, or secluded place.
Elements of the Offense
- Act of Causing or Attempting to Cause: The defendant must have caused or attempted to cause the child, who has not attained the age of 18 years, to go into any vehicle, building, room, or secluded place.
- Intent to Commit Specific Acts: The defendant must have had the intent to commit one of the following acts:
- Having sexual contact or intercourse with the child in violation of s. 948.02, 948.085, or 948.095.
- Causing the child to engage in prostitution.
- Exposing genitals, pubic area, or intimate parts to the child or causing the child to expose their genitals, pubic area, or intimate parts in violation of s. 948.10.
- Recording the child engaging in sexually explicit conduct.
- Causing bodily or mental harm to the child.
- Giving or selling a controlled substance or controlled substance analog to the child in violation of ch. 961.
- Age of the Child: The victim must be a child who has not attained the age of 18 years.
Jury Instruction
§ 948.075 Use of a computer to facilitate a child sex crime
Summary
To be guilty of this offense, the prosecution must prove that the defendant used a computerized communication system to communicate with someone they believed was under 16 years of age, with the intent to engage in sexual contact or intercourse with that person, in violation of laws against sexual assault of a child.
Elements of the Offense
- Use of a Computerized Communication System: The defendant must have used a computerized communication system.
- Communication with a Minor: The defendant must have communicated with an individual whom the defendant believes or has reason to believe is under the age of 16 years.
- Intent to Commit a Sexual Crime: The communication must have been done with the intent to have sexual contact or sexual intercourse with the individual.
- Violation of Specific Statutes: The intended sexual contact or intercourse must be in violation of s. 948.02 (1) or (2), which pertain to first-degree and second-degree sexual assault of a child.
Jury Instruction
§ 948.08 Soliciting a child for prostitution
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally solicited or caused a child to engage in an act of prostitution or established a child in a place of prostitution.
Elements of the Offense
- Intentional Solicitation or Causing: The defendant must intentionally solicit or cause a child to engage in an act of prostitution.
- Engaging a Child in Prostitution: The solicitation or causing must be with the purpose of engaging the child in an act of prostitution.
- Establishment in a Place of Prostitution: Alternatively, the defendant may be guilty if they establish a child in a place of prostitution, meaning they set up or place the child in a situation where prostitution occurs.
- Involvement of a Child: The victim must be a child, meaning a person who has not attained the age of 18 years.
Jury Instruction
§ 948.081 Patronizing a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant entered or remained in a place of prostitution with the intent to engage in nonmarital sexual intercourse, or acts of sexual gratification involving sexual contact, with a person who is a child. It is not necessary for the prosecution to prove that the defendant knew the person was a child, and a mistaken belief about the person’s age is not a defense.
Elements of the Offense
- Entry or Remaining in a Place of Prostitution: The defendant must have entered or remained in a place of prostitution.
- Intent: The defendant must have had the intent to:
- Have nonmarital sexual intercourse.
- Commit an act of sexual gratification involving the sex organ of one person and the mouth or anus of another, masturbation, or sexual contact with a person.
- Involvement of a Child: The person with whom the defendant intended to engage in these acts must be a child (defined as someone under the age of 18).
Jury Instruction
§ 948.085(1) Sexual assault of a foster child
To be guilty of this offense, the prosecution must prove that the defendant, who was the foster parent of the child, engaged in sexual contact or sexual intercourse with the child.
Elements of the Offense
- Sexual Contact or Sexual Intercourse: The defendant must have engaged in sexual contact or sexual intercourse.
- With a Child: The victim must be a child (someone under the age of 18).
- Foster Parent Relationship: The defendant must be the foster parent of the child.
Jury Instruction
§ 948.085(2) Sexual assault of a child placed in a substitute care facility
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who worked, volunteered, or was responsible for managing a specific type of care facility, engaged in sexual contact or sexual intercourse with a child placed in that facility.
Elements of the Offense
- Sexual Contact or Sexual Intercourse: The defendant must have engaged in sexual contact or sexual intercourse.
- With a Child: The victim must be a child (someone under the age of 18).
- Placement in Specific Facility: The child must be placed in one of the following types of facilities:
- A shelter care facility licensed under s. 48.66(1)(a).
- A group home licensed under s. 48.625 or 48.66(1).
- A facility described in s. 940.295(2)(m).
- Employment, Volunteer, or Management Role: The defendant must work, volunteer, or be directly or indirectly responsible for managing the facility where the child is placed.
Jury Instruction
§ 948.09 Sexual intercourse with a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who was at least 19 years old at the time, had sexual intercourse with a child who was 16 or older but not the defendant’s spouse.
Elements of the Offense
- Sexual Intercourse: The defendant must have engaged in sexual intercourse.
- With a Child Aged 16 or Older: The child involved must have attained the age of 16 years but must still be under 18 years old.
- Not the Defendant’s Spouse: The child must not be the spouse of the defendant.
- Defendant’s Age: The defendant must have attained the age of 19 years at the time of the violation.
Jury Instruction
§ 948.093 Underage sexual activity
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who was under 19 years old, engaged in sexual contact or sexual intercourse with a child who was 15 years old but not yet 16, and that the child was not the defendant’s spouse.
Elements of the Offense
- Sexual Contact or Sexual Intercourse: The defendant must have engaged in either sexual contact or sexual intercourse.
- Age of the Child: The child involved must have attained the age of 15 years but must not have attained the age of 16 years.
- Defendant’s Age: The defendant must not have attained the age of 19 years at the time of the violation.
- Marital Status: The offense does not apply if the defendant is the spouse of the child.
Jury Instruction
§ 948.095 Sexual assault of a student by a school staff person
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is a member of the school staff, had sexual contact or intercourse with a student aged 16 or older who is not their spouse and is enrolled in the school or district where the defendant works. Under subsection (3), it must be shown that the defendant, aged 21 or older, who works or volunteers in a capacity that requires interaction with children, had sexual contact or intercourse with a child aged 16 or older who is not their spouse.
Elements of the Offense
- Sexual Contact or Sexual Intercourse: The defendant must have engaged in sexual contact or sexual intercourse with the child.
- Age of the Child: The child involved must have attained the age of 16 years, but must not have attained the age of 18 years.
- Marital Status: The child must not be the spouse of the defendant.
- School Enrollment: The child must be enrolled as a student in a school or school district.
- Defendant’s Role: The defendant must be a member of the school staff of the school or school district in which the child is enrolled as a student.
Jury Instruction
§ 948.095(3) Sexual assault of a child by a person who works or volunteers with children
Summary
To be guilty of this offense, the prosecution must prove that the defendant is a person who is 21 years or older and is involved in an occupation or volunteer position that requires direct interaction with children. The defendant must have engaged in sexual contact or intercourse with a child who is 16 years or older, not the defendant’s spouse, and with whom the defendant interacts through their occupation or volunteer position.
Elements of the Offense
- Defendant’s Age: The defendant must be a person who has attained the age of 21 years.
- Occupation or Volunteer Position: The defendant must engage in an occupation or participate in a volunteer position that requires direct work or interaction with children.
- Prohibited Conduct: The defendant must have had sexual contact or sexual intercourse with the child who is not be the defendant’s spouse.
- Victim: The victim must be a child who has attained the age of 16 years, but who has not attained the age of 18 years of age.
- Relationship through Position: The sexual contact or intercourse must occur with a child with whom the defendant works or interacts through their occupation or volunteer position.
Jury Instruction
§ 948.098 Sexual misconduct against a pupil by a school staff member or volunteer
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is either a school staff member or a volunteer, committed an act of sexual misconduct against a pupil enrolled in the school.
Elements of the Offense
- Person: The defendant must be a school staff member or volunteer on the date of the offense.
- Victim: The victim must be a pupil enrolled in the school where the defendant works or volunteers on the date of the offense.
- Prohibited Conduct: The defendant must commit an act of sexual misconduct against the pupil.
- Intent: The defendant must act intentionally.
Jury Instruction
§ 948.10 Exposing genitals or pubic area to a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant acted with the intent of sexual arousal or gratification and exposed their own genitals, pubic area, or intimate parts to a child.
Elements of the Offense
- Prohibited Conduct: The defendant must expose their own genitals, pubic area, or intimate parts to a child.
- Intent: The defendant must act for the purposes of sexual arousal or sexual gratification.
- Victim: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.10 Causing a child to expose genitals or pubic area
Summary
To be guilty of this offense, the prosecution must prove that the defendant acted with the intent of sexual arousal or gratification and caused a child to expose their genitals, pubic area, or intimate parts.
Elements of the Offense
- Prohibited Conduct: The defendant must cause a child to expose their genitals, pubic area, or intimate parts.
- Intent: The defendant must act for the purposes of sexual arousal or sexual gratification.
- Victim: The victim must be under the age of 18 at the time of the offense.
Jury Instruction
§ 948.11(2)(a) Exposing a child to harmful material
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly sold, rented, exhibited, played, distributed, or loaned harmful material to a child. The defendant must have known or reasonably should have known that the child was under 18 years old, or the defendant must have had face-to-face contact with the child before or during the transaction.
Elements of the Offense
- Prohibited Conduct: The defendant engages in one or more of the following actions:
- Sells, rents, exhibits, plays, distributes, or loans the harmful material to a child.
- Knowledge of Material: The defendant must have knowledge of the character and content of the material.
- Child: The child was under the age of 18 years.
- Knowledge of the Child’s Age: One of the following conditions must be met:
- The defendant knows or reasonably should know that the child has not attained the age of 18 years.
- The defendant has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan of the harmful material.
Jury Instruction
Wis JI-Criminal 2142
Wis JI-Criminal 2142A
§ 948.11(2)(am) Exposing a child to harmful material: verbally communicating a harmful description or narrative account
Summary
To be guilty of this offense, th prosecution must prove that the defendant, who is at least 17 years old, knowingly communicated a harmful description or narrative account to a child. The defendant must have known or reasonably should have known that the child was under 18 years old, or the defendant must have had face-to-face contact with the child before or during the communication.
Elements of the Offense
- Person: The defendant must be a person who has attained the age of 17 years.
- Prohibited Conduct: The defendant verbally communicates a harmful description or narrative account to a child.
- Knowledge of Material: The defendant must have knowledge of the character and content of the description or narrative account.
- Knowledge of the Child’s Age: One of the following conditions must be met:
- The defendant knows or reasonably should know that the child has not attained the age of 18 years.
- The defendant has face-to-face contact with the child before or during the communication.
- Child: The child was under the age of 18 years.
Jury Instruction
§ 948.12(1m) Child pornography: possession of or accessing a recording
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly possessed or accessed material depicting a child engaged in sexually explicit conduct, with the intent to view it. The defendant must have known, or reasonably should have known, that the material depicted sexually explicit conduct involving a child under 18 years of age.
Elements of the Offense
- Material: The material in question must include any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording.
- Conduct: The material must depict a child engaged in sexually explicit conduct.
- Possession or Access: The defendant must possess the material or access it in any way with the intent to view it.
- Knowledge of Possession or Access: The defendant must know that he or she possesses or has accessed the material.
- Knowledge of Content: The defendant must know, or reasonably should know, that the material contains depictions of sexually explicit conduct.
- Knowledge of Age: The defendant must know, or reasonably should know, that the child depicted in the material who is engaged in sexually explicit conduct has not attained the age of 18 years.
Jury Instruction
§ 948.12(2m) Child pornography: exhibiting or playing a recording
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly exhibited or played a recording depicting a child engaged in sexually explicit conduct. The defendant must have been aware of the character and content of the sexually explicit conduct before exhibiting or playing the recording and must have known, or reasonably should have known, that the child depicted in the recording was under 18 years of age.
Elements of the Offense
- Recording: The recording must depict a child engaged in sexually explicit conduct.
- Exhibiting or Playing the Recording: The defendant must exhibit or play the recording.
- Knowledge of the Act: The defendant must know that he or she has exhibited or played the recording.
- Knowledge of Content: Before exhibiting or playing the recording, the defendant must have known the character and content of the sexually explicit conduct depicted in the recording.
- Knowledge of Age: Before exhibiting or playing the recording, the defendant must have known, or reasonably should have known, that the child depicted in the recording who is engaged in sexually explicit conduct had not attained the age of 18 years.
Jury Instruction
§ 948.125 Child pornography: possession of virtual child pornography
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly received, distributed, produced, possessed, or accessed obscene material with the intent to view it, knowing or having reason to know that it depicted a purported child engaging in sexually explicit conduct.
Elements of the Offense
- Conduct: The defendant knowingly received, distributed, produced, possessed, or accessed obscene material with the intent to view it.
- Nature of Material: The material contains a depiction of a purported child engaging in sexually explicit conduct.
- Knowledge: The defendant knew or reasonably should have known that the material contained a depiction of a purported child engaging in sexually explicit conduct.
- Obscenity: The material meets the legal definition of “obscene material” as follows:
- The average person, applying contemporary community standards, would find the material appeals to the prurient interest if taken as a whole.
- Under contemporary community standards, the material describes or shows sexually explicit conduct in a patently offensive way.
- The material lacks serious literary, artistic, political, educational, or scientific value if taken as a whole.
- Age of the Defendant:
- If the defendant was 18 years of age or older at the time of the offense, the offense is a Class D felony.
- If the defendant was under 18 years of age at the time of the offense, the offense is a Class I felony.
Jury Instruction
§ 948.13(2)(a) Child sex offender working with children
Summary
To be guilty of this offense, the prosecution must prove that the defendant, having been previously convicted of a serious child sex offense, engaged in an occupation or volunteer position that required them to work or interact primarily and directly with children under 16 years of age. This statute is designed to prevent individuals with serious child sex offense convictions from being in positions where they have direct and primary contact with young children.
Elements of the Offense
- Person: The defendant must be a person who has previously been convicted of a serious child sex offense.
- Conviction: The prior conviction must be for a “serious child sex offense.”
- Occupation or Volunteer Position: The defendant subsequently engages in an occupation or participates in a volunteer position.
- Interaction with Children: The occupation or volunteer position requires the defendant to work or interact primarily and directly with children under 16 years of age.
Jury Instruction
§ 948.14(2)(a) Registered sex offender and photographing minors
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is a registered sex offender, intentionally captured a representation (such as a photograph or video) of a minor without obtaining written consent from the minor’s parent, legal custodian, or guardian. The written consent must explicitly acknowledge that the person seeking the consent is a registered sex offender.
Elements of the Offense
- Person: The defendant must be a person who is a registered sex offender.
- Prohibited Conduct: The defendant intentionally captures a representation of any minor.
- Lack of Consent: The defendant did not have the written consent of the minor’s parent, legal custodian, or guardian to capture the representation.
- Intent: The capturing of the representation must be done intentionally by the defendant.
- Knowledge: The defendant knew that the minor’s parent, legal custodian, or guardian did not consent provide written consent.*
Jury Instruction
*The use of “intentionally” requires “a purpose to do the thing or cause the result specified . . . [and] knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word 'intentionally'” in the statute. See § 939.23(3). In this statute, that appears to require purpose to capture the representation – as distinguished, for example, from accidentally having a minor in the background of a photo intended to be of something or someone else. In addition, it requires knowledge of “without parent’s consent,” a fact necessary to make the conduct criminal.
§ 948.20 Abandonment of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally abandoned a child by leaving them in a place where the child might suffer due to neglect. The statute requires proof that the defendant had the specific intent to abandon the child and that the abandonment put the child at risk of harm from neglect.
Elements of the Offense
- Victim: The victim must be a child under the age of 18 years.
- Conduct: The defendant left the child in a place where the child may have suffered because of neglect.
- Intent: The defendant must have left the child with intent to abandon the child.
Jury Instruction
§ 948.21 Neglecting a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant was responsible for the welfare of a child and negligently failed to provide necessary care, food, clothing, medical care, shelter, education, or protection from drug-related exposure. The failure to provide these necessities must be due to reasons other than poverty and must result in a serious endangerment of the child’s physical, mental, or emotional health.
Elements of the Offense
- Person: The defendant must be a person responsible for the child’s welfare.
- Victim: The victim must be a child under the age of 18 years.
- Duty: The defendant has a duty to provide for the child’s welfare, which includes:
- Necessary care.
- Necessary food.
- Necessary clothing.
- Necessary medical care.
- Necessary shelter.
- Education in compliance with s. 118.15.
- Protection from exposure to the distribution or manufacture of controlled substances, controlled substance analogs, or drug abuse.
- Conduct: The defendant negligently fails to provide any of the above necessities.
- Exclusion: The failure to provide must be for reasons other than poverty.
- Resulting Condition: The failure to provide must seriously endanger the physical, mental, or emotional health of the child.
Jury Instruction
§ 948.215 Chronic neglect of a child; repeated acts of neglect
Summary
To be guilty of this offense, the prosecution must prove that the defendant committed three or more violations of child neglect involving the same child within a specified time, or if they have a prior conviction for neglect involving the same child.
Elements of the Offense
- Person: The defendant must be a person who has violated Wis. Stat. § 948.21(2).
- Repeated Acts: The defendant must meet one of the following conditions:
- The person commits 3 or more violations under Wis. Stat. § 948.21(2) within a specified period of time involving the same child.
- The person has at least one previous conviction for a violation of Wis. Stat. § 948.21(2) involving the same child as the current violation.
- Jury Requirement: If the case is tried to a jury under sub. (1)(a), the jury must unanimously agree that at least 3 violations of Wis. Stat. § 948.21(2) involving the same child occurred within the specified period, but they do not need to agree on which specific acts constitute the requisite number or resulted in any particular consequence.
Jury Instruction
§ 948.22(3) Failure to support
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally failed to provide spousal, grandchild, or child support, knowing or reasonably should have known that they were legally obligated to do so. The failure to provide support must last for less than 120 consecutive days.
Elements of the Offense
- Person: The defendant must be a person who is legally obligated to provide spousal, grandchild, or child support.
- Legal Obligation: The defendant must know or reasonably should know that they are legally obligated to provide support.
- Failure to Provide Support: The defendant intentionally fails to provide the required support.
- Duration of Failure: The failure to provide support must last for less than 120 consecutive days.
Jury Instruction
§ 948.23(1)(a) Concealing death of child
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally concealed the corpse of a child with the specific intent to prevent the determination of whether the child was born dead or alive.
Elements of the Offense
- Conduct: The defendant conceals the corpse of any issue of a woman’s body.
- Intent: The defendant must have the intent to prevent a determination of whether the child was born dead or alive.
Jury Instruction
§ 948.30(1)(a) Abduction of another’s child: taking from home or custody
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is not the child’s parent by birth or adoption, took the child from the child’s home or from the custody of the child’s parent, guardian, or legal custodian. The defendant must have taken the child for an unlawful purpose.
Elements of the Offense
- Person: The defendant must be a person who is not the child’s parent by birth or adoption.
- Prohibited Conduct: The defendant takes the child from:
- The child’s home, or
- The custody of the child’s parent, guardian, or legal custodian.
- Victim: The victim must be a child who is not the defendant’s own by birth or adoption.
- Child: The abducted child was under the age of 18 years at the time of the taking.
- Unlawful Purpose: The defendant must have taken the child for any unlawful purpose.
Jury Instruction
§ 948.30(1)(b) Abduction of another’s child: detaining away from home
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is not the child’s parent by birth or adoption, intentionally detained the child while the child was away from home or away from the custody of the child’s parent, guardian, or legal custodian. The detention must have been for an unlawful purpose.
Elements of the Offense
- Person: The defendant must be a person who is not the child’s parent by birth or adoption.
- Prohibited Conduct: The defendant detains the child when the child is:
- Away from home, or
- Away from the custody of the child’s parent, guardian, or legal custodian.
- Victim: The victim must be a child who is not the defendant’s own by birth or adoption.
- Child: The child was under the age of 18 years at the time of the detention.
- Unlawful Purpose: The defendant must detain the child for any unlawful purpose.
Jury Instruction
§ 948.30(2)(a) Abduction of another’s child: taking by force or threat of force
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is not the child’s parent by birth or adoption, took the child from the child’s home or the custody of the child’s parent, guardian, or legal custodian. The taking must have been accomplished by the use of force or the threat of imminent force and must have been done for an unlawful purpose.
Elements of the Offense
- Person: The defendant must be a person who is not the child’s parent by birth or adoption.
- Prohibited Conduct: The defendant must take the child from:
- The child’s home, or
- The custody of the child's parent, guardian, or legal custodian.
- Use of Force or Threat: The taking of the child must be accomplished by:
- Force, or
- Threat of imminent force.
- Victim: The victim must be a child who is not the defendant’s own by birth or adoption.
- Child: The child was under the age of 18 years at the time of the taking.
- Unlawful Purpose: The defendant must take the child for any unlawful purpose.
Jury Instruction
§ 948.30(2)(b) Abduction of another’s child: detaining by force or threat of force
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is not the child’s parent by birth or adoption, intentionally detained the child while the child was away from home or away from the custody of the child’s parent, guardian, or legal custodian. The detention must have been accomplished by the use of force or the threat of imminent force and must have been done for an unlawful purpose.
Elements of the Offense
- Person: The defendant must be a person who is not the child’s parent by birth or adoption.
- Prohibited Conduct: The defendant detains the child when the child is:
- Away from home, or
- Away from the custody of the child's parent, guardian, or legal custodian.
- Use of Force or Threat: The detention of the child must be accomplished by:
- Force, or
- Threat of imminent force.
- Victim: The victim must be a child who is not the defendant’s own by birth or adoption.
- Child: The child was under the age of 18 years at the time of the detention.
- Unlawful Purpose: The defendant must detain the child for any unlawful purpose.
Jury Instruction
§ 948.31(1)(b) Interference with custody of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is not the legal custodian but has court-approved physical placement or visitation rights, intentionally caused a child to leave, took a child away, or withheld a child from the legal custodian for more than 12 hours beyond the approved period. The defendant must have acted with the intent to deprive the legal custodian of their custody rights, and this must have been done without the custodian’s consent.
Elements of the Offense
- Person: The defendant must be a person who has physical placement or visitation rights but is not the legal custodian of the child.
- Victim: The victim must be a child who is under the legal custody of another individual.
- Child: The child was under the age of 18 years at the time of the offense.
- Prohibited Conduct: The defendant intentionally causes the child to leave, takes the child away, or withholds the child from the legal custodian.
- Duration: The prohibited conduct must occur for more than 12 hours beyond the court-approved period of physical placement or visitation.
- Intent: The defendant must have the intent to deprive the legal custodian of his or her custody rights.
- Knowledge: The defendant knew that the custodian had legal custody of the child under a court order or a judgment, and knew that the custodian did not give consent to take away the child.*
- Lack of Consent: The conduct must occur without the consent of the legal custodian.
Jury Instruction
* The source of the knowledge requirement is § 939.23(3), which provides that whenever the word “intentionally” is used in a criminal statute, “the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word 'intentionally’.”
In State v. Britzke, 108 Wis.2d 675, 683, 324 N.W.2d 289 (Ct. App. 1982), the court of appeals interpreted the prior version of the statute defining this offense. The court held that knowledge of the existence of the court order is sufficient; it is not necessary to prove that the defendant knew the order had the effect of granting “legal custody.” [Affirmed on other grounds, 110 Wis. 728, 329 N.W.2d 207 (1983), per curiam.]
The Committee concluded that this means that knowledge of what “legal custody” means is not required. The intent element is satisfied if the defendant knew that the court order existed and knew that it had the effect of transferring the custody of the child. This is consistent with the court’s definition of “legal custody” as any custody transferred under a court order (even if that order affects only the “physical custody” of the child).
§ 948.31(2) Interference with custody of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is not the legal custodian of the child, intentionally caused the child to leave, took the child away, or withheld the child from the child’s parents or legal custodian for more than 12 hours without the consent of the parents, the mother in the case of a nonmarital child, or the father if he has been granted legal custody. The statute includes an exception for situations where the defendant has been granted legal custody by a court order.
Elements of the Offense
- Person: The defendant must be a person who is not the legal custodian of the child.
- Victim: The victim must be a child under the custody of their parents, or, in the case of a nonmarital child whose parents do not subsequently intermarry, under the custody of the child’s mother or, if legal custody has been granted, the child’s father.
- Child: The child was under the age of 18 years at the time of the offense.
- Prohibited Conduct: The defendant causes the child to leave, takes the child away, or withholds the child from the child’s parents or legal custodian.
- Duration: The prohibited conduct must occur for more than 12 hours.
- Lack of Consent: The conduct must occur without the consent of:
- The child’s parents, or
- In the case of a nonmarital child, the child’s mother, or
- The child's father if he has been granted legal custody.
Jury Instruction
§ 948.31(3)(a) Interference with the custody of a child by a parent: concealing a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is either the parent of the child or acting under the direction of the parent, intentionally concealed the child from the child’s other parent. This conduct must be done with the deliberate intent to prevent the other parent from knowing the child’s whereabouts.
Elements of the Offense
- Person: The defendant must be a parent of the child or a person acting under the direction of the parent.
- Prohibited Conduct: The defendant conceals the child.
- Victim: The child is concealed from the child’s other parent.
- Child: The child was under the age of 18 years at the time of the offense.
- Intent: The concealment must be intentional.
Jury Instruction
§ 948.40(1) Contributing to the delinquency of a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally encouraged or contributed to the delinquency of a child. This includes encouraging or contributing to an act by a child under the age of 10 that would be considered delinquent if committed by an older child.
Elements of the Offense
- Prohibited Conduct: The defendant encourages or contributes to the delinquency of a child.
- Child: The child was under the age of 18 years at the time of the offense.
- Victim: The victim must be a child, and the statute applies to:
- Children under the age of 10, where the act encouraged or contributed to would be considered delinquent if committed by a child 10 years of age or older.
- Children 10 years of age or older, where the act is considered delinquent.
- Intent: The defendant's actions must be intentional.
- [For a Class D felony:
Resulting Death: The delinquent act to which the defendant contributed or encouraged resulted in the death of the child.]
Jury Instruction
Wis JI-Criminal 2170
Wis JI-Criminal 2170A
§ 948.40(2) Contributing to the delinquency of a child by a person responsible for the child’s welfare
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is responsible for the welfare of a child, contributed to the delinquency of the child by disregarding the child’s welfare. This includes situations where the defendant’s neglect or failure to care for the child led to the child engaging in behavior that would be considered delinquent if the child were 10 years of age or older.
Elements of the Offense
- Person: The defendant must be a person responsible for the child’s welfare.
- Prohibited Conduct: The defendant contributes to the delinquency of the child through a disregard of the child’s welfare.
- Child: The child was under the age of 18 years at the time of the offense.
- Victim: The victim must be a child. The statute applies to:
- Children under the age of 10, where the act encouraged or contributed to would be considered delinquent if committed by a child 10 years of age or older.
- Children 10 years of age or older, where the act is considered delinquent.
Jury Instruction
§ 948.45 Contributing to truancy
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is 17 years of age or older, knowingly encouraged or contributed to the truancy of a person 17 years of age or under. The defendant's conduct, whether through an act or an omission, must have facilitated or promoted the minor’s unauthorized absence from school.
Elements of the Offense
- Person: The defendant must be a person 17 years of age or older.
- Prohibited Conduct: The defendant, by any act or omission, knowingly encourages or contributes to the truancy of another person.
- Knowledge: The defendant must act with knowledge, meaning they are aware that their actions or omissions are encouraging or contributing to the truancy.
- Victim: The person encouraged or contributed to truancy must be 17 years of age or under.
Jury Instruction
§ 948.53 Child unattended in a child care vehicle
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is responsible for a child’s welfare while the child is being transported in a child care vehicle, left the child unattended at any time from when the child was placed in their care until the child was handed over to another responsible person.
Elements of the Offense
- Victim: The victim must be a child placed in the care of the defendant.
- Person: The defendant must be a person responsible for the child’s welfare while the child is being transported in a child care vehicle.
- Prohibited Conduct: The defendant leaves the child unattended at any time during the period from when the child is placed in the care of that person until the child is placed in the care of another person responsible for the child’s welfare.
- Child: The child was under the age of 18 years at the time of the offense.
Jury Instruction
§ 948.55 Recklessly storing a firearm
Summary
To be guilty of this offense, the prosecution must prove that the defendant recklessly stored or left a loaded firearm within the reach or easy access of a child (under 14 years of age). The prosecution must also show that the child obtained the firearm without the lawful permission of their parent, guardian, or custodian, and subsequently discharged the firearm, causing bodily harm or death to themselves or another person.
Elements of the Offense
- Prohibited Conduct: The defendant must recklessly store or leave a loaded firearm in a manner that allows it to be within the reach or easy access of a child.
- Without Lawful Permission: A child obtains the firearm without the lawful permission of their parent, guardian, or the person in charge of the child.
- Resulting Conditions: The child discharges the firearm, and the discharge causes bodily harm or death to themselves or another person.
Jury Instruction
§ 948.60(2)(a) Possession of a dangerous weapon by a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant, who is under 18 years of age, either possessed or went armed with a dangerous weapon.
Elements of the Offense
- Person: The defendant must be under 18 years of age.
- Prohibited Conduct: The defendant either:
- Possesses a dangerous weapon, or
- Goes armed with a dangerous weapon.
Jury Instruction
§ 948.60(2)(b) Sale, loan, or gift of a dangerous weapon to a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally sold, loaned, or gave a dangerous weapon to a person under 18 years of age.
Elements of the Offense
- Prohibited Conduct: The defendant intentionally sells, loans, or gives a dangerous weapon or firearm to a child.
- Intent: The defendant’s actions must be intentional, meaning they knowingly and purposefully sold, loaned, or gave the dangerous weapon to the child.
- Knowledge: The defendant knew the object was a dangerous weapon or firearm*
- Child: The child was under the age of 18 years at the time the defendant sold, loaned, or gave the dangerous weapon.
- [For a Class I felony:
Resulting Death: The discharge of the firearm caused the death of the person under 18 or the death of another person.]
Jury Instruction
Wis JI-Criminal 2177
Wis JI-Criminal 2177A
* Section 939.23(3) provides that “intentionally” requires knowledge of all facts necessary to make the conduct criminal and appearing after the word "intentionally" in the statute.
§ 948.605(2) Possession of a firearm in a school zone
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly possessed a firearm either on school grounds or within 1,000 feet of the school grounds.
Elements of the Offense
- Prohibited Conduct: The defendant knowingly possesses a firearm.
- Location: The offense can occur in two distinct locations:
- On School Grounds: The defendant possesses a firearm at a place that they know, or have reasonable cause to believe, is on the grounds of a school.
- Within 1,000 Feet of School Grounds: The defendant possesses a firearm within 1,000 feet of the grounds of a school.
- Knowledge: The defendant must know, or have reasonable cause to believe, that they are in a school zone (either on the school grounds or within 1,000 feet of the school).
Jury Instruction
§ 948.605(3) Discharge of a firearm in a school zone
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly or recklessly discharged or attempted to discharge a firearm in a school zone, with knowledge that they were in a school zone.
Elements of the Offense
- Prohibited Conduct: The defendant either:
- Mental State: The defendant acts with:
- Knowledge: The defendant knows they are discharging or attempting to discharge the firearm in a school zone, or
- Reckless Disregard: The defendant acts with reckless disregard for the safety of another person while discharging or attempting to discharge the firearm.
- Location: The discharge or attempted discharge occurs at a place that the defendant knows is a school zone.
Jury Instruction
§ 948.61 Dangerous weapons other than firearms on school premises
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly possessed or was armed with a dangerous weapon while on school premises.
Elements of the Offense
- Possession or Being Armed with a Dangerous Weapon: The defendant must knowingly possess or go armed with a dangerous weapon.
- Location: The act must occur on school premises.
Jury Instruction
§ 948.62 Receiving stolen property from a child
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally received or concealed stolen property from a child. The classification of the offense depends on the value of the stolen property or if the property is a firearm.
Elements of the Offense
- Intentionally Receiving or Concealing Stolen Property: The defendant must intentionally receive stolen property from a child.
- Alternatively, the defendant must intentionally conceal stolen property that was received from a child.
- Age of the Child: The child must be under the age of 18 at the time of the property is received.
Jury Instruction
Updated January 2025