1. Sexual Activity & the Law
Tina Bowman, CSW
Clark County Department of
Social Services

2. Outline WI Laws Regarding Sexual Activity
Definitions
WI Laws Regarding Sexual Activity
Court Ordered Reproductive Health (CORH)
Emerging technology

3. Sexual Contact ss (5)
Intentional touching, whether direct or through clothing, for the purpose of sexually degrading or sexually humiliating the complainant or sexually arousing or gratifying the defendant:
948.01(5)(a)1. 1. Intentional touching by the defendant or, upon the defendant's instruction, by another person, by the use of any body part or object, of the complainant's intimate parts.
948.01(5)(a)2. 2. Intentional touching by the complainant, by the use of any body part or object, of the defendant's intimate parts or, if done upon the defendant's instructions, the intimate parts of another person.

4. 948.01(5)(b) (b) Intentional penile ejaculation or intentional emission of urine or feces by the defendant or, upon the defendant's instruction, by another person upon any part of the body clothed or unclothed of the complainant if that ejaculation or emission is either for the purpose of sexually degrading or sexually humiliating the complainant or for the purpose of sexually arousing or gratifying the defendant.

5. Sexual Intercourse ss. 948.01(6)
vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by the defendant or upon the defendant's instruction. The emission of semen is not required.

6. Sexually explicit conduct ss. 948.01(7)
means actual or simulated sexual intercourse
Bestiality;
Masturbation;
Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or
Lewd exhibition of intimate parts.

7. Sexual Assault of a Child ss. 948.02
(1)  First degree sexual assault.
(am) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony.
(b) Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony.
(c) Whoever has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony.
(d) Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs.
(e) Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony.

8. (2) Second degree sexual assault
(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.

9. Who is a Child? ss (1)
"Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.

10. Consider These Thoughts!
Can my partner and I get in trouble for having intercourse if we both say it’s okay??

11. YES!
It may be okay with you, but it’s not okay with the WI Law. WI law makes it illegal for anyone under the age of 18 to say yes to sexual intercourse.

12. Consider These Thoughts!
My boyfriend is 18, and I will be 18 next week. Does the law affect us??

13. Yes!
Even if you turn 18 tomorrow, you’re not old enough to give consent to sexual intercourse today. Your boyfriend could be charged with a misdemeanor offense. He could face a $10,000 fine and up to 9 months in jail.

14. Consider These Thoughts!
Is it okay if we just fool around and don’t actually have sex, as long as we both give permission?

15. No!!
This is sexual contact. Under WI law, only people age 16 or over can consent to sexual contact. Anyone who has sexual contact with someone under 16 has committed the crime of sexual assault.
If two people under 16 have sexual contact, both of them have committed a crime under WI law. One or both could be charged with a crime or referred to juvenile court.

16. Consider These Thoughts!
Can you get taken to court if neither one of you presses charges?

17. Yes!!
The state can prosecute a case of sexual assault even when the individuals involved don’t press charges.

18. Court Ordered Reproductive Health (CORH)
Health Department, Social Services, and District Attorney (DA) work together
Receive referrals from Juvenile Court Intake, schools, parents, teens, Sherriff’s Department, etc.
If you engage in sexual activity underage and it’s reported, the case gets sent to the Juvenile Court Intake Worker (if under age 17) or the District Attorney (if age 17 or over); Juvenile Intake works with the DA in these situations.
Required to comply with the DA’s terms-Usually you have to meet with the Clark County Reproductive Health Nurse for education/counseling on abstinence, sexual health, male and female reproductive health, the laws in regards to sexual health, STI’s, birth control options, and pregnancy prevention, write a paper, and perform other activities as required

19. Court Ordered Reproductive Health (CORH) Continued
Legal Consequences of Sexual Activity Underage
Deferred Prosecution with CORH education is the minimum consequence
Depending on the severity of the offense, you could face:
felony or misdemeanor charges, sex offender registration, no contact with anyone under age 18, loss of right to possess firearms, loss of housing opportunities, loss of job opportunities.

20. Emotional consequences
Could affect the relationship with your partner, parents, friends, and could cause loss of self respect/self-esteem

21. Sexual Activity Reported
8.3% of Middle School Students in Clark County said they have had sexual intercourse (County Aggregate YRBS Data )
41.2 % of Clark County High School students said they have had sexual intercourse
3.1 % of Clark County High School students who had sexual intercourse for the first time said they were below age 13
35.1 % of Clark County High School students said they had sexual intercourse with 1 or more people in the past 3 months (County Aggregate YRBS Data )
10% of WI HS students had sexual intercourse with 4 or more persons during their life (WI YRBS Data-2011)
36% of WI HS students did not use a condom during last sexual intercourse (WI YRBS Data-2011)
66% of WI HS students did not use birth control pills, nuva ring or any other kind of birth control method before last sexual intercourse (WI YRBS data-2011)
20% of WI HS students drank alcohol or used drugs before last sexual intercourse (WI YRBS data-2011)

22. What’s new?
Widespread cell phone use
Social media
Social apps

23. Possession of Child Pornography ss. 948.12
(1m) Whoever possesses, or accesses in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct under all of the following circumstances may be penalized under sub. (3):
(a) The person knows that he or she possesses or has accessed the material.
(b) The person knows, or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct.
(c) The person knows 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.

24. (2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, may be penalized under sub. (3):
(a) The person knows that he or she has exhibited or played the recording.
(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.
(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.

25. Penalties ss (3)
(a) Except as provided in par. (b), a person who violates sub. (1m) or (2m) is guilty of a Class D felony.
(b) A person who violates sub. (1m) or (2m) is guilty of a Class I felony if the person is under 18 years of age when the offense occurs.

26. Exposing genitals or pubic area ss. 948.10
(1) Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes genitals or pubic area to a child is guilty of the following:
(a) Except as provided in par. (b), a Class I felony.
(b) A Class A misdemeanor if any of the following applies:
1. The actor is a child when the violation occurs.
2. At the time of the violation, the actor had not attained the age of 19 years and was not more than 4 years older than the child.

27. Criminal Offense Penalties For Adults
Felonies: A – Life imprisonment B - Not more than 60 years C – Not more than 40 years and/or $100,000 D - Not more than 25 years and/or $100,000 E - Not more than 15 years and/or $50,000 F - Not more than 12.5 years and/or $25,000 G - Not more than 10 years and/or $25,000 H - Not more than 6 years and/or $10,000 I - Not more than 3.5 years and/or $10,000

28. Misdemeanors: A - Not more than 9 months and/or $10,000 B - Not more than 90 days and/or $1,000 C - Not more than 30 days and/or $500

29. Remember… Pictures never go away.
Facebook, Snapchat, etc. save your images.
Even if you delete it is still saved.
Do you really know who is on the other end?
Is it really worth it?