State Guide
Age of Consent in Wisconsin
A plain-English guide to the age of consent in Wisconsin, cited to Wis. Stat. §§ 948.02 and 948.09. This guide confirmed that a close-in-age carve-out exists by name, but could not retrieve its specific substantive terms.
Carve-out confirmed to exist (§ 948.093); exact terms unconfirmedWisconsin at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Wis. Stat. § 948.02(2) (Second Degree Sexual Assault of a Child) |
| Core offense | Contact or intercourse, victim under 16, any offender age |
| Confirmed carve-out reference | § 948.093, “Underage Sexual Activity” — exact terms unconfirmed |
| 16–17 tier | § 948.09, not covered if offender is under 19 |
Overview
Wisconsin sets its age of consent at 16. Wis. Stat. Section 948.02(2) makes it second-degree sexual assault of a child, a Class C felony, for anyone to have sexual contact or intercourse with someone under 16, regardless of the offender’s own age. The statute text itself states directly that “this subsection does not apply if s. 948.093 applies,” confirming that a named close-in-age carve-out exists.
Age of consent in Wisconsin
Section 948.02(2) applies to any sexual contact or intercourse with someone under 16, except where Section 948.093 applies. A separate statute, Section 948.09, addresses sexual intercourse specifically with someone who has attained 16, and only applies where the defendant has attained 19.
Close-in-age rules in Wisconsin
For a victim under 16, Section 948.02(2) applies to any offender regardless of age, unless Section 948.093, “underage sexual activity,” applies instead. This guide confirmed the existence and name of this carve-out directly in the primary statute text, but could not retrieve 948.093’s own substantive conditions from an official source in the course of this research.
Exceptions and defenses
Section 948.02(4) states that marriage is not a bar to prosecution under that section. Section 948.09 excludes the defendant’s spouse from its coverage. Wisconsin courts have also held that if a defendant can show they did not consent to the intercourse, meaning the minor forced the encounter, the conduct does not constitute a crime under Section 948.02, since the statute is understood to require some degree of willingness from the older participant.
Applicable statutes
The codified Wisconsin law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and a 17-year-old, close in age. This guide cannot state with confidence whether Section 948.093 exempts this conduct, since its specific terms were not confirmed.
Example 2. A 17-year-old and an 18-year-old, sexual intercourse. Because the offender has not attained 19, Section 948.09 does not reach this conduct.
Example 3. A 17-year-old and a 22-year-old, sexual intercourse. Because the offender has attained 19, Section 948.09 applies, a Class A misdemeanor.
Frequently asked questions about Wisconsin
What is the age of consent in Wisconsin?
16. Wis. Stat. Section 948.02(2) makes sexual contact or intercourse with anyone under 16 a felony, regardless of the offender’s own age.
Does Wisconsin have a Romeo and Juliet law?
The statute confirms one exists by name: Section 948.093, “underage sexual activity,” is directly cross-referenced as a carve-out from the core offense. This guide could not confirm its specific age or gap terms from an official source, and reports this gap rather than guessing.
What about 16 and 17 year olds?
A separate statute, Section 948.09, covers sexual intercourse with someone 16 or older, but only applies if the offender has attained 19. This part is directly confirmed.
Are married couples treated differently?
Marriage is explicitly not a bar to prosecution under Section 948.02. Section 948.09 does exclude the defendant’s spouse from its own coverage.
Why doesn’t this guide describe Section 948.093’s exact rule?
Because this guide could not independently verify its substantive text from an official source during its research, and does not want to present an unconfirmed guess as settled law.
Official sources
Primary and official sources this guide is built from.
Confirmed vs. unconfirmed claims
This guide separates what it verified from what it could not.
| Claim | Status |
|---|---|
| § 948.02(2) applies regardless of offender age, victim under 16 | Confirmed directly |
| § 948.093 exists as a named carve-out | Confirmed directly |
| § 948.093’s specific age/gap terms | Not confirmed by this guide |
| § 948.09 requires offender to have attained 19 | Confirmed directly |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted directly from the Wisconsin Statutes via the official Wisconsin Legislature website.
Pending attorney review
This guide has not yet been checked by a licensed Wisconsin attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects Wis. Stat. §§ 948.02 and 948.09 as of 27 July 2026, drawn directly from the official Wisconsin Legislature website. It has not yet been reviewed by a licensed Wisconsin attorney. A specific, named gap is flagged above: Section 948.093, “underage sexual activity,” is confirmed to exist and is directly cross-referenced in Section 948.02(2), but this guide could not retrieve its substantive age or gap terms from an official source. This should be the first item resolved in any future review, ideally by retrieving the full current text of Section 948.093 directly.