Legal Question in Personal Injury in Wisconsin

sexual assault

difference between first degree and second degree


Asked on 1/19/09, 9:49 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: sexual assault

Wisconsin Statutes Section 940.225 (1) provides for the First Degree Sexual Assault elements, and is a Calss B Felony, and Section 940.225 (2) provides for the Second Degreee Sexual Assault elements, and is a Class C Felony. Generally, First Degree would appear to require causing pregnancy or great bodily harm; use or threat of use of a dangerous weapon, or use of an article pretending to be a weapon; or being aided or abetted by one or more others who have sexual contact or sexual intercourse with the other person by use or threat of force or violence. Second Degree has lesser elements. I would suggest that you follow-up with a criminal defense attorney should you have further questions.

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Answered on 1/19/09, 11:18 am


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