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Legal Information: Wisconsin

Statutes: Wisconsin

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Updated: 
July 16, 2020

948.025. Engaging in repeated acts of sexual assault of the same child

(1) Whoever commits 3 or more violations under s. 948.02(1) or (2) within a specified period of time involving the same child is guilty of:

(a) A Class A felony if at least 3 of the violations were violations of s. 948.02(1)(am).

(b) A Class B felony if at least 3 of the violations were violations of s. 948.02(1)(am), (b), or (c).

(c) A Class B felony if at least 3 of the violations were violations of s. 948.02(1)(am), (b), (c), or (d).

(d) A Class B felony if at least 3 of the violations were violations of s. 948.02(1).

(e) A Class C felony if at least 3 of the violations were violations of s. 948.02(1) or (2).

(2)(a) If an action under sub. (1)(a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

(b) If an action under sub. (1)(b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am), (b), or (c) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1)(am), (b), or (c).

(c) If an action under sub. (1)(c) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1)(am), (b), (c), or (d) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1)(am), (b), (c), or (d).

(d) If an action under sub. (1)(d) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

(e) If an action under sub. (1)(e) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02(1) or (2) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of s. 948.02(1) or (2).

(3) The state may not charge in the same action a defendant with a violation of this section and with a violation involving the same child under s. 948.02 or 948.10, unless the other violation occurred outside of the time period applicable under sub. (1). This subsection does not prohibit a conviction for an included crime under s. 939.66 when the defendant is charged with a violation of this section.