Wisconsin does not have a Romeo and Juliet law in the formal sense, but its statutes are built around the ages of both people, so close-in-age couples are treated very differently depending on where those ages fall. Above 16, the law leaves real room for age-gap relationships. Below 16, it doesn’t.
The Age Lines That Actually Matter
Wisconsin sets the age of consent for sexual intercourse at 18, which puts it among roughly a dozen states with a bar that high.1Wisconsin State Legislature. Wisconsin Code 948.09 – Sexual Intercourse with a Child Age 16 or Older Sexual contact is treated differently. The felony child sexual assault statute only reaches sexual contact or intercourse with someone who has not yet turned 16, so the effective age of consent for sexual contact in most situations is 16.2Wisconsin State Legislature. Wisconsin Code 948.02 – Sexual Assault of a Child
That creates a three-tier system. Any sexual activity with a child under 13 draws the harshest penalties. Sexual contact or intercourse with someone under 16 is a serious felony. Intercourse with a 16- or 17-year-old is a misdemeanor, and only when the older person is 19 or older.
What Happens With 16- and 17-Year-Olds
The statute closest to a close-in-age provision is section 948.09. It makes it a Class A misdemeanor for anyone who has “attained the age of 19 years” to have sexual intercourse with a person who is 16 or 17.1Wisconsin State Legislature. Wisconsin Code 948.09 – Sexual Intercourse with a Child Age 16 or Older A Class A misdemeanor carries up to nine months in jail and a $10,000 fine.3Wisconsin State Legislature. Wisconsin Code 939.51 – Classification of Misdemeanors
Because 948.09 only applies to defendants 19 and older, and because the felony statute only covers victims under 16, an 18-year-old who has intercourse with a 16- or 17-year-old falls outside both statutes. That pairing is effectively non-criminal for intercourse purposes. The same gap applies to sexual contact with a 16- or 17-year-old regardless of the older person’s age, because no separate statute criminalizes that conduct on its own.
So the practical picture above 16 looks like this: an 18-year-old with a 16- or 17-year-old faces no charge for intercourse, and a 19-year-old in the same situation faces a misdemeanor rather than a felony. That’s the breathing room Wisconsin actually provides.
Under 16, the Leniency Disappears
When the younger person has not turned 16, Wisconsin treats the situation as a serious felony and offers no close-in-age exception. The class depends on the child’s age and whether force was involved.
- Sexual contact or intercourse with someone under 16, without force, is second-degree sexual assault of a child, a Class C felony punishable by up to 40 years in prison and a $100,000 fine.2Wisconsin State Legislature. Wisconsin Code 948.02 – Sexual Assault of a Child4Wisconsin State Legislature. Wisconsin Code 939.50 – Classification of Felonies
- With force or the threat of force, the charge becomes a Class B felony carrying up to 60 years.2Wisconsin State Legislature. Wisconsin Code 948.02 – Sexual Assault of a Child
- Any sexual contact or intercourse with a child under 13 is a Class B felony with the same 60-year maximum, regardless of force.2Wisconsin State Legislature. Wisconsin Code 948.02 – Sexual Assault of a Child
Nothing in the statute carves out an exception for two teenagers close in age. A 15-year-old who has sexual contact with a 14-year-old can technically face the same Class C felony as an adult. The Wisconsin Court of Appeals confirmed this in the 2015 case State v. Colton M., holding that a juvenile under 16 can be both a victim and an offender under the statute and that strict liability applies.
Prosecutors exercise discretion about whether to charge mutual, age-appropriate conduct between minors, but the authority is there. Parents of teenagers should understand that Wisconsin law provides no safe harbor for consensual activity between peers under 16.
There Is No Mistake-of-Age Defense
A defendant cannot argue that they reasonably believed the younger person was old enough to consent. Even if the minor lied outright or produced a fake ID, that is not a defense. In State v. Jadowski (2004), the Wisconsin Supreme Court held that the child sexual assault statute, read with the criminal code’s mistake-of-fact provision, bars any defense based on a child’s intentional misrepresentation of age. The court also held that the strict liability approach does not violate the Fourteenth Amendment.
This matters most at the boundaries. If someone honestly believes a 15-year-old is 16, the difference between a felony carrying decades in prison and no crime at all comes down to the younger person’s actual birthday.
Positions of Authority Change the Analysis
The more lenient provisions above do not apply when the older person holds a position of trust or authority. Section 948.093 covers caregivers and supervisors, and section 948.095 covers school staff, and both override the framework that would otherwise apply. Section 948.02 expressly notes that its second-degree provision does not apply when 948.093 governs instead.2Wisconsin State Legislature. Wisconsin Code 948.02 – Sexual Assault of a Child The 948.09 misdemeanor is likewise unavailable to someone with authority over the minor. Teachers, coaches, counselors, and foster parents fall into these categories.
Registration and Longer-Term Consequences
Whether a conviction requires sex offender registration depends on which statute the person is convicted under. Wisconsin’s registration law lists specific qualifying offenses. Convictions under 948.02 are on that list. A conviction under the 948.09 misdemeanor is not.5Wisconsin State Legislature. Wisconsin Code 301.45 – Sex Offender Registration
That is one of the most important practical differences in Wisconsin’s structure. Someone convicted of the 948.09 misdemeanor is not automatically placed on the registry. A court can still order registration for any conviction it finds was “sexually motivated,” so it is not impossible, just not automatic.6Wisconsin State Legislature. Registration as a Sex Offender
For a 948.02 conviction, registration is mandatory. The standard period is 15 years, and certain offenses require lifetime registration.6Wisconsin State Legislature. Registration as a Sex Offender Lifetime registrants also face federal consequences, including a ban on admission to federally assisted public housing.7Office of the Law Revision Counsel. 42 USC 13663 – Ineligibility of Dangerous Sex Offenders for Admission to Public Housing Any felony conviction, including under 948.02, also triggers the federal lifetime firearms prohibition that applies to anyone convicted of a crime punishable by more than a year of imprisonment.8Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Anyone required to register must carry a passport bearing an identifier stating that the bearer was convicted of a sex offense against a minor, and passport cards are not issued to covered sex offenders at all.9U.S. Department of State. Passports and International Megan’s Law
Wisconsin’s approach rewards a careful reading. Above 16, the age-based tiers do much of the work a formal Romeo and Juliet exemption would do elsewhere. Below 16, the strict-liability structure means the child’s actual age, down to the day, decides whether the conduct is no crime, a misdemeanor, or a felony carrying decades in prison.