Fourth Degree Sexual Assault in Wisconsin: Penalties and Registration

Fourth-degree sexual assault in Wisconsin is a Class A misdemeanor covering intentional, non-consensual sexual contact that does not involve intercourse or the specific conduct that pushes a case into third degree. A conviction carries up to nine months in jail and a fine of up to $10,000.¹ It is the least severe tier in Wisconsin’s four-level sexual assault structure, but “least severe” understates what a conviction actually does. Mandatory surcharges, possible sex offender registration, and a criminal record that surfaces on background checks all follow.

What the Statute Prohibits

Wisconsin Statute 940.225(3m) defines the offense in two elements: intentional sexual contact, and the absence of consent.² No force, no threat, and no physical injury need to be proven. The prosecutor’s job is to establish those two facts and nothing more.

“Sexual contact” is broader than most people assume. It covers intentional touching of another person’s intimate parts, whether directly or through clothing, when the touching is done for sexual arousal, sexual gratification, or to sexually degrade or humiliate the other person.³ It also reaches instructing another person to perform that touching. The definition is wider than the everyday meaning of the phrase, and that gap catches people.

What “Without Consent” Means

Consent under the statute requires words or overt actions from someone competent to give informed agreement, showing freely given permission for the sexual contact.² Silence is not consent. A lack of resistance is not consent.

Two categories of people are presumed incapable of consenting, though the presumption can be rebutted with evidence: those suffering from a mental illness or condition that impairs their ability to evaluate their conduct, and those who are unconscious or physically unable to communicate an objection.³

Why the Line Between Third and Fourth Degree Matters

The line separates a misdemeanor from a felony. Third-degree sexual assault under 940.225(3) reaches sexual intercourse without consent, and certain non-consensual sexual contact that involves ejaculation or emission of bodily fluids directed at or forced upon the other person.² Third degree is a Class G felony carrying up to ten years in prison.

Fourth degree fills the space that third degree does not. The statute expressly says “except as provided in sub. (3),” so any non-consensual sexual contact that falls outside the conduct third degree describes is a Class A misdemeanor.² In practice this typically means unwanted touching of intimate areas. Whether a case charges up or down the ladder often turns on narrow factual questions about what the prosecution can prove.

Penalties

A Class A misdemeanor conviction carries a maximum of nine months in jail, a fine of up to $10,000, or both.¹ Within those limits judges have wide discretion. Prior convictions for similar offenses, an assault targeting someone in a vulnerable setting, and the severity of the impact on the victim push sentences toward the maximum. Courts sometimes impose probation with conditions such as counseling or community service in place of jail.

Repeat offenders should expect the statutory ceiling to be in play. Prosecutors routinely ask for it, and judges are generally receptive.

Mandatory Surcharges

The fine is not the whole bill. Wisconsin law tacks on surcharges that the court cannot waive or reduce. For a single misdemeanor conviction, the reader should expect at minimum:

A $67 crime victim and witness surcharge per misdemeanor count.⁴
A $200 DNA analysis surcharge per misdemeanor conviction.⁵
A $20 crime prevention funding board surcharge per count, if the county has established such a board.

That is at least $267 in surcharges before any fine is imposed. Restitution to the victim for expenses such as counseling or medical treatment is separate and comes on top.

Sex Offender Registration

Registration is not automatic on a fourth-degree conviction. The court has discretion under Wisconsin Statute 973.048 to order it if the offense was sexually motivated and registration serves public protection.⁶ Judges weigh criminal history, risk assessments, and the circumstances of the offense.

If registration is ordered, you must give the Wisconsin Department of Corrections your address, employment, vehicle information, and other personal details, and keep that information current. The registration period depends on the court’s order and the nature of the offense, but it is typically measured in years.

A knowing failure to comply with registration requirements is generally a Class H felony, punishable by up to six years in prison.⁶ A misdemeanor conviction can therefore create felony exposure later if registration is ordered and the person falls behind.

How Long Prosecutors Have to File

Prosecutors have three years from the date of the offense to bring a fourth-degree sexual assault charge. Wisconsin Statute 939.74(1) sets a three-year limitations period for all misdemeanors, and prosecution is treated as commenced once a warrant or summons issues, an indictment is found, or an information is filed.⁷ If none of those things happen within three years, the charge cannot be brought. Felony sexual assault charges in Wisconsin carry a longer six-year window.

Expungement Eligibility

Expungement is possible but narrow. Under Statute 973.015 the court may order expungement at sentencing if the defendant was under 25 when the offense was committed, the offense carries a maximum sentence of six years or less, and the court finds the person will benefit without harm to society.⁸ A nine-month maximum clears the sentence-length threshold.

The timing rule is what trips people up. The court must grant expungement at sentencing. A judge who does not order it then cannot add it later, and you cannot come back years afterward to ask. If the court also orders sex offender registration, the practical odds of getting expungement drop, because the registration requirement pulls against the finding that the person will benefit without harm to the public. Anyone who might qualify needs to raise expungement before the sentencing hearing.

What a Conviction Does to the Rest of Your Life

A misdemeanor sexual assault conviction shows up on criminal background checks and Wisconsin employers can consider it in hiring. EEOC guidance asks employers to weigh the seriousness of the offense, the time that has passed, and the relevance to the job rather than imposing blanket bans.⁹ In practice, any record with the phrase “sexual assault” creates real problems in fields involving vulnerable populations, including healthcare, education, and childcare.

Housing is similar. For federally assisted housing, the rules turn on registration. A lifetime sex offender registration triggers a mandatory denial from public housing programs. A registration requirement shorter than life does not by itself disqualify a HUD applicant, though the housing authority can still consider underlying criminal conduct that threatens other residents’ safety.¹⁰ Private landlords apply their own criteria and many reject applicants with any sexual assault conviction.

Professional licensing boards can also discipline based on the conviction. The outcome varies by profession, but suspension or revocation is a real possibility in licensed fields.

How the Case Moves Through Court

Because this is a misdemeanor, there is no grand jury. The prosecutor files a criminal complaint directly. At the initial appearance in circuit court the defendant hears the formal charge, enters a plea, and gets bail and release conditions set. Courts often impose no-contact orders protecting the alleged victim.

Pretrial hearings handle motions to dismiss, suppress evidence, or limit testimony. The prosecution has to prove non-consensual sexual contact beyond a reasonable doubt, and the strength of the evidence at this stage often shapes any plea offer. If the case goes to trial, consent is usually the central fight. A conviction leads to a separate sentencing hearing where the judge weighs aggravating and mitigating factors within the misdemeanor maximums.

1
Wisconsin State Legislature. Wisconsin Statutes 939.51 – Classification of Misdemeanors
2
Wisconsin State Legislature. Wisconsin Code 940.225 – Sexual Assault
3
Wisconsin State Legislature. Wisconsin Code 940.225 – Sexual Assault
4
Wisconsin State Legislature. Wisconsin Statutes 973.045 – Crime Victim and Witness Assistance Surcharge
5
Wisconsin State Legislature. Wisconsin Statutes 973.046 – Deoxyribonucleic Acid Analysis Surcharge
6
Wisconsin State Legislature. Wisconsin Code 301.45 – Sex Offender Registration
7
Wisconsin State Legislature. Wisconsin Statutes 939.74(1) – Time Limitations on Prosecutions
8
Wisconsin State Legislature. Wisconsin Statutes 973.015 – Special Disposition
9
U.S. Equal Employment Opportunity Commission. Arrest and Conviction Records: Resources for Job Seekers, Workers and Employers
10
Department of Housing and Urban Development. State Registered Lifetime Sex Offenders in the Housing Choice Voucher and Public Housing Programs FAQ