{"id":377341,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-23T08:16:18","modified_gmt":"2023-01-23T13:16:18","slug":"wisconsin-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Wisconsin Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Wisconsin Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Everyone is aware that nonconsensual sex, such as sexual assault and rape, is illegal. For the most part, consensual sex between two adults is none of the state’s business. But when does consensual sexual activity go from a private matter to a criminal act? For the most part, when it’s done in public or when it exposes children to harm. While some of these prohibitions, like flashing or sex in public, are obviously illegal, some others are not as well-known.<\/p>\r\n

This article provides a brief overview of Wisconsin laws prohibiting certain consensual sex acts. Keep in mind that "consent" is a legal term defined by state criminal law. For example, it is impossible for anyone under the age of 16 to consent to sexual activity in Wisconsin.<\/p>\r\n

History of Prohibited Consensual Sexual Activity Laws<\/h2>\r\n

There are voluntary activities that are regulated under state consensual sexual activity laws in all jurisdictions<\/a>. Most of the time, these guidelines reflect the social and political norms of the particular state at the time the laws were created and thus are subject to change over time. While any kind of non-consensual sex is a crime, most states at one time enforced anti-sodomy laws between consenting partners. These laws have since been struck down in Lawrence v. Texas<\/a> <\/i>(2003) since they unconstitutionally singled-out same-sex couples.<\/p>\r\n

Prohibited Consensual Sexual Activity Laws in Wisconsin<\/h2>\r\n

The major provisions of Wisconsin’s prohibited consensual sexual activity laws are highlighted in the following chart. See FindLaw’s Sex Crimes<\/a> section to learn more about prohibited non-consensual sex acts.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

There is no anti-sodomy statute in Wisconsin.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

There is no penalty for sodomy in Wisconsin.<\/p>\r\n<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Under Wis. Stat. \u00a7 968.38<\/a>, in a criminal action for sexual assault, the district attorney or victim may request the court order the defendant to undergo HIV or STI testing.<\/p>\r\n<\/td>\r\n<\/tr>

Other Crimes Relating to Consensual Sex Acts<\/p>\r\n<\/th>\r\n

Other Crimes Relating to Non-consensual Sex Acts<\/p>\r\n<\/th>\r\n