Wisconsin does not have a broad “Romeo and Juliet law” that automatically exempts sexual conduct from criminal liability simply because two people are close in age. Instead, Wisconsin law contains separate statutes that apply differently depending on the ages involved, the type of alleged conduct, the relationship between the people involved, and other case-specific facts.
A small age gap, a dating relationship, or one person’s apparent agreement should never be treated as automatic legal protection. Allegations involving a minor can lead to serious consequences, and the applicable statute must be evaluated carefully.
Schiro Criminal Defense represents individuals facing sex-crime allegations in Milwaukee. For a confidential discussion of your situation, call (414) 277-9696.
What Is a Romeo and Juliet Law?
A Romeo and Juliet law generally refers to a statutory provision that reduces or eliminates criminal liability for consensual sexual activity between two people who are close in age, even when one or both are minors, provided the age gap falls within a specific, narrow range defined by the statute.
States that have these laws typically use them to distinguish between predatory conduct involving a significant age gap and relationships involving people close in age to one another.
Why Close-in-Age Laws Matter in Sex Crime Cases
These laws exist because many states' age of consent statutes would otherwise criminalize sexual activity between two teenagers of similar age, an outcome many legislatures have determined does not reflect the same public safety concerns as an adult engaging in sexual conduct with a significantly younger minor.
Whether a state has adopted this kind of provision, and exactly how it is structured, varies considerably from state to state.
Does Wisconsin Have a Romeo and Juliet Law?
Not in the broad sense commonly associated with that term. Wisconsin does not provide a general close-in-age exception that automatically makes sexual conduct lawful because the people involved are only a few years apart.
Wisconsin does, however, have several statutes that distinguish among ages and types of conduct in limited circumstances. These statutes may affect what offense is alleged or how an offense is classified, but they do not create a universal safe harbor for dating or sexual relationships involving minors. The specific facts and the statute at issue matter.
Wisconsin’s Limited Age-Based Provisions
Wisconsin law includes several narrowly drawn provisions that may be relevant in cases involving teenagers or young adults. They should not be confused with a general Romeo and Juliet exception.
Wis. Stat. § 948.09 addresses sexual intercourse involving a person who is 19 or older and a nonspouse who is 16 or 17. The statute classifies that conduct as a Class A misdemeanor.
Wis. Stat. § 948.093 addresses specified sexual contact or intercourse involving a 15-year-old when the actor has not attained age 19. It is also a Class A misdemeanor provision in the circumstances defined by the statute.
Wis. Stat. § 948.10 includes a limited age-based classification provision for certain exposure-related conduct. When the actor is under 19 and no more than four years older than the child, the statute may classify the specified offense as a misdemeanor rather than a felony. This is not a general “four-year rule” and does not apply to every allegation involving people close in age.
Because these statutes are conduct-specific and age-specific, no one should attempt to determine criminal exposure based solely on an age gap or the phrase “Romeo and Juliet law.”
Wisconsin's Age of Consent Rules
Wisconsin's age of consent is 18. This means that with limited, narrow statutory exceptions such as those discussed above, an adult who engages in sexual contact or intercourse with someone under 18 can face serious criminal charges under Wisconsin's child sexual assault statutes, regardless of the minor's stated consent.
Relationships Involving Teachers, Coaches, and Other Authority Figures
Wisconsin law imposes additional, heightened scrutiny and separate criminal provisions when the adult involved holds a position of authority or trust over the minor, such as a teacher, coach, or caregiver. These cases are treated with particular seriousness under Wisconsin law given the power imbalance and breach of trust involved.
How Wisconsin Handles Allegations Involving Minors
Wisconsin law also includes statutes addressing alleged conduct involving sexual images, in-person conduct, and some electronic communications. These statutes have different elements, age thresholds, and potential defenses. For that reason, online messages, images, and in-person conduct should not be treated as legally interchangeable.
Possible Criminal Consequences in Wisconsin
Wisconsin's sex crime statutes carry serious felony-level penalties in most circumstances, including significant potential prison time and mandatory sex offender registration upon conviction.
The exact penalties depend heavily on the specific statute charged, the ages of the individuals involved, and the nature of the alleged conduct.
Consequences Beyond Jail or Prison
Beyond incarceration, a conviction under Wisconsin's sex crime statutes can carry lasting consequences, including mandatory sex offender registration, restrictions on housing and employment, and significant impacts on personal and family relationships that extend well beyond the criminal case itself.
What Should You Do if You Are Under Investigation?
If you believe you are under investigation for a sex crime allegation involving a minor in Wisconsin, avoid discussing the situation with law enforcement, any person involved in the allegation, or their family without legal representation present. Statements made early in an investigation, even ones intended to clarify or explain a situation, can significantly affect the direction a case takes.
How Schiro Criminal Defense Can Help
Schiro Criminal Defense’s sex crime attorneys can review every detail and applicable statute in each case, including whether any of Wisconsin's narrow age-related provisions may genuinely apply to the specific charge involved, rather than relying on assumptions about what protections might exist.
Depending on the nature of the allegation, this may also involve our indecent exposure or sexual assault defense, each of which requires a distinct understanding of the relevant Wisconsin statutes and how they apply to the specific facts of your case. We take the time to understand exactly what you are facing before building a defense strategy, so you know where you actually stand rather than guessing.
If you are under investigation or facing a sex crime charge in Milwaukee, do not wait to get legal guidance. Contact Schiro Criminal Defense at (414) 277-9696 to discuss your situation.
Frequently Asked Questions About Romeo and Juliet Laws in Wisconsin
Can an 18-Year-Old Date a 17-Year-Old in Wisconsin?
Dating, by itself, is not criminalized simply because one person is 18 and the other is 17.
However, legal questions can arise from particular conduct within a relationship, including sexual conduct, images, electronic communications, coercion allegations, or a position of authority. An individualized review is important because Wisconsin statutes treat different conduct differently.
Can a 19-Year-Old Have Sex With a 17-Year-Old in Wisconsin?
Under Wis. Stat. § 948.09, sexual intercourse by a person who is 19 or older with a nonspouse who is 16 or 17 is classified as a Class A misdemeanor. That statute is not a general close-in-age exception, and the legal analysis can change based on the precise conduct, the parties’ ages, the relationship, and any additional allegations.
Does Consent Matter if One Person Is Under 18?
A minor’s apparent agreement does not necessarily prevent criminal charges or provide a defense when an allegation involves sexual conduct. Wisconsin law uses age-specific statutes, and the relevance of consent can depend on the charge, the alleged conduct, the parties’ ages, and the surrounding facts. Do not assume that a consensual relationship, by itself, resolves the legal question.
Should I Talk to the Police if I Am Accused of Having a Relationship With a Minor?
If law enforcement contacts you about an allegation involving a minor, do not provide a statement or agree to an interview before consulting a criminal defense attorney. You can clearly state that you want to speak with an attorney before answering questions. Early statements can affect charging decisions, bail conditions, and the defense strategy.
