Wisconsin Statutes 948.098 – Sexual misconduct by a school staff person or volunteer
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class I felony | up to 3 years 6 months | up to $10,000 |
Terms Used In Wisconsin Statutes 948.098
- Contract: A legal written agreement that becomes binding when signed.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) In this section:
(a) “Physical contact of a sexual nature” means any of the following types of intentional touching, whether direct or through clothing:
1. Intentional touching by the actor or, upon the actor’s instruction, by another person, by the use of any body part or object, if the purpose of the intentional touching is any of the following:
a. To sexually degrade or sexually humiliate the pupil.
b. To sexually degrade or sexually humiliate the actor.
c. To sexually arouse or sexually gratify the pupil.
d. To sexually arouse or sexually gratify the actor.
2. Intentional touching by the pupil, by the use of any body part or object, of the actor or, if done upon the actor’s instructions, another person, if the purpose of the intentional touching is any of the following:
a. To sexually degrade or sexually humiliate the pupil.
b. To sexually degrade or sexually humiliate the actor.
c. To sexually arouse or sexually gratify the pupil.
d. To sexually arouse or sexually gratify the actor.
(b) “School” means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).
(c) “School staff member” means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract. “School staff member” includes a bus driver.
(d) “Sexual misconduct” means verbal conduct of a sexual nature or physical contact of a sexual nature. “Sexual misconduct” includes conduct directed by a person at another person of the same or opposite gender.
(e) “Verbal conduct of a sexual nature” means communications made intentionally for any of the following purposes:
1. Sexually degrading or sexually humiliating the pupil
2. Sexually degrading or sexually humiliating the actor.
3. Sexually arousing or sexually gratifying the pupil.
4. Sexually arousing or sexually gratifying the actor.
948.098 Note NOTE: Subd. 4. was created as subd. 3. by 2023 Wis. Act 200 and renumbered to subd. 4. by the legislative reference bureau under s. 13.92 (1) (bm) 2.
(f) “Volunteer” means a person, other than a school staff member, who provides services to a school without compensation.
(2) Any school staff member or volunteer who commits an act of sexual misconduct against a pupil enrolled in the school is guilty of a Class I felony.
(3) A law enforcement officer who receives a report of an alleged violation of sub. (2) shall notify the department of public instruction of the alleged violation including the name of the person alleged and the name of the school district or school at which the person works or volunteers.