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Statutes > Wisconsin > 322 > 322.120

322.120

322.120 Article 120 Rape and carnal knowledge.

322.120(1)

(1) Any person who commits an act of sexual intercourse, by force and without consent, is guilty of rape and shall be punished as a court-martial may direct.

322.120(2)

(2) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a person who is not that person's spouse, and who has not attained the age of 16 years; is guilty of carnal knowledge and shall be punished as a court-martial may direct.

322.120(3)

(3) Penetration, however slight, is sufficient to complete either of these offenses.

322.120(4)

(4) In a prosecution under sub. (2), it is an affirmative defense if all of the following conditions are established:

322.120(4)(a)

(a) The person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of 12 years.

322.120(4)(b)

(b) The accused reasonably believed that that person had at the time of the alleged offense attained the age of 16 years.

322.120(5)

(5) The accused has the burden of proving a defense under sub. (4) by a preponderance of the evidence.

322.120 - ANNOT.

History: 2007 a. 200.