Felony Sentencing and Probation

Informational Paper 55

Wisconsin Legislative Fiscal Bureau
January, 2013
Wisconsin Legislative Fsical Bureau
January, 2013

 APPENDIX VII
Offenses Requiring Mandatory Minimum Confinement in Prison

Offense

Statutory Cite

Minimum Prison Time

Operating a motor vehicle under the influence of an intoxicant or
other drug, 7, 8, or 9 violations

346.65(2)(am)6.

3 years

Operating a motor vehicle under the influence of an intoxicant or
other drug, 10 or more violations

246.65(2)(am)7.

4 years

Sexual contact or sexual intercourse with a person, who has not
attained the age of 13, and causes great bodily harm to the person

948.02(1)(am)

25 years

Engaging in repeated acts, if at least 3 of the violations were of s.
948.02(1)(am)

948.025(1)(a)

25 years

Sexual intercourse with a person who as not attained the age of 12

948.02(1)(b)

25 years

Sexual intercourse with a person, who has not attained the age of
16, by use or threat of force or violence

948.02(1)(c)

25 years

Engaging in repeated acts, if at least 3 of the violations were of s.
948.02(1)(am), (b), or (c)

948.025(1)(b)

25 years

Sexual contact with a person, who has not attained the age of 16
years, by use or threat of force or violence, if the actor is at least
18 years old when contact occurs

948.02(1)(d)

5 years

Engaging in repeated acts, if at least 3 of the violations were of s.
948.02(1)(am), (b), (c), or (d)

948.025(1)(c)

5 years

Sexual exploitation of a child

948.05

5 years*

Use of a computer to facility a child sex crime

948.075

5 years*

Possession of child pornography

948.12

3 years*

Repeat serious sex crimes (defined as first-or second-degree
sexual assault, if actor has one or more prior convictions for firstor second-degree sexual assault)

939.618

3 years and 6 months

Repeat serious violent crimes (defined as felony murder or
second-degree intentional homicide, if the actor has one or more
prior convictions for felony murder, second-degree intentional
homicide, or another crime punishable by life imprisonment)

939.619

3 years and 6 months

*The court may impose a sentence less that the minimum sentence required, or place the person on probation, if the court finds
that the best interests of the community will be served and the public will not be harmed, and if the court places its reasons on the
record, under the following circumstances: (a) if convicted of sexual exploitation of a child, the person is no more than 48 months
older than the child who is the victim of the violation; and (b) if convicted of possession of child pornography, the person is no more
than 48 months older than the child who engaged in the sexually explicit conduct. The minimum sentence provision does not apply if
the offender was under 18 when the violation occurred.

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