948.025(3)

(3) The state may not charge in the same action a defendant with a violation of this section and with a violation involving the same child under § 948.02 or 948.10, unless the other violation occurred outside of the time period applicable under sub. (1). This subsection does not prohibit a conviction for an included crime under § 939.66 when the defendant is charged with a violation of this section.

948.025

948.025 Engaging in repeated acts of sexual assault of the same child.

948.025(2)

(2)

948.025(1)

(1) Whoever commits 3 or more violations under § 948.02 (1) or (2) within a specified period of time involving the same child is guilty of:

948.025(1)(a)

(a) A Class A felony if at least 3 of the violations were violations of § 948.02 (1)(am).

948.025(1)(b)

(b) A Class B felony if at least 3 of the violations were violations of § 948.02 (1)(am), (b), or (c).

948.025(1)(c)

(c) A Class B felony if at least 3 of the violations were violations of § 948.02 (1)(am), (b), (c), or (d).

948.025(1)(d)

(d) A Class B felony if at least 3 of the violations were violations of § 948.02 (1).

948.025(1)(e)

(e) A Class C felony if at least 3 of the violations were violations of § 948.02 (1) or (2).

948.025(2)(a)

(a) If an action under sub. (a) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of § 948.02 (1)(am) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

948.025(2)(b)

(b) If an action under sub. (b) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of § 948.02 (1)(am), (b), or (c) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of § 948.02 (1)(am), (b), or (c).

948.025(2)(d)

(d) If an action under sub. (d) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of § 948.02 (1) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

948.025(2)(c)

(c) If an action under sub. (c) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of § 948.02 (1)(am), (b), (c), or (d) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of § 948.02 (1)(am), (b), (c), or (d).

948.025(2)(e)

(e) If an action under sub. (e) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of § 948.02 (1) or (2) occurred within the specified period of time but need not agree on which acts constitute the requisite number and need not agree on whether a particular violation was a violation of § 948.02 (1) or (2).