Attorney's Note

Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class F felonyup to 12 years 6 monthsup to $25,000
For details, see § 939.50
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Terms Used In Wisconsin Statutes 961.455

  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
   (1)    Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is under the age of 17 years for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
   (2)   The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.
   (3)   Solicitation under sub. (1) occurs in the manner described under s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s. 939.30.
   (4)   If the conduct described under sub. (1) results in a violation under s. 961.41 (1), the actor is subject to prosecution and conviction under s. 961.41 (1) or this section or both.