My boyfriend and I have dated for two years. My mother thinks we are having sex and says she is going to have my boyfriend arrested. He's 19, but we told my mother he was 16, and I'm 14. Can my boyfriend be arrested if I agreed to have sex with him? My mother thinks he is a minor!
ANSWER:
YES.
Regardless of whether your mother believes he is 16, the fact of the matter is that you are a minor, and it is illegal for a minor to have sexual intercourse or engage in any form of sexual conduct with another person regardless of the other person's age. Under Wisconsin law, a minor cannot agree (give consent) to have sex with another person (minor or adult).
If your mother files a report with the police, your boyfriend's identification information will reveal his true age, and the police will share that information with your mother. Once that report is filed, and whether your mother wants charges pressed, the police are required to investigate any sexual assault complaint involving a minor.
If your boyfriend is charged with sexual assault of a minor, he will be arrested. If he is convicted of sexual assault of a minor, the court can sentence him to imprisonment in a county jail or a prison, fine him, or both. As well, Wisconsin courts usually sentence people convicted of sexual assault of a minor to probation and require the offender to register with the sex offender registry, which will have a very devastating effect on his future jobs, activities, and even his residence. A convicted sex offender is prohibited from working in jobs involving children. A registered sex offender cannot go where children may be present such as a high school dances (even if his or her child is at that dance), or public places where children would likely gather such as amusement or water parks.
Under Wisconsin law, it is also illegal for your adult boyfriend to expose himself to you, entice you to have sex or expose yourself to him, or even have contact with you of a sexual nature.
Helpful information:
Sex crimes, Wisconsin
Sexual assault, Wisconsin
Sexual assault of a minor child, Wisconsin
Solicitation or Enticement
Entrapment
Van Wagner & Wood, S.C. is a Wisconsin based criminal defense law firm located at One North Pinckney Street, Suite 300, Madison, Wisconsin. Van Wagner & Wood attorneys represent people charged with a criminal or drunk driving offenses in the state of Wisconsin. You can contact them 24 hours a day at 1-866-262-4599 or 608-284-1200
Showing posts with label Public Record. Show all posts
Showing posts with label Public Record. Show all posts
Tuesday, July 31, 2007
Monday, July 2, 2007
If Arrested, Will The Arrest Appear Online?
Wisconsin Open Records Law
ANSWER:
If a person is arrested, the arrest, citation, and information regarding the arrest can be made public and published on the Internet through many portals including newspapers, television, radio stations, and CCAP, as well as personal websites.
Newspapers often maintain an online version of their printed news, which may include the entire newspaper or just selected areas of news. Arrests, tickets and other police news are usually published online bcause people like to read about those types of newsworthy issues.
Some cases make the six o'clock news and subsequently are published on the television station's website. High profile criminal cases broadcasted on major networks such as Court-TV or CNN almost always make the website edition.
CCAP (see cap) is the Wisconsin circuit court records website located at http://wcca.wicourts.gov/. Under Wisconsin open records law, CCAP mirrors the clerk of courts records. With very few exceptions, arrests are published on CCAP along with subsequent court activity. Among the few exceptions are an arrest of a juvenile or an arrest incident to a mental committment. Even juvenile arrests have exceptions, such as arrests resulting from traffic offenses because juveniles are treated as adults in traffic case.
Case information remains accessible on WCCA for the minimum retention period for the case type as set by Supreme Court Rule - Chapter 72. However, cases with active warrants, active appeals or money still owed remain available on WCCA. However, a person can contact the Clerk of Circuit Court office in the county where the case was filed for complete case information for those cases that no longer display on WCCA.
Case records remain available on CCAP for a number of years. A traffic forfeiture, non traffic ordinance violation, or a subsequent arrest to incarcerate a person for violation of a court order remain on CCAP for 5 years. Tax warrants, civil cases, foreign judgment cases, transcripts of judgement cases, unemployment compensation cases, workers compensation cases, tribal court orders, misdemeanor and criminal traffic cases remain available on CCAP for 20 years. However, drunk driving cases remain available on the Department of Transportation records forever. Class A felony and John Doe cases remain available on CCAP for 75 years. Class B, C, D, E, F, G, H, and I felony cases remain available on CCAP for 50 years.
An expunged record is one that is removed from a person's public information, however, it is not completely destroyed. An expunged record still exists in a file drawer in the clerk of court office where the charge originated. An expunged record can also appear on CCAP even after the expungement order has been entered. In those instances, additional legal action must be taken to remove the expunged record from CCAP.
ANSWER:
If a person is arrested, the arrest, citation, and information regarding the arrest can be made public and published on the Internet through many portals including newspapers, television, radio stations, and CCAP, as well as personal websites.
Newspapers often maintain an online version of their printed news, which may include the entire newspaper or just selected areas of news. Arrests, tickets and other police news are usually published online bcause people like to read about those types of newsworthy issues.
Some cases make the six o'clock news and subsequently are published on the television station's website. High profile criminal cases broadcasted on major networks such as Court-TV or CNN almost always make the website edition.
CCAP (see cap) is the Wisconsin circuit court records website located at http://wcca.wicourts.gov/. Under Wisconsin open records law, CCAP mirrors the clerk of courts records. With very few exceptions, arrests are published on CCAP along with subsequent court activity. Among the few exceptions are an arrest of a juvenile or an arrest incident to a mental committment. Even juvenile arrests have exceptions, such as arrests resulting from traffic offenses because juveniles are treated as adults in traffic case.
Case information remains accessible on WCCA for the minimum retention period for the case type as set by Supreme Court Rule - Chapter 72. However, cases with active warrants, active appeals or money still owed remain available on WCCA. However, a person can contact the Clerk of Circuit Court office in the county where the case was filed for complete case information for those cases that no longer display on WCCA.
Case records remain available on CCAP for a number of years. A traffic forfeiture, non traffic ordinance violation, or a subsequent arrest to incarcerate a person for violation of a court order remain on CCAP for 5 years. Tax warrants, civil cases, foreign judgment cases, transcripts of judgement cases, unemployment compensation cases, workers compensation cases, tribal court orders, misdemeanor and criminal traffic cases remain available on CCAP for 20 years. However, drunk driving cases remain available on the Department of Transportation records forever. Class A felony and John Doe cases remain available on CCAP for 75 years. Class B, C, D, E, F, G, H, and I felony cases remain available on CCAP for 50 years.
An expunged record is one that is removed from a person's public information, however, it is not completely destroyed. An expunged record still exists in a file drawer in the clerk of court office where the charge originated. An expunged record can also appear on CCAP even after the expungement order has been entered. In those instances, additional legal action must be taken to remove the expunged record from CCAP.
Helpful links:
Drunk Driving Tickets & Records
Expungement
WI State & Federal Arrests
Wisconsin criminal penalties
Labels:
Arrest,
Drunk Driving,
Expungement,
Penalties - WI,
Public Record
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