1st, 2nd, 3rd & 4th Degree Sexual Assault: What Each Degree Means

What Are the Degrees of Sexual Assault?

The degrees of sexual assault are a way for criminal law to rank these offenses by severity, from first degree (the most serious) down to fourth degree (the least serious). The degree depends on two things, the type of sexual act involved and any aggravating factors such as a weapon, serious injury, or the age of the victim. States that use this system, like Wisconsin, assign a higher degree, and a harsher punishment, as the conduct becomes more violent or harmful.

Sexual Assault · Understanding the Charges

The Four Degrees of Sexual Assault

More serious

1st

Degree

Most serious

The act

Penetration or sexual contact

Aggravating factors

Weapon usedGreat bodily harmPregnancyA very young victimAided by another person

Generally a felony · most serious

2nd

Degree

Very serious

The act

Penetration or sexual contact

Aggravating factors

Force or threat of forceInjury or mental anguish needing careVictim who cannot consent

Generally a felony

3rd

Degree

Serious

The act

Penetration (intercourse)

Aggravating factors

Nonconsensual, without the weapon, force, or serious injury of a higher degree

Generally a felony

4th

Degree

Least severe

The act

Sexual contact, no penetration

Aggravating factors

Nonconsensual touching of intimate parts, without the factors above

Often a misdemeanor or low-level felony

Here is the general framework, followed by a closer look at each degree and why the distinction matters far less for a civil case than most survivors expect.

General framework for states that use the degree system, such as Wisconsin (Wis. Stat. § 940.225). Exact definitions, felony classes, and penalties vary by state.

How the degree system works

The degree system works by matching the facts of an assault to a tier of severity, with each step up adding stronger aggravating factors and longer potential sentences. A lower number means a more serious crime, so first degree outranks fourth. The dividing line often comes down to sexual intercourse (penetration) versus sexual contact (touching of intimate parts), along with factors like force, injury, or the victim’s age. In Wisconsin, first through third degree sexual assault are felonies and fourth degree is a misdemeanor (Wis. Stat. § 940.225).

Why the degree matters for your civil case

The degree matters less for your civil case than many survivors expect, because a civil claim does not depend on the criminal charge at all. The degree, and even whether charges were ever filed, controls how the state punishes an offender. It does not control your right to bring a sexual assault lawsuit and recover compensation. A survivor can pursue a civil case after a low-degree charge, a dropped case, or no criminal case at all.

1st Degree Sexual Assault: The Most Serious Charge

First degree sexual assault is the most serious form of the offense, reserved for cases with the gravest aggravating factors. In states that use degrees, it typically involves nonconsensual penetration combined with a weapon, serious physical injury, or a very young victim. It is charged as a high-level felony and can carry decades in prison.

What qualifies as 1st degree sexual assault?

Under Wisconsin law, 1st degree sexual assault (a Class B felony) covers nonconsensual sexual contact or intercourse that causes pregnancy or great bodily harm, that involves a dangerous weapon, or that is aided by another person using force (Wis. Stat. § 940.225(1)). Many states reserve their most serious tier for assaults on young children, which are often charged under a separate child-protection statute rather than the general degree law.

Aggravated sexual assault: same idea, different name

Aggravated sexual assault is the label several states use for what others call first degree, the same most-serious tier under a different name. The wording changes from state to state, but aggravated sexual assault still points to an assault with the most severe aggravating factors. If you are comparing charges across states, focus on the conduct described, not just the title.

Penalties for 1st degree sexual assault

Penalties for first degree sexual assault are the harshest in the system, often running to decades and, in some states, life imprisonment, plus mandatory sex offender registration. The exact prison term and felony class depend on the state. In Wisconsin, for instance, it is a Class B felony, the second-most-serious felony category.

2nd Degree Sexual Assault: Serious Contact Under Aggravating Circumstances

Second degree sexual assault sits just below first degree, covering nonconsensual acts with serious aggravating factors that fall short of the most extreme. It commonly applies when an offender uses force or threats, causes injury, or assaults someone who cannot consent. Like first degree, it is a felony in states that use this system.

What makes an assault 2nd degree instead of 1st?

The difference between 2nd degree sexual assault and first degree is the level of the aggravating factor, not the basic act. In Wisconsin, second degree (a Class C felony) covers nonconsensual contact or intercourse by force or threat of force, conduct that causes injury or mental anguish needing psychiatric care, or an assault on a victim who is unconscious or unable to consent (Wis. Stat. § 940.225(2)). The absence of the most severe factors, such as a weapon or great bodily harm, keeps it at second rather than first.

2nd degree sexual assault of a child

Second degree sexual assault of a child is usually charged under a separate child-protection statute, not the general degree law. Wisconsin, for example, handles child cases under Wis. Stat. § 948.02. These cases are treated with particular seriousness and carry their own penalty structures.

Penalties and sentence ranges

Second degree carries felony penalties, typically multi-year prison terms and sex offender registration, though the precise range varies by state. In Wisconsin it is a Class C felony. A survivor does not need to wait for any of this to play out in criminal court before exploring a civil claim.

3rd Degree Sexual Assault: Penetration Without Extreme Aggravating Factors

Third degree sexual assault generally involves nonconsensual penetration that lacks the weapons, force, or serious injury required for a higher degree. It remains a felony in most states that use the system, even though it ranks below first and second degree.

What is 3rd degree sexual assault?

Under Wisconsin law, 3rd degree sexual assault (a Class G felony) is sexual intercourse with a person without that person’s consent, or certain nonconsensual sexual contact involving intentional ejaculation (Wis. Stat. § 940.225(3)). It is the tier for nonconsensual intercourse where the higher-degree aggravators are absent.

Common scenarios charged as 3rd degree

Third degree often applies to nonconsensual intercourse without added force or a weapon, including situations where a victim could not consent. Because each state defines consent and incapacity differently, the same facts can lead to different sexual assault charges depending on where the assault happened. That is one reason survivors benefit from local legal guidance.

4th Degree Sexual Assault: The Least Severe Degree, Still a Serious Crime

Fourth degree sexual assault is the least severe tier, but it is still a crime that can carry jail time and a lasting record. It typically covers nonconsensual sexual contact, meaning touching of intimate parts, without penetration or the aggravating factors of the higher degrees. Depending on the state, it is charged as a misdemeanor or a low-level felony.

What does 4th degree sexual assault mean?

Fourth degree sexual assault means nonconsensual sexual contact, the intentional touching of intimate body parts without consent. In Wisconsin, 4th degree sexual assault is a Class A misdemeanor (Wis. Stat. § 940.225(3m)). It is the lowest tier in the degree system, yet a conviction can still mean jail and other consequences.

Is 4th degree sexual assault a felony?

Fourth degree sexual assault is usually a misdemeanor, not a felony, although a few states treat it as a low-level felony. Whether any sexual assault is a felony depends on the degree and the state. The most serious degrees are felonies everywhere, while the least serious can be misdemeanors, which is why two cases with similar facts can result in very different sexual assault charges.

Not All States Use the Degree System: What to Know

Not every state organizes sexual assault into numbered degrees, so the exact charge depends heavily on where the assault happened. Some states use a “criminal sexual conduct” framework, and others, including California, rely on offense-specific statutes such as rape and sexual battery. The underlying conduct is similar, but the names and penalties differ.

States that use “criminal sexual conduct” instead

Some states replace “sexual assault” with “criminal sexual conduct,” often shortened to CSC, while keeping a degree structure. Michigan and Minnesota are two examples, each dividing the offense into its own numbered degrees. The labels change, but the idea is the same, ranking the conduct by severity.

How California handles sexual assault

California does not use a degree system at all. It charges specific offenses instead, such as rape (California Penal Code § 261) and sexual battery (California Penal Code § 243.4). Sexual battery is a “wobbler,” meaning prosecutors can file it as a misdemeanor or a felony depending on the circumstances. For survivors in California, the criminal label matters less than the civil path to recovery, which is available regardless of how, or whether, the case is charged.

Can Survivors Sue Regardless of the Degree? Civil Lawsuits Explained

Yes. Survivors can sue regardless of the degree, the charge, or whether a criminal case ever happened, because a civil sexual assault lawsuit is separate from the criminal system. A criminal case is brought by the government to punish an offender. A civil case is brought by the survivor to recover compensation for the harm they suffered. The two run on different tracks, with different deadlines and different standards of proof.

Criminal charges vs. a civil lawsuit

The key difference is who brings the case and how much proof it takes. In a criminal case, prosecutors must prove guilt beyond a reasonable doubt, the highest standard in law. In a civil case, a survivor only has to show the assault more likely than not occurred, a standard called the preponderance of the evidence. That lower bar is one reason a civil claim can succeed even when a criminal case does not. According to RAINN, which draws on FBI and U.S. Department of Justice data, an estimated 443,634 rapes and sexual assaults are committed each year in the United States against people age 12 and older, while law enforcement documents an average of 127,798 rape reports a year. A 20-year review of case outcomes found that just under 20% of reported rape and sexual assault cases are criminally charged, and only 8% ended in conviction (Hoffman et al., 2025, as cited by RAINN).

Who can be held responsible

Responsibility in a civil case is not limited to the person who committed the assault. A survivor may also be able to sue a third party whose negligence created the opportunity for the abuse, such as an employer, a property owner, a school, or a rideshare company that failed to protect its passengers. For example, our team handles claims involving Uber Driver Sex Abuse, where a company’s screening or safety failures contributed to a passenger’s harm.

What compensation can survivors recover?

Survivors can typically recover compensation for both financial and emotional harm. That often includes medical and therapy costs, lost income, and damages for pain, suffering, and emotional distress, with punitive damages possible in cases of especially egregious conduct. A sexual abuse lawyer can review the facts, identify every responsible party, and put a realistic value on the claim.

Why Choose The Schenk Law Firm for Your Sexual Assault Case

The Schenk Law Firm represents survivors of sexual assault and abuse on a contingency basis, which means there is no upfront cost to start your case. Our attorneys have advocated for injured people and survivors in California and nationwide since 1979, and we handle these matters with a confidential, trauma-informed, survivor-centered process. A sexual assault attorney on our team can review what happened and explain your options at no cost.

Were you or someone you love harmed by sexual assault? A sexual abuse lawyer at The Schenk Law Firm can review your case at no cost and in full confidence. No Fee Unless We Recover On Your Behalf. Start your free case evaluation or call (858) 424-4444. If your situation involves your civil rights, our team can help as well.

Frequently Asked Questions

What are the degrees of sexual assault?

The degrees of sexual assault are tiers that rank the offense by severity, from first degree (the most serious) to fourth degree (the least serious). The degree depends on the type of act and aggravating factors such as weapons, injury, or the victim’s age. Not all states use this system.

What is 1st degree sexual assault?

First degree sexual assault is the most serious tier, involving nonconsensual penetration or contact combined with severe aggravating factors such as a weapon, serious injury, or a very young victim. It is charged as a high-level felony.

What is 2nd degree sexual assault?

Second degree sexual assault involves nonconsensual sexual acts with serious aggravating factors, such as force, threats, injury, or a victim who cannot consent, but without the most extreme factors that define first degree. It is a felony in states that use the degree system.

What is 3rd degree sexual assault?

Third degree sexual assault generally means nonconsensual penetration without the weapons, force, or serious injury required for a higher degree. It is still a felony in most states that use the system.

What is 4th degree sexual assault?

Fourth degree sexual assault is nonconsensual sexual contact, the touching of intimate parts without penetration or major aggravating factors. It is usually a misdemeanor, though some states treat it as a low-level felony.

Is sexual assault a felony?

Sexual assault is a felony in its more serious forms and a misdemeanor in its least serious form, depending on the degree and the state. First through third degree offenses are typically felonies, while fourth degree, or its equivalent, is often a misdemeanor.

What is the difference between aggravated sexual assault and 1st degree sexual assault?

Aggravated sexual assault and first degree sexual assault usually describe the same thing, the most serious tier of the offense, under different names chosen by different states. The conduct and severity are comparable, even though the label differs.

Can I sue for sexual assault if the criminal case is over or was never filed?

Yes. You can file a civil sexual assault lawsuit even if criminal charges were never filed, were dropped, or ended without a conviction. A civil case is independent of the criminal system and uses a lower standard of proof, so it can move forward on its own.

How long do I have to file a sexual assault lawsuit?

Time limits vary by state and have been changing. In California, adult survivors generally have the longer of 10 years from the assault or 3 years from discovering a related injury (California Code of Civil Procedure § 340.16), and survivors of childhood abuse generally have until age 40 or 5 years from discovery (California Code of Civil Procedure § 340.1), with no deadline for childhood sexual assault occurring on or after January 1, 2024 (as of June 2026). States also open and close special filing windows, so the only reliable way to learn your deadline is to speak with a sexual abuse lawyer promptly.

Disclaimer

References