Wisconsin’s New Anti-Grooming Laws

Over the past year, the Wisconsin legislature has passed numerous laws regarding grooming and sexual misconduct. These laws place requirements on school leaders to prevent, identify, and report grooming behavior and other sexual misconduct by staff and volunteers toward students. This article provides an overview of the laws and outlines the obligations of all school administrators. 

2025 Wisconsin Act 88 

2025 Wisconsin Act 88, codified in Wis. Stat. § 948.072, makes it a felony to groom a child for sexual activity. Grooming is defined as “a course of conduct, pattern of behavior, or series of acts with the intention to condition, seduce, solicit, lure, or entice a child for the purpose of engaging in sexual intercourse or sexual contact, or for the purpose of producing, distributing, or possessing depictions of the child engaged in sexually explicit conduct.” Examples of behavior that may constitute grooming, include verbal comments of a sexual nature directed toward a child (e.g., discussing sexual topics outside of related curriculum); inappropriate or sexualized physical contact with a child (e.g., kissing or other provocative physical conduct); written or electronic communications to seduce, solicit, lure, or entice a child; the promise of gifts, privileges, or attention with the intent to lower a child’s inhibitions; attempts to isolate a child from their family or peers, use of a computer etc., to contact a child or the child’s guardian.  Act 88 specifically provides that consent is not a valid defense for the offense of grooming. 

The criminal penalties for grooming are significant. A person convicted of grooming may face 10-25 years in prison and fines between $25,000 and $100,000, with penalties increasing for people in a position of trust - including school staff and volunteers - and when the victim is a student with a disability. In addition, under Act 88 any person convicted of grooming must register as a sex offender. Finally, Act 88 added grooming to the definition of “abuse” for purposes of the mandatory reporting of suspected child abuse or neglect, under Wis. Stat. § 48.981.

2025 Wisconsin Act 89

2025 Wisconsin Act 89, codified in Wis. Stat. § 118.07(7), imposes obligations on school districts to adopt a policy on appropriate communication between an employee and students. The policy should identify clear boundaries and provide rules that are easy to understand and enforce. For example, districts should vet platforms for communications between staff, students, and families, and have processes in place for supervision and monitoring.

Act 89 also requires that districts provide annual training to employees in identifying, preventing, and reporting grooming and professional boundary violations. To fulfill this requirement, a school board may, but is not required to, use the training developed by the Wisconsin Department of Public Instruction (DPI). While Act 89 only requires training for employees, the grooming statute applies to all individuals who have regular contact with students, so districts are encouraged to provide training to volunteers, chaperones, and others who regularly interact with students. 

2025 Wisconsin Act 57

2025 Wisconsin Act 57, codified in Wis. Stat. § 118.07(6), requires schools to notify the parents/guardians of a student alleged to be the victim or target of the following conduct: (1) sexual misconduct by a school staff member; (2) an individual who has been convicted of a serious child sex offense has engaged in an occupation or participated in a volunteer position that requires the individual to work or interact primarily and directly with children in a manner that constitutes a crime; or (3) a sex offender has intentionally captured a representation of a minor pupil without the written consent of the pupil’s parent or guardian. 

The above notice requirement is triggered when a district administrator, principal, or Title IX Coordinator receives a report alleging such conduct and has reasonable cause to suspect that the alleged conduct occurred. Notably, the statute does not elaborate on what constitutes reasonable cause, although districts should be able to rely on the guidance provided by DPI in the mandatory reporting training.

Notice must be provided by phone or in person. If the report is received on a school day before the end of regularly scheduled instruction, notice must be provided by 5:00 p.m. that day. If the report is received after regularly scheduled instruction or on a day that school is not in session, notice must be provided by noon on the next calendar day. Schools do not need to follow this notice requirement if the report alleges conduct by the pupil's own parent or guardian.

Finally, each school board must provide annual notice to parent(s)/guardian(s) regarding their rights to access employee discipline records under Wisconsin’s Public Records Law. 

Conclusion

The new collection of anti-grooming legislation is aimed at protecting student safety and wellbeing by clarifying what constitutes inappropriate behavior and misconduct and by strengthening enforcement mechanisms. In training staff and others who work with students, schools should take time to talk through common scenarios, answer staff questions, and provide clear guidance and direction with regard to communications between employees, students, and families, and put in place processes for reporting inappropriate conduct to school officials. Finally, as always, school districts are encouraged to consult with legal counsel as they navigate the laws to ensure continued compliance.

This information is intended to provide authoritative general information, with commentary, as a service to AWSA members. The materials and information provided in this article are subject to change without notice and should not be construed as legal advice.  If needed, legal advice regarding any topic, issue, situation or incident should be obtained from the school district's legal counsel. You may also direct your Level I legal questions to AWSA’s retained legal counsel, Malina Piontek, at 608-497-3037 or [email protected].