A district attorney in Juneau County, Wisconsin, warned teachers in a memo sent to schools that if they teach the new sexual education curriculum mandated under state law, they could be arrested for contributing to the delinquency of a child.
Because the law requires teachers to instruct children not only about contraceptives but about how to use them, Juneau County District Attorney Scott Southworth said, schools are forced to encourage students to "engage in sexual behavior, whether as a victim or an offender."
And since minors can't legally have sex in Wisconsin, teachers would essentially be endorsing the behavior and could be held liable, Southworth said in the letter.
"It is akin to teaching children about alcohol use, then instructing them on how to make mixed alcoholic drinks," he wrote.
In his letter, Southworth said the law would convert sex education classes "into a radical program that sexualizes our children as early as kindergarten. This, in turn, will lead to more child sexual assaults."
Southworth sent the letter to five school districts and said they should drop all sex education curriculum until the law could be changed.
The law doesn't force any schools to teach the sex education classes, but it sets out strict guidelines on what should be taught in the schools that choose to do so. The law passed narrowly in the legislature and was the topic of a fierce battle between Republicans and Democrats: No Republicans voted for it, and it was signed by a Democratic governor.
Those who support the law hail it as a chance to keep down the rate of STDs and teen pregnancies and to properly educate students, but opponents say that rather than giving children all the information necessary to have sex, they should focus on a curriculum of abstinence.
She said Southworth, a Republican, is a "zealot" who wrote the letter to try to scare people out of teaching the sexual education classes.
"Using condoms isn't a crime for anyone," Roys told the Milwaukee Journal-Sentinel. "This guy is not a credible legal source on this matter, I'm sorry to say. His purpose is to intimidate and create enough panic in the minds of school administrators that they'll turn their backs on young people and their families."
In his letter, Southworth argued that it is a crime and that he's just trying to help schools be aware of the legal danger they could be putting themselves in.
"The teacher could be charged with the crime even if the child does not actually engage in the criminal behavior [of having sex as a minor]," Southworth wrote.
Both the State Journal and the Journal-Sentinel spoke with school administrators who said they were seeking legal advice on the matter.