Wisconsin Statutory Elements and Consequences
Chapter 944 Crimes Against Sexual Morality
The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.
Table of contents
- § 944.06 Incest
- § 944.15 Public fornication: sexual intercourse in public
- § 944.17(2) Sexual gratification in public
- § 944.18 Bestiality
- § 944.20(1)(a) Lewd and Lascivious Behavior: Indecent Act of Sexual Gratification with Another
- § 944.20(1)(b) Lewd and lascivious behavior: exposure
- § 944.30(1m)(a) Prostitution: nonmarital sexual intercourse
- § 944.30(1m)(b) Prostitution: act of sexual gratification
- § 944.31 Patronizing prostitutes
- § 944.32 Soliciting to practice prostitution
- § 944.33(1) Pandering
- § 944.33(2) Pandering
- § 944.34(1) Keeping a place of prostitution
- § 944.34(2) Granting the use of a place as a place of prostitution
§ 944.06 Incest
Summary
To be guilty of this offense, the prosecution must prove that the defendant married or had nonmarital sexual intercourse with another person, knowing that the other person was a blood relative, and that the blood relative was in fact related in a degree within which marriage is prohibited by the law of the state.
Elements of the Offense
- Act: The defendant must marry or have nonmarital sexual intercourse with another person.
- Knowledge of Blood Relation: The defendant must know that the other person is a blood relative.
- Prohibited Degree of Relation: The blood relative must be related in a degree within which marriage is prohibited by the law of the state.
Jury Instruction
§ 944.15 Public fornication: sexual intercourse in public
Summary
To be guilty of this offense, the prosecution must prove that the defendant had sexual intercourse in public, knowing or having reason to know that their conduct was observable by or in the presence of persons other than the person with whom they were having sexual intercourse.
Elements of the Offense
- Act: The defendant must have sexual intercourse.
- In Public: The act of sexual intercourse must occur “in public,” which is defined as:
- In a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual intercourse.
- Knowledge: The defendant knows or has reason to know that the act is in the presence of or observable by others.*
Jury Instruction
* The definition of “in public” found in subsec. (1) of § 944.15 appears to create two elements of this offense. One element is that the act take place in the presence of others or where observable by others. The second element is that the defendant know or have reason to know that the act is in the presence of or observable by others. Rather than lump the knowledge requirement in with the definition of “in public,” the Committee decided it was preferable to treat it as a separate element.
§ 944.17(2) Sexual gratification in public
Summary
To be guilty of this offense, the prosecution must prove that the defendant committed an act of sexual gratification involving the sex organ of one person and the mouth or anus of another person, and that this act occurred in public, where the defendant knew or had reason to know that the conduct was observable by or in the presence of persons other than the person with whom they were having sexual gratification.
Elements of the Offense
- Act: The defendant must commit an act of sexual gratification involving the sex organ of one person and the mouth or anus of another person.
- In Public: The act must occur “in public,” which is defined as:
- In a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification.
- Knowledge: The defendant knows or has reason to know that the act is in the presence of or observable by others.*
Jury Instruction
* This definition appears to create two separate elements. One element is that the act take place in the presence of others or where observable by others. The second element is that the defendant know or have reason to know that the act is in the presence of or observable by others. Rather than lump the knowledge requirement in with the definition of “in public,” the Committee decided it was preferable to treat it as a separate element.
§ 944.18 Bestiality
Summary
To be guilty of this offense, the prosecution must prove that the defendant knowingly engaged in prohibited conduct involving sexual contact with an animal or related activities as specified in the statute. This includes acts such as engaging in sexual contact with an animal, facilitating or promoting such conduct, possessing or distributing obscene material depicting such acts, and involving minors in these activities.
Elements of the Offense
- Engaged in Prohibited Conduct: The defendant must have done one or more of the following:*
- Engaged in sexual contact with an animal.
- Advertised, offered, sold, transferred, purchased, or obtained an animal with the intent that it be used for sexual contact in this state.
- Organized, promoted, conducted, or participated as an observer in an act involving sexual contact with an animal.
- Permitted sexual contact with an animal on premises under their ownership or control.
- Photographed or filmed obscene material depicting a person engaged in sexual contact with an animal.
- Distributed, sold, published, transmitted, or possessed with intent to distribute obscene material depicting such acts.
- Involved a child in acts related to sexual contact with an animal.
- Forced, coerced, enticed, or encouraged a child who has not attained the age of 13 years to engage in sexual contact with an animal.
- Engaged in sexual contact with an animal in the presence of a child who has not attained the age of 13 years.
- Forced, coerced, enticed, or encouraged a child who has attained the age of 13 years but who has not attained the age of 18 years to engage in sexual contact with an animal.
- Engaged in sexual contact with an animal in the presence of a child who has attained the age of 13 years but who has not attained the age of 18 years.
- Knowledge: The defendant must have knowingly engaged in the prohibited conduct.
Jury Instruction
No Uniform Jury Instruction
*Under § 944.18(1)(d), the following practices are exempt from the prohibition on contact:
- Accepted veterinary medical practices;
- Accepted animal husbandry practices that provide care for animals;
- Accepted practices related to the insemination of animals for procreation; and
- Accepted practices associated with conformation judging.
§ 944.20(1)(a) Lewd and Lascivious Behavior: Indecent Act of Sexual Gratification with Another
Summary
To be guilty of this offense, the prosecution must prove that the defendant engaged in an indecent act of sexual gratification with another person and knew that they were in the presence of others while doing so.
Elements of the Offense
- Prohibited Conduct: The defendant must commit an indecent act of sexual gratification with another person.
- Presence of Others: The defendant must be in the presence of others while committing the indecent act.
- Knowledge: The defendant must know that they are in the presence of others while committing the indecent act.
Jury Instruction
§ 944.20(1)(b) Lewd and lascivious behavior: exposure
Summary
To be guilty of this offense, the prosecution must prove that the defendant publicly and indecently exposed their genitals or pubic area.
Elements of the Offense
- Act: The defendant must publicly and indecently expose their genitals or pubic area.
- In Public: The exposure must occur publicly, which generally means in a place where the conduct is observable by others who are present or who may be present.
Jury Instruction
§ 944.30(1m)(a) Prostitution: nonmarital sexual intercourse
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally had, offered to have, or requested to have nonmarital sexual intercourse in exchange for anything of value.
Elements of the Offense
- Intentional Act: The defendant must intentionally do any of the following:
- Have nonmarital sexual intercourse.
- Offer to have nonmarital sexual intercourse.
- Request to have nonmarital sexual intercourse.
- For Anything of Value: The act, offer, or request must be in exchange for anything of value.
Jury Instruction
§ 944.30(1m)(b) Prostitution: act of sexual gratification
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally committed, offered to commit, or requested to commit an act of sexual gratification involving the sex organ of one person and the mouth or anus of another person, in public or in private, in exchange for anything of value.
Elements of the Offense
- Intentional Act: The defendant must intentionally do any of the following:
- Commit an act of sexual gratification.
- Offer to commit an act of sexual gratification.
- Request to commit an act of sexual gratification.
- Type of Act: The act must involve the sex organ of one person and the mouth or anus of another person.
- For Anything of Value: The act, offer, or request must be in exchange for anything of value.
Jury Instruction
§ 944.31 Patronizing prostitutes
Summary
To be guilty of this offense, the prosecution must prove that the defendant entered or remained in any place of prostitution with the intent to have nonmarital sexual intercourse or to commit an act of sexual gratification, involving the sex organ of one person and the mouth or anus of another, masturbation, or sexual contact with a prostitute.
Elements of the Offense
- Act: The defendant must enter or remain in any place of prostitution.
- Intent: The defendant must have the intent to do one or more of the following:
- Have nonmarital sexual intercourse.
- Commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another.
- Commit an act of masturbation or sexual contact with a prostitute.
Jury Instruction
§ 944.32 Soliciting to practice prostitution
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally solicited or caused any person to practice prostitution, or established any person in a place of prostitution.
Elements of the Offense
- Intentional Act: The defendant must intentionally do one or more of the following:
- Solicit any person to practice prostitution.
- Cause any person to practice prostitution.
- Establish any person in a place of prostitution.
Jury Instruction
§ 944.33(1) Pandering
Summary
To be guilty of this offense, the prosecution must prove that the defendant solicited another to have nonmarital sexual intercourse or to commit an act of sexual gratification, involving the sex organ of one person and the mouth or anus of another, masturbation, or sexual contact, and that the defendant knew the person being solicited was a prostitute.
Elements of the Offense
- Intentional Act: The defendant must solicit another person.
- Solicitation for Specific Acts: The solicitation must be for one or more of the following:
- Nonmarital sexual intercourse.
- An act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another.
- Masturbation.
- Sexual contact.
- Knowledge: The defendant must know that the person being solicited is a prostitute.
Jury Instruction
§ 944.33(2) Pandering
Summary
To be guilty of this offense, the prosecution must prove that the defendant was a person who, with the intent to facilitate another in having nonmarital sexual intercourse or committing an act of sexual gratification (involving the sex organ of one person and the mouth or anus of another), masturbation, or sexual contact with a prostitute, directed or transported the person to a prostitute or directed or transported a prostitute to the person.
Elements of the Offense
- Intent to Facilitate: The defendant must have the intent to facilitate another person in:
- Having nonmarital sexual intercourse.
- Committing an act of sexual gratification, involving the sex organ of one person and the mouth or anus of another.
- Committing an act of masturbation.
- Committing an act of sexual contact with a prostitute.
- Act of Facilitation: The defendant must engage in one or more of the following actions:
- Directing or transporting the person to a prostitute.
- Directing or transporting a prostitute to the person.
Jury Instruction
§ 944.34(1) Keeping a place of prostitution
Summary
To be guilty of this offense, the prosecution must prove that the defendant was a person who intentionally kept a place of prostitution.
Elements of the Offense
- Intentional Act: The defendant must intentionally keep a place of prostitution.
Jury Instruction
§ 944.34(2) Granting the use of a place as a place of prostitution
Summary
To be guilty of this offense, the prosecution must prove that the defendant intentionally granted the use or allowed the continued use of a place as a place of prostitution.
Elements of the Offense
- Intentional Act: The defendant must intentionally grant the use of a place as a place of prostitution. Alternatively, the defendant must intentionally allow the continued use of a place as a place of prostitution.
Jury Instruction
Updated January 2025