Badger Lawyer's Sexual Morality Chapter Listing
Click on a crime to see the statute and any comments the Badger might have.
944.05. Bigamy
944.06. Incest
944.15. Public fornication
944.16. Adultery
944.17. Sexual gratification
944.20. Lewd and lascivious behavior
944.21. Obscene material or performance
944.23. Making lewd, obscene or indecent drawings
944.25. Sending obscene or sexually explicit electronic messages
944.30. Prostitution
944.31. Patronizing prostitutes
944.32. Soliciting prostitutes
944.33. Pandering
944.34. Keeping place of prostitution
944.36. Solicitation of drinks prohibited
Whoever does any of the following is guilty of a Class I felony:
- Maries in this state with knowledge that his or her prior marriage is not dissolved
- Marries in this state with knowledge that the prior marriage of the person he or she marries is not dissolved
- Cohabits in this state with a person whom he or she married outside this state with knowledge that his or her own prior marriage had not been dissolved or that the prior marriage of the person he or she married had not been dissolved.
Whoever marries or has nonmarital sexual intercourse with a person he or she knows is a blood relative and such relative is in fact related in a degree within which the marriage of the parties is prohibited by the law of this state is guilty of a Class F felony.
Whoever has sexual intercourse in public is guilty of a Class A misdemeanor.
Whoever does either of the following is guilty of a Class I felony:
- A married person who has sexual intercourse with a person not the married person's spouse
- A person who has sexual intercourse with a person who is married to another.
Whoever does any of the following is guilty of a Class A misdemeanor:
- Commits an act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another. This does not apply to a mother breast-feeding of her child.
- Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal.
- Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal.
944.20. Lewd and lascivious behavior
Whoever does any of the following is guilty of a Class A misdemeanor:
- Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or
- Publicly and indecently exposes genitals or pubic area.
This does not apply to a mother's breast-feeding of her child.
944.21. Obscene material or performance
The legislature intends that the authority to prosecute violations of this section shall be used primarily to combat the obscenity industry and shall never be used for harassment or censorship purposes against materials or performances having serious artistic, literary, political, educational or scientific value. The legislature further intends that the enforcement of this section shall be consistent with the first amendment to the U.S. constitution, article I, section 3, of the Wisconsin constitution and the compelling state interest in protecting the free flow of ideas.
"Obscene material" means a writing, picture, film, or other recording that:
- The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
- Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
- Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
"Obscene performance" means a live exhibition before an audience which:
- The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
- Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
- Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
Whoever does any of the following is subject to penalties:
- Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or distributes any obscene material.
- Produces or performs in any obscene performance.
- Requires, as a condition to the purchase of periodicals, that a retailer accept obscene material.
- Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.
- Has in his or her possession with intent to distribute, exhibit, or play to a person under the age of 18 years any obscene material.
Penalties range from a forfeiture to a felony, depending on the violation and whether a person has prior convictions.
944.23. Making lewd, obscene or indecent drawings
Whoever makes any lewd, obscene or indecent drawing or writing in public or in a public place is guilty of a Class C misdemeanor.
944.25. Sending obscene or sexually explicit electronic messages
Whoever sends an unsolicited electronic mail solicitation to a person that contains obscene material or a depiction of sexually explicit conduct without including the words "ADULT ADVERTISEMENT" in the subject line of the electronic mail solicitation is guilty of a Class A misdemeanor.
Any person who intentionally does any of the following is guilty of a Class A misdemeanor:
(1) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value.
(2) Commits or offers to commit or requests to 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 for anything of value.
(3) Is an inmate of a place of prostitution.
(4) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value.
(5) Commits or offers to commit or requests to commit an act of sexual contact for anything of value.
944.31. Patronizing prostitutes
Any person who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to 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, masturbation or sexual contact with a prostitute is guilty of a Class A misdemeanor.
944.32. Soliciting prostitutes
Except as provided under s. 948.08, whoever intentionally solicits or causes any person to practice prostitution or establishes any person in a place of prostitution is guilty of a Class H felony.
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Solicits another to have nonmarital sexual intercourse or to 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, masturbation or sexual contact with a person the solicitor knows is a prostitute; or
(b) With intent to facilitate another in having nonmarital intercourse or committing 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 or sexual contact with a prostitute, directs or transports the person to a prostitute or directs or transports a prostitute to the person.
(2) If the person received compensation from the earnings of the prostitute, such person is guilty of a Class F felony.
(3) In a prosecution under this section, it is competent for the state to prove other similar acts by the accused for the purpose of showing the accused's intent and disposition.
944.34. Keeping place of prostitution
It is a Class H felony to keep a place of prostitution or allow the continued use of a place as a place of prostitution.
944.36. Solicitation of drinks prohibited
Any bartender who permits an entertainer to solicit a drink of any alcohol beverage from a customer on the premises is guilty of a Class B misdemeanor.
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