Other offenses related to prostitution
In addition to prohibiting prostitution, current law prohibits certain conduct
relating to prostitution. Specifically, current law prohibits patronizing prostitutes,
soliciting prostitutes (commanding, encouraging, or requesting a person to practice
prostitution on an ongoing basis), pandering (assisting a person in engaging a
prostitute), and keeping a place of prostitution. A person who is found guilty of
patronizing a prostitute may be fined not more than $10,000 or imprisoned for not
more than five years or both, if the offense occurs before December 31, 1999, or may
be fined not more than $10,000 or imprisoned for not more than ten years, or both.
A person who is found guilty of pandering may be fined not more than $10,000 or
imprisoned for not more than nine months, or both, except that if he or she received
compensation from the earnings of the prostitute he or she may be fined not more
than $10,000 or imprisoned for not more than 15 years, or both.
This bill prohibits a person from doing any of the following, if they are done with
the intent to engage in prostitution, to patronize prostitutes, to solicit prostitutes, or
to pander: 1) exposing or offering to expose or requesting another to expose his or
her intimate parts; and 2) committing or offering to commit or requesting another
to commit an act of sexual contact. A person who violates this prohibition may be
fined not more than $10,000 or imprisoned for not more than nine months, or both.
Disposition of prostitution-related cases
The bill makes several changes relating to the disposition of cases of persons
arrested for or convicted of offenses relating to prostitution. Specifically, the bill
provides that when a person convicted of an offense relating to prostitution is
released from prison on parole or extended supervision, the person may be required
as a condition of parole or extended supervision to avoid the premises where the
offense occurred or the geographic area where the offense occurred, or both.
Finally, the bill provides for a deferred prosecution program for certain persons
accused of or charged with prostitution, patronizing prostitutes, pandering (if the
person did not receive compensation from the prostitute's earnings), or acts done
with the intent to engage in prostitution, to patronize prostitutes, to solicit
prostitutes, or to pander. Under the deferred prosecution program, the accused or
charged person must agree to abide by certain conditions, including participation in
a program designed to educate offenders about the effect of prostitution on the
community and its neighborhoods, if such a program is offered by a public agency or
private organization in the community in which the person lives or in which the
violation occurred and if the person has the financial ability to pay any fee required
to participate in the program. If the person satisfies the conditions of the deferred
prosecution, the case against him or her is not prosecuted; but if he or she fails to
satisfy the conditions, the case against him or her may be prosecuted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB304, s. 1
1Section 1. 48.57 (3p) (g) 3. of the statutes is amended to read:
AB304,3,152 48.57 (3p) (g) 3. The person has been convicted of a violation of ch. 940, 944 or
3948, other than a violation of s. 940.291, 940.34, 944.36, 948.45, 948.63, or 948.70,
4or of a violation of the law of any other state or federal law that would be a violation
5of ch. 940, 944, or 948, other than a violation of s. 940.291, 940.34, 944.36, 948.45,
6948.63, or 948.70, if committed in this state, except that a county department or, in
7a county having a population of 500,000 or more, the department of health and family
8services may make payments to a person applying for payments under sub. (3m) and
9a person receiving payments under sub. (3m) may employ in a position in which the
10person would have regular contact with the child for whom those payments are being
11made or permit to be an adult resident a person who has been convicted of a violation
12of s. 944.30, 944.31 or, 944.33, or 944.335 or of a violation of the law of any other state
13or federal law that would be a violation of s. 944.30, 944.31 or, 944.33, or 944.335 if
14committed in this state, if that violation occurred 20 years or more before the date
15of the investigation.
AB304, s. 2 16Section 2. 165.60 of the statutes is amended to read:
AB304,3,23 17165.60 Law enforcement. The department of justice is authorized to enforce
18ss. 101.123 (2), (5), and (8), 944.30, 944.31, 944.33, 944.335, 944.34, 945.02 (2),
19945.03, and 945.04 and is invested vested with the powers conferred by law upon
20sheriffs and municipal police officers in the performance of those duties. This section
21does not deprive or relieve sheriffs, constables, and other local police officers of the
22power and duty to enforce those sections, and those officers shall likewise enforce
23those sections.
AB304, s. 3 24Section 3. 165.70 (1) (b) of the statutes is amended to read:
AB304,4,3
1165.70 (1) (b) Enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 941.25 to
2941.27, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33,
3944.335, 944.34, 946.65, 947.02 (3) and (4), and 948.08.
AB304, s. 4 4Section 4. 302.113 (7) of the statutes is renumbered 302.113 (7) (a).
AB304, s. 5 5Section 5. 302.113 (7) (b) of the statutes is created to read:
AB304,4,196 302.113 (7) (b) If a person is released on extended supervision under a
7bifurcated sentence imposed for any violation of s. 944.30, 944.31, 944.32, 944.33,
8944.335, or 944.34, the department may, subject to par. (a), require as a condition of
9extended supervision that the person avoid the premises where the violation
10occurred, the geographic area where the violation occurred, or both the premises and
11the geographic area where the violation occurred. If the department imposes a
12condition of extended supervision under this paragraph that requires the person to
13avoid the geographic area where the violation occurred, the department shall specify
14in detail the geographic area to which the condition applies. This paragraph does not
15prohibit the department from requiring as a condition of probation that a person
16placed on probation for any violation of s. 944.30, 944.31, 944.32, 944.33, 944.335, or
17944.34 avoid the premises where the violation occurred, the geographic area where
18the violation occurred, or both the premises and the geographic area where the
19violation occurred.
AB304, s. 6 20Section 6. 304.06 (1z) of the statutes is created to read:
AB304,5,921 304.06 (1z) If a person is paroled from a sentence imposed for any violation of
22s. 944.30, 944.31, 944.32, 944.33, 944.335, or 944.34, the parole commission or the
23department may require as a condition of parole that the person avoid the premises
24where the violation occurred, the geographic area where the violation occurred, or
25both the premises and the geographic area where the violation occurred. If the parole

1commission or the department imposes a condition of parole under this subsection
2that requires the person to avoid the geographic area where the violation occurred,
3the parole commission or the department, whichever is applicable, shall specify in
4detail the geographic area to which the condition applies. This subsection does not
5prohibit the department from requiring as a condition of probation that a person
6placed on probation for any violation of s. 944.30, 944.31, 944.32, 944.33, 944.335, or
7944.34 avoid the premises where the violation occurred, the geographic area where
8the violation occurred, or both the premises and the geographic area where the
9violation occurred.
AB304, s. 7 10Section 7. 944.30 (4g) of the statutes is created to read:
AB304,5,1311 944.30 (4g) Masturbates himself or herself in the presence of another person
12at the request of that other person or offers to masturbate himself or herself in the
13presence of another person for anything of value.
AB304, s. 8 14Section 8. 944.335 of the statutes is created to read:
AB304,5,16 15944.335 Acts in furtherance of prostitution. Any person who intentionally
16does any of the following is guilty of a Class A misdemeanor:
AB304,5,18 17(1) Exposes or offers to expose or requests another to expose his or her intimate
18parts with intent to commit a violation of s. 944.30, 944.31, 944.32, or 944.33.
AB304,5,20 19(2) Commits or offers to commit or requests another to commit an act of sexual
20contact with intent to commit a violation of s. 944.30, 944.31, 944.32, or 944.33.
AB304, s. 9 21Section 9. 971.41 of the statutes is created to read:
AB304,5,25 22971.41 Deferred prosecution programs; prostitution cases. (1) The
23district attorney may enter into a deferred prosecution agreement under this section
24with a person accused of or charged with any violation of s. 944.30, 944.31, or 944.335
25or any misdemeanor violation of s. 944.33 if all of the following apply to the person:
AB304,6,1
1(a) The person has not previously been convicted of any state or federal crime.
AB304,6,32 (b) The person is not also accused of or charged with any crime other than a
3violation of s. 944.30, 944.31, or 944.335 or a misdemeanor violation of s. 944.33.
AB304,6,8 4(2) A deferred prosecution agreement under sub. (1) shall provide that the
5prosecution will be suspended for a specified period not to exceed one year if the
6person complies with conditions specified in the agreement. The agreement shall be
7in writing, shall be signed by the district attorney or his or her designee and the
8person, and shall provide all of the following:
AB304,6,109 (a) That the person waives his or her right to a speedy trial during the period
10of the agreement.
AB304,6,1211 (b) That the agreement will toll any applicable civil or criminal statute of
12limitations during the period of the agreement.
AB304,6,1413 (c) That the person shall file with the district attorney a monthly written report
14certifying his or her compliance with the conditions specified in the agreement.
AB304,6,21 15(3) If a public agency or private organization in the community in which the
16person lives or in which the violation occurred offers a program designed to educate
17offenders about the negative effect of prostitution on the community and its
18neighborhoods, a deferred prosecution agreement under sub. (1) shall provide, as one
19of its conditions, that the person must participate in the program, except that if the
20program requires a participant to pay a fee, the person may be required to participate
21in the program only if he or she has the financial ability to pay the fee.
AB304,6,24 22(4) The written agreement shall be terminated and the prosecution may
23resume upon written notice by either the person or the district attorney to the other
24prior to completion of the period of the agreement.
AB304,7,4
1(5) Upon completion of the period of the agreement, if the agreement has not
2been terminated under sub. (4), the court shall dismiss, with prejudice, any charge
3or charges against the person in connection with the crime specified in sub. (1), or
4if no such charges have been filed, none may be filed.
AB304,7,11 5(6) Consent to a deferred prosecution under this section is not an admission of
6guilt and the consent may not be admitted in evidence in a trial for the crime specified
7in sub. (1), unless the consent is relevant to questions concerning the statute of
8limitations or lack of speedy trial. No statement relating to the crime, made by the
9person in connection with any discussions concerning deferred prosecution or made
10to any person involved in a program in which the person must participate as a
11condition of the agreement, is admissible in a trial for the crime specified in sub. (1).
AB304, s. 10 12Section 10. 973.01 (5) of the statutes is amended to read:
AB304,7,2213 973.01 (5) Extended supervision conditions. Whenever the court imposes a
14bifurcated sentence under sub. (1), the court may impose conditions upon the term
15of extended supervision. If a person is given a bifurcated sentence for any violation
16of s. 944.30, 944.31, 944.32, 944.33, 944.335, or 944.34, the court may require as a
17condition of extended supervision that the person avoid the premises where the
18violation occurred, the geographic area where the violation occurred, or both the
19premises and the geographic area where the violation occurred. If the court imposes
20a condition of extended supervision under this subsection that requires the person
21to avoid the geographic area where the violation occurred, the court shall specify in
22detail the geographic area to which the condition applies.
AB304, s. 11 23Section 11. 973.075 (1) (b) 1m. c. of the statutes is amended to read:
AB304,7,2524 973.075 (1) (b) 1m. c. In the commission of a crime in violation of s. 944.30,
25944.31, 944.32, 944.33, 944.335, or 944.34.
AB304, s. 12
1Section 12. 973.075 (2) (intro.) of the statutes is amended to read:
AB304,8,62 973.075 (2) (intro.)  A law enforcement officer may seize property subject to
3this section upon process issued by any court of record having jurisdiction over the
4property. Except for vehicles used in the commission of a crime in violation of s.
5944.30, 944.31, 944.32, 944.33, 944.335, or 944.34, seizure without process may be
6made under any of the following circumstances:
AB304, s. 13 7Section 13. Initial applicability.
AB304,8,98 (1) This act first applies to offenses that occur on the effective date of this
9subsection.
AB304,8,1010 (End)
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