CHAPTER 944
CRIMES AGAINST SEXUAL MORALITY
LEGISLATIVE INTENT
SEXUAL CRIMES WHICH AFFECT THE FAMILY.
FORNICATION; ADULTERY; GRATIFICATION.
944.17 Sexual gratification.
OBSCENITY.
944.20 Lewd and lascivious behavior.
944.205 Photographs, motion pictures, videotapes or other visual representations showing nudity.
944.21 Obscene material or performance.
944.23 Making lewd, obscene or indecent drawings.
PROSTITUTION.
944.31 Patronizing prostitutes.
944.32 Soliciting prostitutes.
944.34 Keeping place of prostitution.
944.36 Solicitation of drinks prohibited.
LEGISLATIVE INTENT
944.01
944.01
Intent. The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.
944.01 History
History: 1983 a. 17.
SEXUAL CRIMES WHICH AFFECT THE FAMILY.
944.05(1)(1) Whoever does any of the following is guilty of a Class E felony:
944.05(1)(a)
(a) Contracts a marriage in this state with knowledge that his or her prior marriage is not dissolved; or
944.05(1)(b)
(b) Contracts a marriage in this state with knowledge that the prior marriage of the person he or she marries is not dissolved; or
944.05(1)(c)
(c) 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 with knowledge that the prior marriage of the person he or she married had not been dissolved.
944.05(2)
(2) In this section "cohabit" means to live together under the representation or appearance of being married.
944.05 History
History: 1977 c. 173;
1993 a. 486.
944.06
944.06
Incest. 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 C felony.
944.06 History
History: 1977 c. 173.
FORNICATION; ADULTERY; GRATIFICATION.
944.15(1)(1) In this section, "in public" means 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.
944.15(2)
(2) Whoever has sexual intercourse in public is guilty of a Class A misdemeanor.
944.16
944.16
Adultery. Whoever does either of the following is guilty of a Class E felony:
944.16(1)
(1) A married person who has sexual intercourse with a person not the married person's spouse; or
944.16(2)
(2) A person who has sexual intercourse with a person who is married to another.
944.16 History
History: 1977 c. 173;
1993 a. 486.
944.17
944.17
Sexual gratification. 944.17(1)
(1) In this section, "in public" means 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.
944.17(2)
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
944.17(2)(a)
(a) Commits an act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another.
944.17(2)(c)
(c) Commits an act of sexual gratification involving his or her sex organ and the sex organ, mouth or anus of an animal.
944.17(2)(d)
(d) Commits an act of sexual gratification involving his or her sex organ, mouth or anus and the sex organ of an animal.
944.17(3)
(3) Subsection (2) does not apply to a mother's breast-feeding of her child.
944.17 Annotation
Section 944.17 (1), 1965 stats., is not unconstitutionally vague or overbroad. Jones v. State, 55 W (2d) 742, 200 NW (2d) 587.
OBSCENITY.
944.20
944.20
Lewd and lascivious behavior. 944.20(1)
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
944.20(1)(a)
(a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or
944.20(1)(b)
(b) Publicly and indecently exposes genitals or pubic area.
944.20(2)
(2) Subsection (1) does not apply to a mother's breast-feeding of her child.
944.20 Annotation
The word "publicly" in 944.20 (2) is susceptible to a construction which will avoid the question of constitutional overbreadth, by limiting the application of the statute to constitutionally permissible goals of protecting children from exposure to obscenity and preventing assaults on sensibilities of unwilling adults in public. Reichenberger v. Warren, 319 F Supp. 1237.
944.205
944.205
Photographs, motion pictures, videotapes or other visual representations showing nudity. 944.205(2)
(2) Whoever does any of the following is guilty of a Class E felony:
944.205(2)(a)
(a) Takes a photograph or makes a motion picture, videotape or other visual representation or reproduction that depicts nudity without the knowledge and consent of the person who is depicted nude, if the person knows or has reason to know that the person who is depicted nude does not know of and consent to the taking or making of the photograph, motion picture, videotape or other visual representation or reproduction.
944.205(2)(b)
(b) Possesses or distributes a photograph, motion picture, videotape or other visual representation or reproduction that depicts nudity and that was taken or made without the knowledge and consent of the person who is depicted nude, if the person knows or has reason to know that the photograph, motion picture, videotape or other visual representation or reproduction was taken or made without the knowledge and consent of the person who is depicted nude.
944.205(3)
(3) Notwithstanding
sub. (2) (a) and
(b), if the person in a photograph, motion picture, videotape or other visual representation or reproduction is a child and the making, possession or distribution of the photograph, motion picture, videotape or other visual representation or reproduction does not violate
s. 948.05 or
948.12, a parent, guardian or legal custodian of the child may do any of the following:
944.205(3)(a)
(a) Make and possess the photograph, motion picture, videotape or other visual representation or reproduction of the child.
944.205(3)(b)
(b) Distribute a photograph, motion picture, videotape or other visual representation or reproduction made or possessed under
par. (a) if the distribution is not for commercial purposes.
944.205(4)
(4) This section does not apply to a person who receives a photograph, motion picture, videotape or other visual representation or reproduction of a child from a parent, guardian or legal custodian of the child under
sub. (3) (b), if the possession and distribution are not for commercial purposes.
944.205 History
History: 1995 a. 249.
944.21
944.21
Obscene material or performance. 944.21(1)
(1) 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.
944.21(2)(c)
(c) "Obscene material" means a writing, picture, sound recording or film which:
944.21(2)(c)1.
1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
944.21(2)(c)2.
2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
944.21(2)(c)3.
3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
944.21(2)(d)
(d) "Obscene performance" means a live exhibition before an audience which:
944.21(2)(d)1.
1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
944.21(2)(d)2.
2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
944.21(2)(d)3.
3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
944.21(2)(e)
(e) "Sexual conduct" means the commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.
944.21(2)(f)
(f) "Wholesale transfer or distribution of obscene material" means any transfer for a valuable consideration of obscene material for purposes of resale or commercial distribution; or any distribution of obscene material for commercial exhibition. "Wholesale transfer or distribution of obscene material" does not require transfer of title to the obscene material to the purchaser, distributee or exhibitor.
