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; 2001 a. 109.

944.06 944.06 Incest. Whoever marries or has nonmarital sexual intercourse, as defined in s. 948.01 (6), 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.

944.06 History History: 1977 c. 173; 2001 a. 109; 2009 a. 13.

944.06 Annotation Lawrence v. Texas, 539 U.S. 558 (2003), did not announce a fundamental right of adults to engage in all forms of private consensual sexual conduct. There was no clearly established federal law in 2001 that supported defendant’s claim that he had a fundamental right to engage in incest free from government proscription. Muth v. Frank, 412 F.3d 808 (2005).

subch. III of ch. 944 SUBCHAPTER III

FORNICATION; ADULTERY; GRATIFICATION

944.15 944.15 Public fornication.

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.

944.15 History History: 1977 c. 173; 1983 a. 17, 27; 1987 a. 332; 2001 a. 109.

944.16 944.16 Adultery. Whoever does either of the following is guilty of a Class I 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; 2001 a. 109.

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 commits an act of sexual gratification in public involving the sex organ of one person and the mouth or anus of another is guilty of a Class A misdemeanor.

944.17(3) (3) Subsection (2) does not apply to a mother’s breast-feeding of her child.

944.17 History History: 1977 c. 173; 1983 a. 17; 1987 a. 332; 1995 a. 165; 2019 a. 162.

944.18 944.18 Bestiality.

944.18(1) (1) Definitions. In this section:

944.18(1)(a) (a) “Animal” means any creature, either alive or dead, except a human being.

944.18(1)(b) (b) “Obscene material” has the meaning given in s. 944.21 (2) (c).

944.18(1)(c) (c) “Photograph or film” means the making of a photograph, motion picture film, video tape, digital image, or any other recording.

944.18(1)(d) (d) “Sexual contact” means any of the following types of contact that is not an accepted veterinary medical practice, an accepted animal husbandry practice that provides care for animals, an accepted practice related to the insemination of animals for the purpose of procreation, or an accepted practice related to conformation judging: