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.
944.18 944.18 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:
944.18(1)(d)1. 1. An act between a person and an animal involving physical contact between the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus of the other.
944.18(1)(d)2. 2. Any touching or fondling by a person, either directly or through clothing, of the sex organ, genitals, or anus of an animal or any insertion, however slight, of any part of a person's body or any object into the vaginal or anal opening of an animal.
944.18(1)(d)3. 3. Any insertion, however slight, of any part of an animal's body into the vaginal or anal opening of a person.
944.18(2) (2)Prohibited conduct. No person may knowingly do any of the following:
944.18(2)(a) (a) Engage in sexual contact with an animal.
944.18(2)(b) (b) Advertise, offer, accept an offer, sell, transfer, purchase, or otherwise obtain an animal with the intent that it be used for sexual contact in this state.
944.18(2)(c) (c) Organize, promote, conduct, or participate as an observer of an act involving sexual contact with an animal.
944.18(2)(d) (d) Permit sexual contact with an animal to be conducted on any premises under his or her ownership or control.
944.18(2)(e) (e) Photograph or film obscene material depicting a person engaged in sexual contact with an animal.
944.18(2)(f) (f) Distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal.
944.18(2)(g) (g) Possess with the intent to distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal.
944.18(2)(h) (h) Force, coerce, entice, or encourage a child who has not attained the age of 13 years to engage in sexual contact with an animal.
944.18(2)(i) (i) Engage in sexual contact with an animal in the presence of a child who has not attained the age of 13 years.
944.18(2)(j) (j) Force, coerce, entice, or encourage 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.
944.18(2)(k) (k) Engage 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.
944.18(3) (3)Penalties.
944.18(3)(a) (a) Any person who violates sub. (2) (a) to (g) is guilty of a Class H felony for the first violation and is guilty of a Class F felony for a 2nd or subsequent violation or if the act results in bodily harm to or the death of an animal. Any person who violates sub. (2) (h) or (i) is guilty of a Class F felony for the first violation and is guilty of a Class D felony for a 2nd or subsequent violation. Any person who violates sub. (2) (j) or (k) is guilty of a Class G felony for the first violation and is guilty of a Class E felony for a 2nd or subsequent violation.
944.18(3)(c) (c) If a person has been convicted under sub. (2), the sentencing court shall order, in addition to any other applicable penalties, all of the following:
944.18(3)(c)1. 1. That the person may not own, possess, reside with, or exercise control over any animal or engage in any occupation, whether paid or unpaid, at any place where animals are kept or cared for, for not less than 5 years or more than 15 years. In computing the time period, time which the person spent in actual confinement serving a criminal sentence shall be excluded.
944.18(3)(c)2. 2. That the person shall submit to a psychological assessment and participate in appropriate counseling at the person's expense.
944.18(3)(c)3. 3. That the person shall pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer or conservation warden or his or her designee, for any pecuniary loss suffered by the person as a result of the crime. This requirement applies regardless of whether the person is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the person to pay and shall determine the method of payment. Upon application of an interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss, as defined in s. 951.18 (4) (a) 1., under this subdivision.
944.18(4) (4)Severability. The provisions of this section are severable, as provided in s. 990.001 (11).
944.18 History History: 2019 a. 162; s. 35.17 correction in (3) (a).
subch. IV of ch. 944 SUBCHAPTER IV
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 History History: 1977 c. 173; 1983 a. 17; 1989 a. 31; 1995 a. 165.
944.20 Annotation “Publicly" is susceptible to a construction that 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 the sensibilities of unwilling adults in public. Reichenberger v. Warren, 319 F. Supp. 1237 (1970).
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) (2)In this section:
944.21(2)(a) (a) “Community" means this state.
944.21(2)(am) (am) “Exhibit" has the meaning given in s. 948.01 (1d).
944.21(2)(b) (b) “Internal revenue code" has the meaning specified in s. 71.01 (6).
944.21(2)(c) (c) “Obscene material" means a writing, picture, film, or other recording that:
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)(dm) (dm) “Recording" has the meaning given in s. 948.01 (3r).
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.
944.21(3) (3)Whoever does any of the following with knowledge of the character and content of the material or performance and for commercial purposes is subject to the penalties under sub. (5):
944.21(3)(a) (a) Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or distributes any obscene material.
944.21(3)(b) (b) Produces or performs in any obscene performance.
944.21(3)(c) (c) Requires, as a condition to the purchase of periodicals, that a retailer accept obscene material.
944.21(4) (4)Whoever does any of the following with knowledge of the character and content of the material is subject to the penalties under sub. (5):
944.21(4)(a) (a) Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.
944.21(4)(b) (b) 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.
944.21(5) (5)
944.21(5)(a)(a) Except as provided under pars. (b) to (e), any person violating sub. (3) or (4) is subject to a Class A forfeiture.
944.21(5)(b) (b) If the person violating sub. (3) or (4) has one prior conviction under this section, the person is guilty of a Class A misdemeanor.
944.21(5)(c) (c) If the person violating sub. (3) or (4) has 2 or more prior convictions under this section, the person is guilty of a Class H felony.
944.21(5)(d) (d) Prior convictions under pars. (b) and (c) apply only to offenses occurring on or after June 17, 1988.
944.21(5)(e) (e) Regardless of the number of prior convictions, if the violation under sub. (3) or (4) is for a wholesale transfer or distribution of obscene material, the person is guilty of a Class H felony.
944.21(5m) (5m)A contract printer or employee or agent of a contract printer is not subject to prosecution for a violation of sub. (3) regarding the printing of material that is not subject to the contract printer's editorial review or control.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on November 3, 2020. Published and certified under s. 35.18. Changes effective after November 3, 2020, are designated by NOTES. (Published 11-3-20)