image
image
image


 

BDSM and The Law

 
Wisconsin

This is NOT legal advice.

If you live in Wisconsin ask your Legislator to change these laws

Age of Consent in Wisconsin  is 18  

In the quiet town of Connorsville, Wisconsin, it's illegal for a man to shoot off a gun when his female partner has an orgasm.


Cross Reference: See definitions in s. 939.22.
SUBCHAPTER I
LEGISLATIVE INTENT
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.
History: 1983 a. 17.
SUBCHAPTER II
SEXUAL CRIMES WHICH AFFECT THE FAMILY
944.05 Bigamy
. (1) Whoever does any of the following is
guilty of a Class I felony:
(a) Contracts a marriage in this state with knowledge that his
or her prior marriage is not dissolved; or
(b) Contracts a marriage in this state with knowledge that the
prior marriage of the person he or she marries is not dissolved; or
(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.
(2) In this section “cohabit” means to live together under the
representation or appearance of being married.
History: 1977 c. 173; 1993 a. 486; 2001 a. 109.

SUBCHAPTER III
FORNICATION; ADULTERY; GRATIFICATION


944.16 Adultery. Whoever does either of the following is
guilty of a Class I felony:
(1) A married person who has sexual intercourse with a person
not the married person’s spouse; or
(2) A person who has sexual intercourse with a person who is
married to another.
History: 1977 c. 173; 1993 a. 486; 2001 a. 109.
944.17 Sexual gratification. (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.
(2) Whoever does any of the following is guilty of a Class A
misdemeanor:
(a) Commits an act of sexual gratification in public involving
the sex organ of one person and the mouth or anus of another.
(c) Commits an act of sexual gratification involving his or her
sex organ and the sex organ, mouth or anus of an animal.
(d) Commits an act of sexual gratification involving his or her
sex organ, mouth or anus and the sex organ of an animal.
(3) Subsection (2) does not apply to a mother’s breast–feeding
of her child.
History: 1977 c. 173; 1983 a. 17; 1987 a. 332; 1995 a. 165.
SUBCHAPTER IV
OBSCENITY

944.21 Obscene material or performance. (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.
(2) In this section:
(a) “Community” means this state.
(am) “Exhibit” has the meaning given in s. 948.01 (1d).
(b) “Internal revenue code” has the meaning specified in s.
71.01 (6).
(c) “Obscene material” means a writing, picture, film, or other
recording that:
1. The average person, applying contemporary community
standards, would find appeals to the prurient interest if taken as a
whole;
2. Under contemporary community standards, describes or
shows sexual conduct in a patently offensive way; and
3. Lacks serious literary, artistic, political, educational or
scientific value, if taken as a whole.
(d) “Obscene performance” means a live exhibition before an
audience which:
1. The average person, applying contemporary community
standards, would find appeals to the prurient interest if taken as a
whole;
2. Under contemporary community standards, describes or
shows sexual conduct in a patently offensive way; and
3. Lacks serious literary, artistic, political, educational or
scientific value, if taken as a whole.
(dm) “Recording” has the meaning given in s. 948.01 (3r).
(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.
(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.
(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):
(a) Imports, prints, sells, has in his or her possession for sale,
publishes, exhibits, plays, or distributes any obscene material.
(b) Produces or performs in any obscene performance.
(c) Requires, as a condition to the purchase of periodicals, that
a retailer accept obscene material.






SUBCHAPTER V
PROSTITUTION

944.30 Prostitution. 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.
History: 1977 c. 173; 1979 c. 221; 1983 a. 17; 1993 a. 213.
In order for a female prostitute to avoid prosecution upon equal protection grounds,
it must be shown that the failure to prosecute male patrons was selective, persistent,
discriminatory, and without justifiable prosecutorial discretion. State v. Johnson, 74
Wis. 2d 169, 246 N.W.2d 503 (1976).
Prosecuting for solicitation under s. 939.30, rather than for prostitution under s.
944.30, did not deny equal protection. Sears v. State, 94 Wis. 2d 128, 287 N.W.2d
785 (1980).
A prostitution raid focusing only on female participants amounts to selective prosecution
in violation of equal protection. The applicable constitutional analysis is discussed.
State v. McCollum, 159 Wis. 2d 184, 464 N.W.2d 44 (Ct. App. 1990).
As long as someone compensates another for engaging in nonmarital sex, the elements
of prostitution are met. The person making payment need not engage in the
sexual act. State v. Kittilstad, 231 Wis. 2d 245, 603 N.W.2d 732 (1999).

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.
History: 1977 c. 173; 1979 c. 221; 1983 a. 17.
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.
History: 1977 c. 173; 1987 a. 332; 2001 a. 109.
Section 944.32, 1985 stats., prohibiting solicitation of prostitutes, does not violate
right of free speech. Shillcutt v. State, 74 Wis. 2d 642, 247 N.W.2d 694 (1976).
This section is not unconstitutionally vague or overbroad and its penalty is not disproportionate.
State v. Johnson, 108 Wis. 2d 703, 324 N.W.2d 447 (Ct. App. 1982).
Monetary gain is not an element of the crime. State v. Huff, 123 Wis. 2d 397, 367
N.W.2d 226 (Ct. App. 1985).
944.33 Pandering. (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.
History: 1977 c. 173; 1979 c. 221, 355; 1983 a. 17; 1993 a. 486; 2001 a. 109.
944.34 Keeping place of prostitution. Whoever intentionally
does any of the following is guilty of a Class H felony:
(1) Keeps a place of prostitution; or
(2) Grants the use or allows the continued use of a place as a
place of prostitution.
History: 1977 c. 173; 2001 a. 109.
A conviction under sub. (2) requires proof that the defendant has authority to
exclude those engaging in prostitution from the use of the place for prohibited acts.
Shillcutt v. State, 74 Wis. 2d 642, 247 N.W.2d 694 (1976).
Under sub. (2), “grants the use” requires the prosecution to prove a single affirmative
approval of the use of the premises as a place of prostitution, while “allows the
continued use of” requires proof of intentional but passive acquiescence or toleration
of the use on more than one occasion. Johnson v. State, 76 Wis. 2d 672, 251 N.W.2d
834 (1977).


  

 

 

image
image