Crimes against sexual morality

Wis. Stat. ch. 944

in effect

Wis. Stat. § 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.

Wis. Stat. § 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.

Wis. Stat. § 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.

Wis. Stat. § 944.15 Public fornication

Wis. Stat. § 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.

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

Wis. Stat. § 944.18 Bestiality

(1) Definitions. In this section: (a) “Animal” means any creature, either alive or dead, except a human being. (b) “Obscene material” has the meaning given in s. 944.21 (2) (c). (c) “Photograph or film” means the making of a photograph, motion picture film, video tape, digital image, or any other recording. (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: 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. 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. 3. Any insertion, however slight, of any part of an animal’s body into the vaginal or anal opening of a person. (2) Prohibited conduct. No person may knowingly do any of the following: (a) Engage in sexual contact with an animal. (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. (c) Organize, promote, conduct, or participate as an observer of an act involving sexual contact with an animal. (d) Permit sexual contact with an animal to be conducted on any premises under his or her ownership or control. (e) Photograph or film obscene material depicting a person engaged in sexual contact with an animal. (f) Distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal. (g) Possess with the intent to distribute, sell, publish, or transmit obscene material depicting a person engaged in sexual contact with an animal. (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. (i) Engage in sexual contact with an animal in the presence of a child who has not attained the age of 13 years. (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. (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. (3) Penalties. (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. (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: 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. 2. That the person shall submit to a psychological assessment and participate in appropriate counseling at the person’s expense. 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. (4) Severability. The provisions of this section are severable, as provided in s. 990.001 (11).

Wis. Stat. § 944.19 Prohibiting child sex dolls

(1) In this section, “child sex doll” means an anatomically correct doll, mannequin, or robot, with features that are intended to resemble a minor that is intended for use in sex acts, for sexual gratification, or for the purpose of manipulating children into participating in sex acts, instructing children how to participate in sexual acts, or normalizing sexual behavior with children. (2) (a) No person may intentionally possess a child sex doll. A person who violates this paragraph is guilty of the following: 1. For a first offense involving fewer than 3 child sex dolls, a Class I felony. 2. For a 2nd offense or for an offense involving at least 3 child sex dolls, a Class H felony. 3. For a 3rd or subsequent offense, a Class G felony. 4. For a first offense involving a child sex doll that is intended to resemble a specific minor, a Class E felony. 5. For a 2nd or subsequent offense involving a child sex doll that is intended to resemble a specific minor, a Class D felony. (b) No person may intentionally sell, transfer possession of, advertise, display, or provide premises for the use of, or offer to sell, transfer possession of, advertise, display, or provide premises for the use of, a child sex doll. A person who violates this paragraph is guilty of the following: 1. For a first offense, a Class I felony. 2. For a 2nd offense, a Class H felony. 3. For a 3rd or subsequent offense, a Class G felony. (c) No person may intentionally sell, transfer possession of, advertise, or display, or offer to sell, transfer possession of, advertise, or display, instructions on how to create a child sex doll or materials intended to create a child sex doll. A person who violates this paragraph is guilty of the following: 1. For a first offense, a Class F felony. 2. For a 2nd or subsequent offense, a Class E felony. (d) No person may intentionally manufacture a child sex doll. A person who violates this paragraph is guilty of the following: 1. For a first offense, a Class F felony. 2. For a 2nd or subsequent offense, a Class E felony. 3. For a first offense involving a child sex doll that is intended to resemble a specific minor, a Class E felony. 4. For a 2nd or subsequent offense involving a child sex doll that is intended to resemble a specific minor, a Class D felony. (3) A person who commits a violation under sub. (2) is guilty of a felony that is one classification higher than the penalty provided under sub. (2) if the person has one or more prior convictions for a violation under s. 948.02 (1), 948.025 (1) (a) to (d), 948.03 (2), 948.05, 948.075, or 948.12. (4) (a) Subsection (2) does not apply to a law enforcement officer, physician, psychologist, attorney, officer of the court, or other person involved in law enforcement or child therapy in the lawful performance of his or her duty. (b) Subsection (2) (b) and (d) do not apply to a manufacturer or distributor who is providing or manufacturing a child sex doll for a use described in par. (a).

Wis. Stat. § 944.20 Lewd and lascivious behavior

(1) Whoever does any of the following is guilty of a Class A misdemeanor: (a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or (b) Publicly and indecently exposes genitals or pubic area. (2) Subsection (1) does not apply to a mother’s breast-feeding of her child.

Wis. Stat. § 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. (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): (a) Distributes, exhibits, or plays any obscene material to a person under the age of 18 years. (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. (5) (a) Except as provided under pars. (b) to (e), any person violating sub. (3) or (4) is subject to a Class A forfeiture. (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. (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. (d) Prior convictions under pars. (b) and (c) apply only to offenses occurring on or after June 17, 1988. (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. (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. (6) Each day a violation under sub. (3) or (4) continues constitutes a separate violation under this section. (7) A district attorney may submit a case for review under s. 165.25 (3m). No civil or criminal proceeding under this section may be commenced against any person for a violation of sub. (3) or (4) unless the attorney general determines under s. 165.25 (3m) that the proceeding may be commenced. (8) (a) The legislature finds that the libraries and educational institutions under par. (b) carry out the essential purpose of making available to all citizens a current, balanced collection of books, reference materials, periodicals, sound recordings and audiovisual materials that reflect the cultural diversity and pluralistic nature of American society. The legislature further finds that it is in the interest of the state to protect the financial resources of libraries and educational institutions from being expended in litigation and to permit these resources to be used to the greatest extent possible for fulfilling the essential purpose of libraries and educational institutions. (b) No person who is an employee, a member of the board of directors or a trustee of any of the following is liable to prosecution for violation of this section for acts or omissions while in his or her capacity as an employee, a member of the board of directors or a trustee: 1. A public elementary or secondary school. 2. A private school, as defined in s. 115.001 (3r), or a tribal school, as defined in s. 115.001 (15m). 3. Any school offering vocational, technical or adult education that: a. Is a technical college, is a school approved by the department of safety and professional services under s. 440.52, or is a school described in s. 440.52 (1) (e) 6., 7. or 8.; and b. Is exempt from taxation under section 501 (c) (3) of the internal revenue code. 4. Any institution of higher education that is accredited, as described in s. 39.30 (1) (d), and is exempt from taxation under section 501 (c) (3) of the internal revenue code. 5. A library that receives funding from any unit of government. (9) In determining whether material is obscene under sub. (2) (c) 1. and 3., a judge or jury shall examine individual pictures, recordings of images, or passages in the context of the work in which they appear. (10) The provisions of this section, including the provisions of sub. (8), are severable, as provided in s. 990.001 (11).

Wis. Stat. § 944.23 Making lewd, obscene or indecent drawings

Whoever makes any lewd, obscene or indecent drawing or writing in public or in a public place is guilty of a Class C misdemeanor.

Wis. Stat. § 944.25 Sending obscene or sexually explicit electronic messages

(1) In this section: (a) “Electronic mail solicitation” means an electronic mail message, including any attached program or document, that is sent for the purpose of encouraging a person to purchase property, goods, or services. (b) “Obscene material” has the meaning given in s. 944.21 (2) (c). (c) “Sexually explicit conduct” has the meaning given in s. 948.01 (7). (2) Whoever sends an unsolicited electronic mail solicitation to a person that contains obscene material or a depiction of sexually explicit conduct without including the words “ADULT ADVERTISEMENT” in the subject line of the electronic mail solicitation is guilty of a Class A misdemeanor.

Wis. Stat. § 944.30 Prostitution

(1m) Any person who intentionally does any of the following is guilty of a Class A misdemeanor: (a) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value. (b) 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. (c) Is an inmate of a place of prostitution. (d) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value. (e) Commits or offers to commit or requests to commit an act of sexual contact for anything of value. (2m) If the person under sub. (1m) has not attained the age of 18 years and if the court determines that the best interests of the person are served and society will not be harmed, the court may enter a consent decree under s. 938.32 or a deferred prosecution agreement in accordance with s. 938.245, 971.39, or 971.40.

Wis. Stat. § 944.31 Patronizing prostitutes

Except as provided in s. 948.081, 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 the following: (1) For a first or 2nd violation, a Class A misdemeanor. (2) For a 3rd or subsequent violation, a Class I felony.

Wis. Stat. § 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.

Wis. Stat. § 944.33 Pandering

Whoever does any of the following is guilty of a Class A misdemeanor: (1) 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 (2) 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.

Wis. Stat. § 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.

Wis. Stat. § 944.36 Solicitation of drinks prohibited

Any licensee, permittee or bartender of a retail alcohol beverage establishment covered by a license or permit issued under ch. 125 who permits an entertainer or employee to solicit a drink of any alcohol beverage, as defined in s. 125.02 (1), or any other drink from a customer on the premises, or any entertainer or employee who solicits such drinks from any customer, is guilty of a Class B misdemeanor.

Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/statutes/statutes/944Fetched: 10/7/2026