reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.62 - Unlawful receipt of payments to obtain loan for another.

943.62
Unlawful receipt of payments to obtain loan for another.
(1)
In this section, “escrow agent" means a state or federally chartered bank, savings bank, savings and loan association or credit union located in this state.
(2)
Except as provided in sub. (2m), no person may receive a payment from a customer as an advance fee, salary, deposit or money for the purpose of obtaining a loan or a lease of personal property for the customer unless the payment is immediately placed in escrow subject to the condition that the escrow agent shall deliver the payment to the person only upon satisfactory proof of the closing of the loan or execution of the lease within a period of time agreed upon in writing between the person and the customer; otherwise the payment shall be returned to the customer immediately upon expiration of the time period.
(2m)
This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, mortgage loan originator, or mortgage broker licensed under s. 224.72 or 224.725.
(3)
(a)
Advance payments to cover reasonably estimated costs are excluded from the requirements of sub. (2) if the customer first signs a written agreement which recites in capital and lowercase letters of not less than 12-point boldface type all of the following:
1.
The estimated costs by item.
2.
The estimated total costs.
3.
Money advanced for incurred costs will not be refunded.
(b)
If a cost under par. (a) is not incurred, the person shall refund that amount to the customer.
(4)
Whoever violates this section is guilty of:
(a)
A Class A misdemeanor, if the value of the advance payment or required refund, as applicable, does not exceed $2,500.
(c)
A Class F felony, if the value of the advance payment or required refund, as applicable, exceeds $2,500.
History:  1981 c. 20; 1983 a. 167; 1987 a. 359; 1987 a. 403 s. 256; 1995 a. 27; 1997 a. 145; 2001 a. 16, 109; 2009 a. 2.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.74 - Theft of farm-raised fish.

943.74
Theft of farm-raised fish.
(1)
In this section:
(a)
“Farm-raised fish" means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm.
(b)
“Fish farm" means a facility at which a person, including this state or a local governmental unit, hatches fish eggs or rears fish for the purpose of introduction into the waters of the state, human or animal consumption, permitting fishing, or use as bait or fertilizer or for sale to another person to rear for one of those purposes.
(c)
“Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of the political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
(2)
No person may intentionally take and carry away, transfer, conceal, or retain possession of farm-raised fish of another without the other's consent and with intent to deprive the owner permanently of possession of the farm-raised fish.
(3)
(a)
Except as provided in par. (b), whoever violates sub. (2) is guilty of a Class A misdemeanor.
(b)
Whoever violates sub. (2) after having been convicted of a violation of sub. (2) is guilty of a Class D felony.
History:  2001 a. 91, 105.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.75 - Unauthorized release of animals.

943.75
Unauthorized release of animals.
(1)
In this section:
(ad)
“Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.
(am)
“Humane officer" means an officer appointed under s. 173.03.
(b)
“Local health officer" has the meaning given in s. 250.01 (5).
(2)
Whoever intentionally releases an animal that is lawfully confined for companionship or protection of persons or property, recreation, exhibition, or educational purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class C misdemeanor. A 2nd violation of this subsection by a person is a Class A misdemeanor. A 3rd or subsequent violation of this subsection by a person is a Class I felony.
(2m)
Whoever intentionally releases an animal that is lawfully confined for scientific, farming, restocking, research or commercial purposes, acting without the consent of the owner or custodian of the animal, is guilty of a Class H felony.
(3)
Subsections (2) and (2m) do not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s. 169.15, 169.18, or 169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).
(4)
When the existence of an exception under sub. (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under sub. (2) or (2m).
History:  1991 a. 20, 269; 1993 a. 27; 1995 a. 79; 1997 a. 27, 192, 248; 1999 a. 45; 2001 a. 56, 109.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.76 - Infecting animals with a contagious disease.

943.76
Infecting animals with a contagious disease.
(1)
In this section:
(a)
“Livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (ag), poultry, and other animals used or to be used in the production of food, fiber, or other commercial products.
(b)
“Paratuberculosis" has the meaning given in s. 95.001 (1) (c).
(c)
“Reckless conduct" means conduct that creates a substantial risk of an animal's death or a substantial risk of bodily harm to an animal if the actor is aware of that risk.
(2)
(a)
Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class F felony.
(b)
Whoever intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class F felony.
(3)
(a)
Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into livestock without the consent of the owner of the livestock is guilty of a Class A misdemeanor.
(b)
Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into wild deer without the consent of the department of natural resources is guilty of a Class A misdemeanor.
(c)
This subsection does not apply if the actor's conduct is undertaken pursuant to a directive issued by the department of agriculture, trade and consumer protection or an agreement between the actor and the department of agriculture, trade and consumer protection, if the purpose of the directive or the agreement is to prevent or control the spread of the disease.
(4)
(a)
Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class H felony if one of the following applies:
1.
The owner of the livestock is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.
2.
The owner of the livestock is unaware of the threat, but if the owner were apprised of the threat, it would be reasonable for the owner to believe that the actor would attempt to carry out the threat.
(b)
Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class H felony if one of the following applies:
1.
The department of natural resources is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.
2.
The department of natural resources is unaware of the threat, but if the department were apprised of the threat, it would be reasonable for the department to believe that the actor would attempt to carry out the threat.
History:  2001 a. 16, 109; 2003 a. 321.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.80 - Definitions.

943.80
Definitions.
In this subchapter:
(1)
“Financial crime" means a crime under ss. 943.81 to 943.90 or any other felony committed against a financial institution or an attempt or conspiracy to commit one of these crimes.
(2)
“Financial institution" means a bank, as defined in s. 214.01 (1) (c), a savings bank, as defined in s. 214.01 (1) (t), a savings and loan association, a trust company, a credit union, as defined in s. 186.01 (2), a mortgage banker, as defined in s. 224.71 (3), or a mortgage broker, as defined in s. 224.71 (4), whether chartered under the laws of this state, another state or territory, or under the laws of the United States; a company that controls, is controlled by, or is under common control with a bank, a savings bank, a savings and loan association, a trust company, a credit union, a mortgage banker, or a mortgage broker; or a person licensed under s. 138.09, other than a person who agrees for a fee to hold a check for a period of time before negotiating or presenting the check for payment and other than a pawnbroker, as defined in s. 138.10 (1) (a).
History:  2005 a. 212; 2013 a. 360.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.81 - Theft from a financial institution.

943.81
Theft from a financial institution.
Whoever knowingly uses, transfers, conceals, or takes possession of money, funds, credits, securities, assets, or property owned by or under the custody or control of a financial institution without authorization from the financial institution and with intent to convert it to his or her own use or to the use of any person other than the owner or financial institution may be penalized as provided in s. 943.91.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.82 - Fraud against a financial institution.

943.82
Fraud against a financial institution.
(1)
Whoever obtains money, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution by means of false pretenses, representations, or promises, or by use of any fraudulent device, scheme, artifice, or monetary instrument may be penalized as provided in s. 943.91.
(2)
Whoever falsely represents that he or she is a financial institution or a representative of a financial institution for the purpose of obtaining money, goods, or services from any person or for the purpose of obtaining or recording a person's personal identifying information, as defined in s. 943.201 (1) (b), is guilty of Class H felony.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.83 - Loan fraud.

943.83
Loan fraud.
Whoever with intent to defraud a financial institution knowingly overvalues or makes a false statement concerning any land, security, or other property for the purpose of influencing the financial institution to take or defer any action in connection with a loan or loan application may be penalized as provided in s. 943.91 according to the value of the loan.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.84 - Transfer of encumbered property.

943.84
Transfer of encumbered property.
(1)
Whoever, with intent to defraud, conveys real property which he or she knows is encumbered, without informing the grantee of the existence of the encumbrance may be penalized as provided in s. 943.91.
(2)
Whoever, with intent to defraud, does any of the following may be penalized as provided in s. 943.91:
(a)
Conceals, removes or transfers any personal property in which he or she knows another has a security interest; or
(b)
In violation of the security agreement, fails or refuses to pay over to the secured party the proceeds from the sale of property subject to a security interest.
(3)
It is prima facie evidence of an intent to defraud within the meaning of sub. (2) (a) if a person, with knowledge that the security interest exists, removes or sells the property without either the consent of the secured party or authorization by the security agreement and fails within 72 hours after service of written demand for the return of the property either to return it or, in the event that return is not possible, to make full disclosure to the secured party of all the information the person has concerning its disposition, location and possession.
(4)
In this section “security interest" means an interest in property which secures payment or other performance of an obligation; “security agreement" means the agreement creating the security interest; “secured party" means the person designated in the security agreement as the person in whose favor there is a security interest or, in the case of an assignment of which the debtor has been notified, the assignee.
(5)
In prosecutions for violation of sub. (2) arising out of transfers of livestock subject to a security agreement in violation of the terms of the security agreement, evidence that the debtor who transferred the livestock signed or endorsed any writing arising from the transaction, including a check or draft, which states that the transfer of the livestock is permitted by the secured party establishes a rebuttable presumption of intent to defraud.
History:  1977 c. 173; 1979 c. 144; 1993 a. 486; 2001 a. 109; 2005 a. 212 s. 7m; Stats. 2005 s. 943.84.
It is not necessary that a security interest be perfected by filing to support a conviction under this section. State v. Tew, 54 Wis. 2d 361, 195 N.W.2d 615 (1972).
“Removal" under sub. (2) (a) refers to a permanent change in situs, not necessarily across state lines. A showing of diligence by the secured party in seeking the secured property is not required. Jameson v. State, 74 Wis. 2d 176, 246 N.W.2d 541 (1976).
Sub. (1) is not unconstitutionally vague. Liens were effective as encumbrances on the date work was performed or materials supplied. State v. Lunz, 86 Wis. 2d 695, 273 N.W.2d 767 (1979).
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.85 - Bribery involving a financial institution.

943.85
Bribery involving a financial institution.
(1)
Whoever, with intent to defraud a financial institution, confers, offers, or agrees to confer a benefit on an employee, agent, or fiduciary of the financial institution without the consent of the financial institution and with intent to influence the employee's, agent's, or fiduciary's conduct in relation to the affairs of the institution is guilty of a Class H felony.
(2)
Any employee, agent, or fiduciary of a financial institution who without the consent of the financial institution and with intent to defraud the financial institution solicits, accepts, or agrees to accept any benefit from another person pursuant to an agreement that the employee, agent, or fiduciary will act in a certain manner in relation to the affairs of the financial institution is guilty of a Class H felony.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.86 - Extortion against a financial institution.

943.86
Extortion against a financial institution.
Whoever for the purpose of obtaining money, funds, credits, securities, assets, or property owned by or under the custody or control of a financial institution threatens to cause bodily harm to an owner, employee, or agent of a financial institution or to cause damage to property owned by or under the custody or control of the financial institution is guilty of a Class H felony.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.87 - Robbery of a financial institution.

943.87
Robbery of a financial institution.
Whoever by use of force or threat to use imminent force takes from an individual or in the presence of an individual money or property that is owned by or under the custody or control of a financial institution is guilty of Class C felony.
History:  2005 a. 212.
The state did not offer direct evidence of the bank's charter, a required element of the crime of robbery of a financial institution. The law does not require either introduction of the charter itself or testimony from a witness with personal knowledge of the charter. Circumstantial evidence may suffice to prove an essential element of the crime charged. State v. Eady, 2016 WI App 12, 366 Wis. 2d 711, 875 N.W.2d 139, 15-0110.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.88 - Organizer of financial crimes.

943.88
Organizer of financial crimes.
Whoever commits 3 or more financial crimes within an 18-month period is guilty of a Class E felony if all of the following conditions apply:
(1)
Each of the crimes is committed in concert with a person whom the actor supervises, organizes, finances, or manages. The person need not be the same for each of the crimes.
(2)
At least one of the crimes is committed on or after April 11, 2006.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.89 - Mail fraud.

943.89
Mail fraud.
Whoever does any of the following to further commission of a financial crime or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, furnish, or procure for an unlawful purpose any counterfeit currency, obligation, or security is guilty of a Class H felony:
(1)
Deposits or causes any matter to be deposited in a United States post office or authorized depository for United States mail.
(2)
Deposits or causes to be deposited any matter or thing to be sent or delivered by a commercial carrier.
(3)
Takes or receives any matter or a thing sent or delivered by United States mail or by a commercial carrier.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.895 - Money laundering.

943.895
Money laundering.
(1)
Definitions. In this section:
(a)
“Proceeds” means property or anything of value acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission.
(b)
“Transaction” has the meaning given in s. 946.79 (1) (f).
(2)
Prohibited conduct.
(a)
Whoever does any of the following may be penalized as provided in sub. (3):
1.
Knowingly receives or acquires proceeds that the person knows are derived from unlawful activity or conducts a transaction involving proceeds that the person knows are derived from unlawful activity.
2.
Knowingly directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows are derived from unlawful activity.
3.
Knowingly gives, sells, transfers, trades, invests, conceals, transports, or otherwise makes available proceeds that the person knows are intended to be used for the purpose of committing or furthering the commission of unlawful activity.
4.
Knowingly conducts a transaction that involves proceeds that the person knows are derived from unlawful activity that is designed in whole or in part to do one of the following:
a.
Conceal or disguise the nature, location, source, ownership, or control of the proceeds obtained through unlawful activity.
b.
Avoid a transaction reporting requirement under federal law.
(b)
For the purposes of par. (a), knowledge that the proceeds are derived from unlawful activity does not require knowledge of the specific nature of the unlawful activity involved.
(c)
In any case involving more than one violation of par. (a), all such violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.
(3)
Penalties. A person who violates sub. (2) (a) is guilty of the following:
(a)
If the total value of the proceeds involved in the transaction does not exceed $2,500, a Class A misdemeanor.
(b)
If the total value of the proceeds involved in the transaction exceeds $2,500 but does not exceed $5,000, a Class I felony.
(c)
If the total value of the proceeds involved in the transaction exceeds $5,000 but does not exceed $10,000, a Class H felony.
(d)
If the total value of the proceeds involved in the transaction exceeds $10,000 but does not exceed $100,000, a Class G felony.
(e)
If the total value of the proceeds involved in the transaction exceeds $100,000, a Class F felony.
(4)
Financial institutions. A financial institution that has complied with all applicable money laundering reporting requirements under federal law is not criminally liable under this section.
History: 2019 a. 161.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.90 - Wire fraud against a financial institution.

943.90
Wire fraud against a financial institution.
Whoever transmits or causes to be transmitted electrically, electromagnetically, or by light any signal, writing, image, sound, or data for the purpose of committing a financial crime is guilty of a Class H felony.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.91 - Penalties.

943.91
Penalties.
Whoever violates s. 943.81, 943.82 (1), 943.83, or 943.84 is guilty of the following:
(1)
If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan does not exceed $500, a Class A misdemeanor.
(2)
If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan does not exceed $500, and the person has previously been convicted of an misdemeanor or felony under s. 943.10, 943.12, 943.20 to 943.75, or 943.81 to 943.90, a Class I felony.
(3)
If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $500 but does not exceed $10,000, a Class H felony.
(4)
If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $10,000 but does not exceed $100,000, a Class G felony.
(5)
If the value of the money, funds, credits, securities, assets, property, proceeds from sale, or loan exceeds $100,000, a Class E felony.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 943 - Crimes against property. › 943.92 - Increased penalty for multiple financial crimes.

943.92
Increased penalty for multiple financial crimes.
If a person is convicted of committing 3 or more financial crimes in an 18-month period, the term of imprisonment for the 3rd or subsequent crime in the 18-month period may be increased as follows:
(1)
A maximum term of imprisonment of one year or less may be increased to not more than 2 years.
(2)
A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 4 years if at least one of the prior convictions was for a felony.
(3)
A maximum term of imprisonment of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 years if at least one of the prior convictions was for a felony.
History:  2005 a. 212.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.01 - 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.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.05 - Bigamy.

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.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.06 - Incest.

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.
History:  1977 c. 173; 2001 a. 109; 2009 a. 13.
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).
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.15 - Public fornication.

944.15
Public fornication.
(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.
(2)
Whoever has sexual intercourse in public is guilty of a Class A misdemeanor.
History:  1977 c. 173; 1983 a. 17, 27; 1987 a. 332; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.16 - Adultery.

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.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.17 - Sexual gratification.

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.
History:  1977 c. 173; 1983 a. 17; 1987 a. 332; 1995 a. 165; 2019 a. 162.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.20 - Lewd and lascivious behavior.

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.
History:  1977 c. 173; 1983 a. 17; 1989 a. 31; 1995 a. 165.
“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).
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.23 - Making lewd, obscene or indecent drawings.

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.
History:  1977 c. 173.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.25 - Sending obscene or sexually explicit electronic messages.

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.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.30 - Prostitution.

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.
History:  1977 c. 173; 1979 c. 221; 1983 a. 17; 1993 a. 213; 2013 a. 362.
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 this section, 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), 98-1456.
Since sub. (1) [now sub. (1m) (a)] requires a request for nonmarital sexual intercourse be coupled with the offer of anything of value, evidence that the defendant was willing to pay to watch the witness masturbate did not satisfy sub. (1). State v. Turnpaugh, 2007 WI App 222, 305 Wis. 2d 722, 741 N.W.2d 488, 06-2301.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.31 - Patronizing prostitutes.

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.
History:  1977 c. 173; 1979 c. 221; 1983 a. 17; 2017 a. 128, 131, 364.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.32 - Soliciting prostitutes.

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).
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.33 - Pandering.

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.
History:  1977 c. 173; 1979 c. 221, 355; 1983 a. 17; 1993 a. 486; 2001 a. 109; 2013 a. 362.
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.34 - Keeping place of prostitution.

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).
2023 Wisconsin Statutes & Annotations › Chapter 944 - Crimes against sexual morality. › 944.36 - Solicitation of drinks prohibited.

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.
History:  1975 c. 39 s. 675x; 1975 c. 199; Stats. 1975 s. 944.36; 1977 c. 173; 1981 c. 79.
Legislative Council Note, 1981: The amendment to s. 944.36 reflects the combining of s. 66.054 and ch. 176 into one chapter, ch. 125, and the definition of “alcohol beverage" in that chapter. [Bill 300-A]
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.02 - Gambling.

945.02
Gambling.
Whoever does any of the following is guilty of a Class B misdemeanor:
(1)
Makes a bet; or
(2)
Enters or remains in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling machine; or
(3)
Conducts a lottery, or with intent to conduct a lottery, possesses facilities to do so.
History:  1977 c. 173.
Games such as “Las Vegas nights" constitute illegal lotteries; the law does not exempt benevolent and nonprofit organizations. 70 Atty. Gen. 59.
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.035 - Certain slot machines on licensed premises.

945.035
Certain slot machines on licensed premises.
(1)
In this section, “exempt slot machine" means a slot machine manufactured before December 31, 1974, that is exempt from the prohibition under s. 945.05 (1) because it is intended to be used solely for display, restoration and preservation purposes.
(2)
No person to whom a license or permit has been issued under ch. 125 may do any of the following:
(a)
Set up or keep an exempt slot machine on the premises for which the license or permit is issued.
(b)
Permit another person to set up or keep an exempt slot machine on the premises for which the license or permit is issued.
(3)
A person who violates sub. (2) may be required to forfeit not more than $500 for each violation.
History:  1999 a. 134.
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.04 - Permitting premises to be used for commercial gambling.

945.04
Permitting premises to be used for commercial gambling.
(1m)
Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:
(a)
Permits any real estate owned or occupied by him or her or under his or her control to be used as a gambling place; or
(b)
Permits a gambling machine to be set up for use for the purpose of gambling in a place under his or her control.
(2m)
If the violation of sub. (1m) involves the setup or use of not more than 5 video gambling machines on premises for which a Class “B" or “Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:
(a)
If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.
(b)
If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.
(c)
If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.
(d)
If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.
(e)
If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.
History:  1977 c. 173; 1993 a. 486; 1999 a. 9, 185.
The defendant's use of a warehouse to conduct pyramid club meetings was a “principal use" under s. 945.01 (4) (a). State v. Dahlk, 111 Wis. 2d 287, 330 N.W.2d 611 (Ct. App. 1983).
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.05 - Dealing in gambling devices.

945.05
Dealing in gambling devices.
(1)
Except as provided in subs. (1e) (b) and (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class I felony:
(a)
Anything which he or she knows evidences, purports to evidence or is designed to evidence participation in a lottery or the making of a bet; or
(b)
Any device which he or she knows is designed exclusively for gambling purposes or anything which he or she knows is designed exclusively as a subassembly or essential part of such device. This includes without limitation gambling machines, numbers jars, punch boards and roulette wheels. Playing cards, dice, permanently disabled gambling machines and slot machines manufactured before December 31, 1974, that are intended to be used solely for display, restoration and preservation purposes shall not be considered devices exclusively for gambling purposes.
(1e)
(a)
In this subsection, “authorized gambling facility" means any of the following:
1.
An Indian gaming facility, as defined in s. 569.01 (1j).
2.
A gaming establishment located on lands acquired after October 17, 1998, by the U.S. secretary of the interior in trust for the benefit of an Indian tribe.
3.
A facility at which gambling lawfully takes place.
(b)
Subsection (1) does not apply to a person who manufactures, transfers commercially or possesses with intent to transfer commercially gambling devices described in sub. (1) (a) and (b) to any of the following:
1.
An authorized gambling facility.
2.
A nonprofit or public educational institution that provides an educational program for which it awards a bachelor's or higher degree for the use in a casino gaming management class.
(1m)
If a violation of sub. (1) involves the commercial transfer of a video gambling machine or possession of a video gambling machine with the intent to transfer commercially, the person is subject to a Class C forfeiture.
(2)
Proof of possession of any device designed exclusively for gambling purposes, which is less than 25 years old, is not in a gambling place and is not set up for use, is prima facie evidence of possession with intent to transfer.
(3)
Any motor vehicle or aircraft, used or employed to aid in or to facilitate the unlawful manufacture or commercial transfer of those gambling devices enumerated in sub. (1), may be seized by any peace officer and shall be forfeited to the state in an action brought by the attorney general or the district attorney of the county where the vehicle or aircraft is subject to forfeiture and such action shall be in the name of and on behalf of the state in accordance with ch. 778. Lienholders and owners shall have the same rights as provided in s. 139.40.
History:  1977 c. 173, 297; 1979 c. 32 s. 92 (8); 1993 a. 486; 1999 a. 9, 134; 2001 a. 16, 109.
Dissemination of out-of-state lottery tickets by business establishments in Wisconsin, with or without a purchase, violates sub. (1) (a). 75 Atty. Gen. 47.
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.06 - Public utilities to cease service.

945.06
Public utilities to cease service.
When any public utility, common carrier, contract carrier, or railroad, subject to the jurisdiction of the public service commission, office of the commissioner of railroads or department of transportation of this state, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in violation of the laws of this state it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility, common carrier, contract carrier or railroad, for any act done in compliance with any notice received from a law enforcement agency under this section. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination as otherwise provided by law in any court or tribunal or agency, that such facility should not be discontinued or removed, or should be restored.
History:  1977 c. 29 s. 1654 (9) (i); 1981 c. 347 s. 80 (2); 1993 a. 16, 123.
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.07 - Gambling by participants in contest.

945.07
Gambling by participants in contest.
(1)
Any participant in, or any owner, employer, coach or trainer of a participant in, any contest of skill, speed, strength or endurance of persons, machines or animals at which admission is charged, who makes a bet upon any opponent in such contest is guilty of a Class A misdemeanor.
(2)
In this section, “participant" includes any person who is selected or who expects to take part in any such contest.
History:  1975 c. 94; 1977 c. 173.
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.08 - Bribery of participant in contest.

945.08
Bribery of participant in contest.
(1)
Any person who, with intent to influence any participant to refrain from exerting full skill, speed, strength or endurance, transfers or promises any property or any personal advantage to or on behalf of any participant in a contest of skill, speed, strength or endurance is guilty of a Class H felony.
(2)
Any participant in any such contest who agrees or offers to refrain from exerting full skill, speed, strength or endurance in return for any property or any personal advantage transferred or promised to the participant or another is guilty of a Class A misdemeanor.
(3)
In this section “participant" includes any person who is selected to or who expects to take part in any such contest.
History:  1977 c. 173; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 945 - Gambling. › 945.09 - Commercial printing.

945.09
Commercial printing.
Sections 945.02, 945.03 and 945.05 do not apply to any person who operates a commercial printing business and without consideration other than for regular and customary printing charges, prints and sells tickets in the ordinary course of business which have been ordered by a customer in another state to be sold in that state, if the lottery is lawful in the state from which the order is placed and the order is shipped to such customer in that state.
History:  1977 c. 66.