Pandering is an aggravated misdemeanor charge in Wisconsin. Contact our top criminal defense lawyers at (414) 270-0202 for help.
Pandering is a Class A misdemeanor in Wisconsin. That means upon conviction, the defendant faces up to 9 months in jail, $10,000.00 in fines, or both. While this charge isn’t a felony, it is the highest level misdemeanor charge in Wisconsin. And unfortunately, pandering charges don’t simply impact your finances and liberty. Any charge involving prostitution carries with it negative stigma. Your friends, family, and co-workers might treat you differently based simply on the fact of the criminal charges.
At Van Severen Law Office our criminal defense lawyers believe that the best thing to do right now is hire a strong ally. Someone who doesn’t judge you, but instead wants to help you move past this situation and continue living the best life you can. We understand people make mistakes. And finally, we want to help.
Our criminal defense attorneys are just that: criminal defense attorneys. We don’t handle family law cases or business cases or other cases that don’t involve criminal law. And because of that we’re able to regularly achieve positive results for clients. To get started defending your pandering charge, or any other kind of criminal charge, contact us at (414) 270-0202. Our criminal defense attorneys return calls 24/7.
What is pandering?
Pandering charges don’t focus on the actual sex act in the prostitution. Instead, they focus on the facilitation of the sex act. This isn’t quite human trafficking, but it’s encouraging the use of a prostitute. Section 944.33 of the Wisconsin Statutes prohibits pandering.
Wisconsin Criminal Jury Instruction 1568A and 1568B define two different versions of pandering. Wisconsin Jury Instruction 1568B requires:
Firstly, the defendant directed or transported a person to a person or a prostitute; and
Secondly, the defendant directed or transported a person to a person or a prostitute with intent to facilitate the person in having nonmarital intercourse or committing an act of sexual gratification involving the sex order of one person and the mouth or anus of another, masturbation, or sexual contact with a prostitute.
Wisconsin Jury Instruction 1568A requires:
Firstly, the defendant solicited a person to have nonmarital sexual intercourse, to commit an act of sexual gratification involving the sex organ of one person and the mouth or anus of another, masturbation, or sexual contat with a prostitute; and
Secondly, the defendant knew the prostitute was a prostitute.
These jury instructions build a few important concepts into them that we should define.
Solicit means to command, encourage, or request another person to engage in conduct that constitutes a crime.
A prostitute is a person who intentionally engages in sexual intercourse or other sexual acts for anything of value.
With intent to facilitate requires that the defendant acted with the mental purpose to assist the person in the offense.
What’s the difference between these two offenses?
In simple language, one focuses on driving the defendant to the prostitute. The other focuses on encouraging the defendant to hire a prostitute.
It’s conceivable that the government could prosecute defendants in a few different ways based on this statute. The first focuses on friends of the defendant. For example, a group of friends gets together and decides that they want to hire a prostitute. One friend knows where to find said prostitute. That friend, the defendant, drives his friends to where the prostitute is and encourages them to purchase sex. Arguably this example satisfies the definition of pandering. Alternatively, the defendant simply encouraging his friends to have nonmarital sexual intercourse with a specific prostitute could satisfy the definition of the offense.
Alternatively, this charge could operate similarly to human trafficking. Specifically, defendant could be an individual placed within an adult entertainment facility (like a strip club). Upon seeing patrons amped up and excited, the defendant uses the opportunity to direct them to a prostitute. This is another conceivable way the government could charge pandering.
How do we defend your pandering charge?
All criminal cases are different, but the first thing we’ll examine is your actual language. Usually nobody says “go have nonmarital sexual intercourse with a prostitute.” What language did you use? Was it clear that you were encouraging someone else to engage in prostitution? Or was the language you used borderline? This could certainly impact your case and will be important to determining your guilt or innocence.
Prostitution charges are also where we frequently encounter entrapment situations. For example, the individual searching for a prostitute is a law enforcement officer. The officer approaches the defendant and pushes too hard. Depending on the language used and other pressures put on the defendant, you may have an entrapment situation.
Finally, contact Van Severen Law Office for serious criminal defense. (414) 270-0202
Our criminal attorneys are consistently recognizes among the best in Wisconsin. And that’s because of the positive results we’re known for achieving for defendants in criminal actions. Along with the jail and financial penalties you face for a charge like this, sex crimes often involve unfair stigmas.
Contact Van Severen Law Office at (414) 270-0202. Let’s start fighting your pandering charge.