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Prostitution: nonmarital sexual intercourse is a misdemeanor in Wisconsin.  Contact Meyer Van Severen at (414) 270-0202 for help.

Prostitution charges in Wisconsin are generally misdemeanors.  For example, nonmarital sexual intercourse is a Class A misdemeanor in Wisconsin.  A conviction for this level offense carries a maximum penalty of 9 months in jail, $10,000.00 in jail, or both.  While this isn’t a felony-level charge, it’s the highest level misdemeanor in Wisconsin.  Along with these serious penalties, prostitution charges carry negative, often unfair, judgments about the defendant.

At Meyer Van Severen, S.C. we recognize that you’re fighting a multi-front battle.  Clearing your name is important when facing charges like this.  But more important, potentially, is avoiding a criminal conviction and the penalties that come along with that.  Our criminal defense attorneys represent individuals fighting battles just like this on a daily basis.  We recognize that the conviction, the penalty, and the stigma associated with a charge like this will impact the rest of your life.

If you’re charged with prostitution: nonmarital sexual intercourse, contact Meyer Van Severen immediately.  You can reach out criminal defense attorneys 24/7 at (414) 270-0202.

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What is prostitution: nonmarital sexual intercourse?

You’ve probably noticed these words on your charging documents.  At Meyer Van Severen, S.C. we want to help individuals facing these charges in any way we can.  Therefore, we’re providing the statutory definition of this offense.  Section 944.30(1m) of the Wisconsin Statutes defines prostitution: nonmarital sexual intercourse:

(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.
Certainly the statute is clear.  Whoever gains anything of value for any kind of sex act is guilty of this offense.  Alternatively, whoever requests a sex act for money is guilty of the offense.  So, in other words, both the provider and the purchaser can be charged under this subsection.
Section 944.31 of the Wisconsin Statutes, along with our page for patronizing prostitutes, describes slightly different scenarios. Specifically, the defendant in those actions is charged based upon his presence in a “place of prostitution.”

What are the elements of this offense?

All crimes in Wisconsin have elements.  Elements are parts of the offense.  At trial, the government must prove beyond a reasonable doubt each of the elements.  And finally, if the government fails, you cannot be convicted of the crime.

Wisconsin Criminal Jury Instruction 1560 describes this prostitution charge:

  • Firstly, the defendant had, offered to have, or requested to have nonmarital sexual intercourse for anything of value; and
  • Secondly, the defendant acted intentionally.  Intentionally means that the defendant acted with the purpose to have nonmarital sexual intercourse for anything of value.

You’ll notice that the actually statute we cited above talks about a lot more than simply sexual intercourse.  There’s mention of sexual contact, masturbation, and being an inmate of a place of prostitution.  There are no jury instructions that describe those offenses.  Instead, in the notes for this instruction, the Committee indicates this instruction should be modified to meet those crimes.

Finally, pursuant to the jury instruction, sexual intercourse requires only vulvar penetration and does not require emission.  This is different from the definition of sexual intercourse used in sexual assault cases.

a bed for nonmarital sexual intercourse
Prostitution: nonmarital sexual intercourse is a Class A misdemeanor in Wisconsin. Contact one of our top criminal defense attorneys at (414) 270-0202 for help.

How do we defend my charge?

Frequently individuals charged with prostitution offenses are caught in the act.  Fortunately for the provider, police stings usually don’t occur.  That’s not the case for the purchase of prostitutes, in which case there are frequently stings.  And the reason for this is simple.  Frequently law enforcement and prosecutors see individuals practicing prostitution as victims of human trafficking.  Because of this, frequently prosecutors offer defendants in cases like this deferred prosecution agreements.  A deferred prosecution agreement, or DPA, generally allows individuals in misdemeanor charges the ability to escape a criminal conviction.

Standard defenses, such as credibility of witnesses, true innocence, and other issues still certainly apply.  While we certainly don’t push clients towards DPAs, the result is generally exceptionally favorable for your future.

Each criminal case is different, and in each case we must examine all police reports and discovery materials to figure out which defenses best apply to your case.

Finally, contact one of our criminal defense attorneys for immediate help.

The criminal defense attorneys at Meyer Van Severen, S.C. focus 100% of their practices on criminal law.  That means we’re better able to assist you when fighting criminal charges.  It’s our opinion that “general practice” lawyers certainly cannot represent you like a criminal defense expert can.  This is all we do because it works in your favor.

Prostitution cases carry serious misdemeanor penalties, but there’s also some embarrassment when a charge like this ends up on your record.  The criminal defense lawyers at Meyer Van Severen understand the stigmas attached to charges like this, and we know that you need a solid ally in your corner.  Our goal is to get you through this difficult situation in a way that protects you moving forward.

To speak with one of our criminal defense attorneys, call Meyer Van Severen immediately at (414) 270-0202. Let’s start fighting your case.