Sexual graftication in public defense lawyers - Wis. Stat. 944.17(2)
Sexual gratification in public is a misdemeanor sex charge in Wisconsin. Contact Van Severen Law Office for help: (414) 270-0202
Sexual gratification in public charges are Class A misdemeanors in Wisconsin. Although this is a serious charge, the maximum penalty one faces upon conviction for this offense is 9 months in jail, $10,000.00 in fines, or both. In addition to those penalties, any charge included in Chapter 944 of the Wisconsin Statutes (including this one) exposes the defendant to the possibility of having to comply with sex offender registry requirements. While jail and fines are temporary, being forced to register as a sex offender is obviously an incredibly serious, life-altering penalty.
At Van Severen Law Office, S.C., our criminal defense attorneys have a significant amount of experience in defending sex crime charges. This certainly includes sexual gratification in public. We’ve fought for clients simply trying to resolve their case for the best deal and for those looking to contest the charges at trial. We’ve won for our clients, and we’d like to win for you.
Contact our firm at (414) 270-0202. Our answering service is staffed by real humans 24/7/365, so there’s no need to wait to call.
Section 944.17 of the Wisconsin Statutes – Sexual Gratification in Public
(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.
The statutes begins by defining “in public” for readers. This is an important part of the statutes, as sexual gratification within a private place, such as your house, is certainly legal. But does your house always protect you from prosecution under this statute? It doesn’t. For example, if the defendant was taking part in sexual gratification in an open window situated on a busy intersection in a large city, prosecutors would likely still argue that this location was “in public.” Whether the location was “in public” is a question of law, and eventually a judge or jury is tasked with determining whether your situation qualified.
Finally, mothers engaged in breast-feeding are not subject to this statute. In other words, breast-feeding a child in public is not a crime.
Wisconsin Criminal Jury Instruction 1537
One of the easiest ways to understand a crime is by taking a look at its jury instructions. Most criminal charges in Wisconsin have published instructions, whereas others require collaboration between parties and the court to create an instruction. Jury instructions describe elements, or parts, of a crime that the government must prove beyond a reasonable doubt.
Firstly, the defendant committed an act of sexual gratification with another person involving the sex organ of one person and the mouth or anus of another.
Secondly, the alleged act of sexual gratification took place in public. “In public” means in a place where other people are present or where other people can observe the act.
Finally, the defendant knew or had reason to believe that the alleged act was observable by or in the presence of others.
What do the instructions mean?
Taking a look at these instructions, it’s clear that a few scenarios frequently involve this crime. The first is a prostitution situation, where the prostitute and the client are caught in the act. Sometimes acts of prostitution are committed in a vehicle or otherwise in public. A vehicle qualifies as “in public” when we take a look at the instructions – other people are certainly present and can observe the act through windows. The second situation typically involves younger individuals engaged in some sort of sex act in a vehicle or park. Perhaps the defendants in this case are college students who still live at home and are simply looking to avoid the prying eyes and ears of his or her parent. Both situations qualify under the statute.
County parks, parked vehicles, and playgrounds are places where many sexual gratification in public offenses occur. Contact Van Severen Law Office, S.C. for help with this or any other criminal charge. (414) 270-0202.
Does a conviction require sex offender registry?
Registering as a sex offender is certainly a serious consequence for a misdemeanor offense. Section 973.048 of the Wisconsin Statutes provides guidance for who may be required to register as a sex offender:
973.048(1m)(a) – … if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944 …, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.
Sexual gratification in public is included in Chapter 944 of the Wisconsin Statutes. Was the crime sexually motivated? Would the interest of the public be best served by forcing you to register as a sex offender? Young lovers in a park typically will not need to register as sex offenders. But what about receiving oral sex from a prostitute in a car? This is closer, but most frequently judges will not require these individuals to register. There are always exceptions.
Contact Van Severen Law Office, S.C. for help defending your sexual gratification in public case: (414) 270-0202
Sexual gratification charges in Wisconsin are classified as misdemeanors. Along with traditional misdemeanor penalties, the circumstances surrounding the charges could lead a court to require the defendant to register as a sex offender. At Van Severen Law Office, S.C., we recognize how serious these potential penalties are. We certainly realize how much they will impact your life moving forward. And we do our very best to minimize the consequences (if any) that our clients face moving forward.
We dedicate 100% of our practice to fighting criminal charges just like these. Our focus on only one area of law yields better results for our clients. After all, how is some update regarding tort law going to impact your sex crime case? It won’t.
Contact us at (414) 270-0202 to begin speaking with one of our criminal defense attorneys about your case.
