Sexual assault of a child placed in substitute care

What is sexual assault of a child placed in a substitute care facility? Section 948.085(2) of the Wisconsin Statutes prohibits sexual assault of a child placed in substitute care.  The law provides: Whoever does any of the following is guilty of a Class C felony: (2) Has sexual contact or sexual intercourse with a child who…

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Sexual exploitation by therapist defense

What is sexual contact by a therapist? Section 940.22(2) of the Wisconsin Statutes prohibits sexual contact by therapist.  The law says: (2)  Sexual contact prohibited. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client…

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Keeping a place of prostitution defense

What is keeping a place of prostitution? Section 944.34 of the Wisconsin Statutes prohibits keeping a place of prostitution.  The law indicates: 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…

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Pandering defense

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…

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Soliciting to practice prostitution defense

What is soliciting a prostitute? Section 944.32 of the Wisconsin Statutes defines soliciting prostitutes.  The law provides: Except [in cases involving soliciting a child for prostitution], 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. The definition of solicit is…

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Patronizing prostitutes

What is patronizing a prostitute? This crime is literally a “being in the wrong place” at the wrong time situation.  (And never use those words in court.)  Section 944.31 of the Wisconsin Statutes describes the offense: Except [in situations involving patronizing a child], any person who enters or remains in any place of prostitution with…

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Prostitution: nonmarital sexual intercourse

What is prostitution: nonmarital sexual intercourse? You’ve probably noticed these words on your charging documents.  At Van Severen Law Office 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…

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Public fornication defense

What is fornication in public? Section 944.15(2) of the Wisconsin Statutes prohibits fornication in public.  The law indicates: Whoever has sexual intercourse in public is guilty of a Class A misdemeanor. Section 944.15(1) of the Wisconsin Statutes defines the term in public: In this section, “in public” means in a place where or in a manner…

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Sexual assault of a child by a school staff person

What is sexual assault of a child by a school staff person? Section 948.095(2) of the Wisconsin Statutes prohibits this offense.  The law indicates: “(2) Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant’s spouse is guilty of a Class H…

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Exposing a child to harmful material defense

What is exposing a child to harmful material? Section 948.11(2)(a) of the Wisconsin Statutes prohibits this offense.  The law says: (a) Whoever, with knowledge of the character and content of the material, sells, rents, exhibits, plays, distributes, or loans to a child any harmful material, with or without monetary consideration, is guilty of a Class I…

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