Section 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 .

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 .