Wisconsin Prostitution and Solicitation Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024

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Wisconsin law makes prostitution in its many forms unlawful. This includes selling and buying sex (solicitation) as well as pimping and human trafficking. As compared with more serious sex crimes, prostitution-related crimes are often misdemeanors. But, some criminal offenses, such as profiting from prostitution (pimping), or keeping a place of prostitution, are felony offenses.

Some prostitution cases can carry felony charges as well. For example, there are cases when a customer ("john") goes beyond the agreed sexual activity and rapes a prostitute. Wisconsin's sexual assault laws criminalize this type of sexual contact.

Human trafficking offenses are also more serious felonies due to the serious nature of forcing others into prostitution and the way traffickers treat their victims.

For more on these laws, see Wisconsin's Rape and Sexual Assault laws.

Wisconsin Prostitution and Solicitation Laws: Statutes

If you're facing charges for prostitution, pimping, or solicitation of prostitution, you should know the potential penalties. The following table details the main provisions of Wisconsin's prostitution laws.

Code sections

Wisconsin Statutes Chapter 940: Crimes Against Sexual Morality, Subchapter 5

Prostitution — Wisc. Stat. Section 944.30

Patronizing Prostitutes — Wisc. Stat. Section 944.31

Soliciting Prostitutes — Wisc. Stat. Section 944.32

Pandering — Wisc. Stat. Section 944.33

Keeping a Place of Prostitution — Wisc. Stat. Section 944.34
What is prohibited?

Wisconsin prohibits any of the following activities:

  • Prostitution — Offering to engage in non-marital sexual intercourse or any other act for purposes of sexual gratification in exchange for anything of value
  • Patronizing prostitutes — Entering or remaining in a place of prostitution to have non-marital sex, oral or anal sex, masturbation, or other sexual contact with a prostitute.
  • Pandering — Soliciting a person to have non-marital sex, oral or anal sex, masturbation, or other sexual relations with a known sex worker. This crime also includes facilitating another person to practice prostitution.
  • Soliciting prostitutes — Intentionally soliciting or causing a person to engage in prostitution.
  • Keeping a place of prostitution — Intentionally keeping a brothel or allowing another to act as an inmate of a place of prostitution.

Besides these laws, pimps and others may face human trafficking charges. Wisconsin law prohibits a person from knowingly engaging in the trafficking (recruiting, harboring, transporting, obtaining, etc.) of a person for labor, services, or commercial sex acts by any of the following means:

  • Physical harm, violence, or force
  • Financial harm or threats of financial harm
  • Debt bondage
  • Restraining the person
  • Extortion
  • Destroying, hiding, or possessing any identification document of the person
  • Fraud or deception
  • Controlling or threatening to control access to addictive drugs
  • Any other means of coercing, threatening, or intimidating the person
Penalties

The penalties for the above crimes vary by the class of offense. The possible sentences are as follows:

  • Benefiting from human trafficking: Class D Felony — Imprisonment of up to 25 years and a fine of up to $100,000
  • Profiting from human trafficking: Class F Felony — Up to 12.5 years in prison and possible fines of up to $25,000
  • Soliciting prostitutes or maintaining a house of prostitution: Class H Felony — Imprisonment of up to six years and fines of up to $10,000
  • Prostitution, patronizing a prostitute, and pandering: Class A Misdemeanor — Up to nine months in jail and a fine of up to $10,000
Civil penalties

If a human trafficking victim suffers an injury or dies as a result of the defendant’s acts, they (or their family) can sue for damages, punitive damage, and attorney's fees.
Defenses Wisconsin law allows specific defenses to the above sex crimes. Your criminal defense lawyer must submit evidence supporting your alleged defense. Innocence is always a defense in criminal cases. So is entrapment. Not knowing the prostitute or human trafficking victim was a minor is not a defense.

Disclaimer: State laws are subject to change. Verifying your state's laws or seeking legal advice for your criminal case is essential.

Contact an Experienced Criminal Defense Attorney in Wisconsin

If Wisconsin is alleging that you engaged in the act of prostitution or a related offense, you should seek legal advice immediately. While the penalties for prostitution may not seem severe, a conviction will impact your personal and professional lives. A skilled criminal defense attorney will get the best possible outcome in your case.

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