Wisconsin Statutes

Wis. Stat. § 823.09 (2026)

Bawdyhouses declared nuisances

✓ current as of July 2026

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823.09823.09 Bawdyhouses declared nuisances. Whoever shall erect, establish, continue, maintain, use, occupy or lease any building or part of building, erection or place to be used for the purpose of lewdness, assignation or prostitution, or permit the same to be used, in the state of Wisconsin, shall be guilty of a nuisance and the building, erection, or place, in or upon which such lewdness, assignation or prostitution is conducted, permitted, carried on, continued or exists, and the furniture, fixtures, musical instruments and contents used therewith for the same purpose are declared a nuisance, and shall be enjoined and abated.

823.09 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.09.

823.09 AnnotationFourth degree sexual assault under s. 940.225 (3m) constitutes lewdness and supports a finding of a nuisance. State v. Panno, 151 Wis. 2d 819, 447 N.W.2d 74 (Ct. App. 1989).

823.09 AnnotationRead in conjunction with s. 823.11, this section and s. 823.10 do not violate due process because they provide the opportunity to challenge prima facie evidence that a defendant knowingly permitted prostitution to occur on the defendant’s property and also allow the collateral challenge of the underlying prostitution convictions. The statutes also do not violate constitutional rights to freedom of association, the protection against government establishment of religion, or equal protection. State v. Schultz, 218 Wis. 2d 798, 582 N.W.2d 113 (Ct. App. 1998), 97-3414.

Notes of Decisions

Cited in 3 cases, 1989–1999 · leading case: State v. Schultz, 582 N.W.2d 113 (Wis. Ct. App. 1998).

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State v. Schultz, 582 N.W.2d 113 (Wis. Ct. App. 1998). · cites it 12× “He argues that §§ 823.09 and 823.10, STATS., unconstitutionally violate his federal due process and freedom of association rights, contrary to the First and Fourteenth Amendments to the United States Constitution.”

State v. Panno, 447 N.W.2d 74 (Wis. Ct. App. 1989). “10, and enjoined Odyssey, *824 pursuant to sec. 823.09, Stats., from operating the bookstore for a period of one year.”

State v. Schultz, 591 N.W.2d 904 (Wis. Ct. App. 1999). · cites it 2× “The State sought an injunction against the bar based on a nuisance claim pursuant to §§ 823.09 and 823.10, STATS., alleging that Schultz permitted prostitution involving sexual contact to occur within the bar.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.