Wisconsin Statutes

Wis. Stat. § 823.10 (2026)

Disorderly house, action for abatement

✓ current as of July 2026

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823.10823.10 Disorderly house, action for abatement. If a nuisance, as defined in s. 823.09, exists the district attorney or any citizen of the county may maintain an action in the circuit court in the name of the state to abate the nuisance and to perpetually enjoin every person guilty thereof from continuing, maintaining or permitting the nuisance. All temporary injunctions issued in the actions begun by district attorneys shall be issued without requiring the undertaking specified in s. 813.06, and in actions instituted by citizens it shall be discretionary with the court or presiding judge to issue them without the undertaking. The conviction of any person, of the offense of lewdness, assignation or prostitution committed in the building or part of a building, erection or place shall be sufficient proof of the existence of a nuisance in the building or part of a building, erection or place, in an action for abatement commenced within 60 days after the conviction.

823.10 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.10; 1977 c. 449.

823.10 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).

823.10 AnnotationRead in conjunction with s. 823.11, this section and s. 823.09 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 2 cases, 1989–1998 · leading case: State v. Panno, 447 N.W.2d 74 (Wis. Ct. App. 1989).

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State v. Panno, 447 N.W.2d 74 (Wis. Ct. App. 1989). · cites it 6× “, respectively, constituted offenses of "lewdness" within the meaning of the nuisance statute, sec. 823.10, Stats. The court then found the seven convictions for this conduct to be sufficient proof of a nuisance per se under sec.”

State v. Schultz, 582 N.W.2d 113 (Wis. Ct. App. 1998). · cites it 5× “Section 823.10, STATS., describes an action for abatement and provides: *803 If a nuisance, as defined in s.”

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.