Wisconsin Statutes
Wis. Stat. § 944.20 (2026)
Lewd and lascivious behavior
✓ current as of July 2026
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944.20(1)(a)(a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or
944.20 Annotation“Publicly” is susceptible to a construction that will avoid the question of constitutional overbreadth, by limiting the application of the statute to constitutionally permissible goals of protecting children from exposure to obscenity and preventing assaults on the sensibilities of unwilling adults in public. Reichenberger v. Warren, 319 F. Supp. 1237 (1970).
Notes of Decisions
Cited in 24
cases (4 in the last 5 years), 1960–2024 · leading case: State v. Quintana, 2008 WI 33 (Wis. 2008).
State v. Quintana, 2008 WI 33 (Wis. 2008). “17 (1955) (utilizing the word "sex organ"); Lewd and lascivious behavior, Wis. Stat. § 944.20 (1955) (utilizing the word "sex organ").”
Reichenberger v. Warren, 319 F. Supp. 1237 (W.D. Wis. 1970). “Plaintiffs seek a declaratory judgment that Section 944.20 is overly broad and in violation of the First Amendment as it is embodied in the Fourteenth Amendment to the Constitution of the United States.”
L.L.N. v. Clauder, 563 N.W.2d 434 (Wis. 1997). “See Wis. Stat. § 944.20 (1)(a). [20] The dissent questions why a court would be required to interpret and consider the vow of celibacy, since "Clauder's breach of his celibacy vow alone proves nothing of legal significance.”
United States v. Matlock, 415 U.S. 164 (1974). “[13] Wis. Stat. § 944.20 (1971) provides: "Whoever does any of the following may be fined not more than $500 or imprisoned not more than one year in county jail or both: .”
State v. Cuyler, 327 N.W.2d 662 (Wis. 1983). “*138 Finally, the defendant contends that the circuit court erred in concluding that his exposure of his penis to the victim in a closed basement workroom with only the victim and defendant present constitutes "publicly" exposing a sex organ within the meaning of sec. 944.20,…”
Graham v. Breier, 418 F. Supp. 73 (E.D. Wis. 1976). “They seek declaratory and injunctive relief from the enforcement by the defendants, the chief of police of the city of Milwaukee, the district attorney of the county of Milwaukee, and the city attorney of the city of Milwaukee, of section 944.20(2), Wis.Stats., and sections…”
City News & Novelty, Inc. v. City of Waukesha, 604 N.W.2d 870 (Wis. Ct. App. 1999). “The patron was convicted of the criminal charge of lewd and lascivious conduct contrary to Section 944.20, Wis. Stats.... 2. On March 11, 1995, Officer Paul De Jaríais observed a patron át City News .”
McCarville v. Baldwin, 828 F. Supp. 626 (E.D. Wis. 1993). “At the time of the above incidents, the pertinent portion of section 944.20 read as follows: “Whoever does any of the following is guilty of a Class A misdemeanor: * * * (2) Publicly and indecently exposes a sex organ____” Effective August 9,1989, the statute was amended to…”
Van Gorder v. Van Gorder, 327 N.W.2d 674 (Wis. 1983). “Sec. 944.20(3), Stats., prohibits open cohabitation and association with a person known not to be a spouse under circumstances which imply sexual intercourse.”
State v. Panno, 447 N.W.2d 74 (Wis. Ct. App. 1989). “If the legislature, as Odyssey suggests, had intended to limit proof under this statute to convictions pursuant to the lewd and lascivious statute, sec. 944.20, Stats., it would have so stated in the nuisance statute.”
Libra Books, Inc. v. City of Milwaukee, 818 F. Supp. 263 (E.D. Wis. 1993). “” Libra contends that, as a legal matter, private viewing is not available in its booths because a federal court in this district has held that there was no “expectation of privacy” in certain adult-bookstore booths and has further held that such booths were “in public” for…”
State v. Stuckey, 2013 WI App 98 (Wis. Ct. App. 2013). “10 in 1987 by altering some of the elements of the crime of lewd and lascivious behavior from Wis. Stat. § 944.20 (l)(b), which criminalizes the act of "publicly and indecently" exposing genitals or pubic area.”
— Wis. Stat. § 944.20(1) — 1 case
State v. PILTZ, 690 N.W.2d 884 (Wis. Ct. App. 2004).
— Wis. Stat. § 944.20(1)(a) — 1 case
State v. PILTZ, 690 N.W.2d 884 (Wis. Ct. App. 2004).
— Wis. Stat. § 944.20(1)(b) — 2 cases
State v. PILTZ, 690 N.W.2d 884 (Wis. Ct. App. 2004).
State v. Brandon B. Smiley (Wis. Ct. App. 2023).
— Wis. Stat. § 944.20(2) — 8 cases
Reichenberger v. Warren, 319 F. Supp. 1237 (W.D. Wis. 1970). “Plaintiffs seek a declaratory judgment that Section 944.20 is overly broad and in violation of the First Amendment as it is embodied in the Fourteenth Amendment to the Constitution of the United States.”
Graham v. Breier, 418 F. Supp. 73 (E.D. Wis. 1976). “They seek declaratory and injunctive relief from the enforcement by the defendants, the chief of police of the city of Milwaukee, the district attorney of the county of Milwaukee, and the city attorney of the city of Milwaukee, of section 944.20(2), Wis.Stats., and sections…”
State v. Cuyler, 327 N.W.2d 662 (Wis. 1983). “*138 Finally, the defendant contends that the circuit court erred in concluding that his exposure of his penis to the victim in a closed basement workroom with only the victim and defendant present constitutes "publicly" exposing a sex organ within the meaning of sec. 944.20,…”
McCarville v. Baldwin, 828 F. Supp. 626 (E.D. Wis. 1993). “At the time of the above incidents, the pertinent portion of section 944.20 read as follows: “Whoever does any of the following is guilty of a Class A misdemeanor: * * * (2) Publicly and indecently exposes a sex organ____” Effective August 9,1989, the statute was amended to…”
State v. McKenzie, 446 N.W.2d 77 (Wis. Ct. App. 1989).
— Wis. Stat. § 944.20(3) — 1 case
Van Gorder v. Van Gorder, 327 N.W.2d 674 (Wis. 1983). “Sec. 944.20(3), Stats., prohibits open cohabitation and association with a person known not to be a spouse under circumstances which imply sexual intercourse.”
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