Wisconsin Statutes
Wis. Stat. § 944.30 (2026)
Prostitution
✓ current as of July 2026
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944.30(1m)(1m) Any person who intentionally does any of the following is guilty of a Class A misdemeanor:
944.30(1m)(a)(a) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value.
944.30(1m)(b)(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.
944.30(1m)(d)(d) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value.
944.30(1m)(e)(e) Commits or offers to commit or requests to commit an act of sexual contact for anything of value.
944.30(2m)(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.
944.30 AnnotationIn 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).
944.30 AnnotationProsecuting 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).
944.30 AnnotationA 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).
944.30 AnnotationAs 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.
944.30 AnnotationSince 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.
Notes of Decisions
Cited in 26
cases (4 in the last 5 years), 1973–2026 · leading case: State v. Turnpaugh, 2007 WI App 222 (Wis. Ct. App. 2007).
State v. Turnpaugh, 2007 WI App 222 (Wis. Ct. App. 2007). “David Richard Turnpaugh appeals the judgment convicting him on jury verdicts of prostitution, see Wis. Stat. § 944.30 (1), and bail jumping, see Wis.”
State v. Kittilstad, 603 N.W.2d 732 (Wis. 1999). “It is reasonable to infer that to "have sex" would involve having nonmarital sexual intercourse as prohibited in Wis. Stat. § 944.30 (1), or committing an act of sexual contact as prohibited in § 944.”
State v. McCollum, 464 N.W.2d 44 (Wis. Ct. App. 1990). “The text of sec. 944.30, Stats., is as follows: Any person who intentionally does any of the following is guilty of a Class A misdemeanor: (1) Has or offers to have or requests to have nonmarital sexual intercourse for any thing of value.”
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “2d 488 , we reversed his conviction by a jury of violating Wis. Stat. § 944.30 (1) because there was no evidence in the trial Record that he committed the act made criminal by that section.”
State v. Johnson, 246 N.W.2d 503 (Wis. 1976). “Whoever does either of the following may be fined not more than $600 or imprisoned not more than 6 years or both: *173 “(1) Commits an abnormal act of sexual gratification involving the sex organ of one person and the mouth or anus of another; or “(2) Commits an act of sexual…”
State v. Huff, 367 N.W.2d 226 (Wis. Ct. App. 1985). “Second, Huff argues that because he did not receive any commercial or monetary gain from the females, the evidence was insufficient to charge him with the felony.”
State v. Payette, 2008 WI App 106 (Wis. Ct. App. 2008). “The term "prostitution" is defined in Wis. Stat. § 944.30 (1) to include someone who intentionally "[/z.”
City of Madison v. Schultz, 295 N.W.2d 798 (Wis. Ct. App. 1980). “Section 944.30 was amended in 1977 to define the offense of prostitution in sub.”
State v. Schultz, 582 N.W.2d 113 (Wis. Ct. App. 1998). “He further contends that § 944.30(5), Stats., 1 which criminalizes sexual contact, unconstitutionally establishes religion and violates equal protection, contrary to the First and Fourteenth Amendments.”
City of Milwaukee v. Burnette, 2001 WI App 258 (Wis. Ct. App. 2001). “Wis. Stat. § 944.30 . 3 Loitering or soliciting for purposes of prostitution is also illegal.”
Sears v. State, 287 N.W.2d 785 (Wis. 1980). “On this review, the defendant urges his conviction be vacated on three grounds: his prosecution for solicitation of sexual perversion rather than disorderly conduct de *133 nies him the equal protection of the law; application of the prostitution statute, sec.”
State v. Mertes, 210 N.W.2d 741 (Wis. 1973). “(1) of sec. 944.30, Stats., and not under sub. (2).”
— Wis. Stat. § 944.30(1) — 4 cases
State v. Turnpaugh, 2007 WI App 222 (Wis. Ct. App. 2007). “David Richard Turnpaugh appeals the judgment convicting him on jury verdicts of prostitution, see Wis. Stat. § 944.30 (1), and bail jumping, see Wis.”
Turnpaugh v. State Claims Bd., 2012 WI App 72 (Wis. Ct. App. 2012). “2d 488 , we reversed his conviction by a jury of violating Wis. Stat. § 944.30 (1) because there was no evidence in the trial Record that he committed the act made criminal by that section.”
State v. Holloway, 551 N.W.2d 841 (Wis. Ct. App. 1996).
State v. Kittilstad, 585 N.W.2d 925 (Wis. Ct. App. 1998).
— Wis. Stat. § 944.30(1m)(a) — 1 case
State v. Tyler C. Speth (Wis. Ct. App. 2026).
— Wis. Stat. § 944.30(2) — 2 cases
State v. Johnson, 246 N.W.2d 503 (Wis. 1976). “Whoever does either of the following may be fined not more than $600 or imprisoned not more than 6 years or both: *173 “(1) Commits an abnormal act of sexual gratification involving the sex organ of one person and the mouth or anus of another; or “(2) Commits an act of sexual…”
Sears v. State, 287 N.W.2d 785 (Wis. 1980). “On this review, the defendant urges his conviction be vacated on three grounds: his prosecution for solicitation of sexual perversion rather than disorderly conduct de *133 nies him the equal protection of the law; application of the prostitution statute, sec.”
— Wis. Stat. § 944.30(5) — 5 cases
State v. Schultz, 582 N.W.2d 113 (Wis. Ct. App. 1998). “He further contends that § 944.30(5), Stats., 1 which criminalizes sexual contact, unconstitutionally establishes religion and violates equal protection, contrary to the First and Fourteenth Amendments.”
State v. Kittilstad, 603 N.W.2d 732 (Wis. 1999). “It is reasonable to infer that to "have sex" would involve having nonmarital sexual intercourse as prohibited in Wis. Stat. § 944.30 (1), or committing an act of sexual contact as prohibited in § 944.”
State v. McCollum, 464 N.W.2d 44 (Wis. Ct. App. 1990). “The text of sec. 944.30, Stats., is as follows: Any person who intentionally does any of the following is guilty of a Class A misdemeanor: (1) Has or offers to have or requests to have nonmarital sexual intercourse for any thing of value.”
State v. Kittilstad, 585 N.W.2d 925 (Wis. Ct. App. 1998).
State v. Schultz, 591 N.W.2d 904 (Wis. Ct. App. 1999).
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