Wis JI-Criminal 1570

Statutory Definition of the Crime

Section 944.34(1) of the Criminal Code of Wisconsin is violated by one who

intentionally keeps a place of prostitution.

State's Burden of Proof

Before the defendant may be found guilty of this offense, the State must prove by

evidence which satisfies you beyond a reasonable doubt that the following three elements

were present.

Elements of the Crime That the State Must Prove

1. (Name of place) was a place of prostitution.

"Place of prostitution" means any place where persons habitually engage in

or offer to engage in nonmarital acts of sexual intercourse or sexual contact for

anything of value. 1

2. The defendant was a keeper of a place of prostitution.

To keep a place of prostitution is to exercise management or control over its

operation. 2 This element does not require that the defendant owned (name of

place), but it does require that the defendant maintained management or control

of the place in question.

3. The defendant intentionally kept a place of prostitution.

This requires that the defendant acted with the purpose to keep a place of

prostitution and knew that (name of place) was a place of prostitution. 3

Deciding About Intent and Knowledge

You cannot look into a person's mind to find intent and knowledge. Intent and

knowledge must be found, if found at all, from the defendant's acts, words, and

statements, if any, and from all the facts and circumstances in this case bearing upon

intent and knowledge.

Jury's Decision

If you are satisfied beyond a reasonable doubt that all three elements of this offense

have been proved, you should find the defendant guilty.

If you are not so satisfied, you must find the defendant not guilty.