Wis JI-Criminal 2136

Statutory Definition of the Crime

Soliciting a child for prostitution, as defined in § 948.08 of the Criminal Code of

Wisconsin, is committed by one who intentionally solicits any child to engage in an act of

prostitution. 1

State's Burden of Proof

Before you may find the defendant 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. The defendant solicited (name of victim) to engage in an act of prostitution.

"To solicit" means to command, encourage, or request another person to

engage in specific conduct that constitutes an act of prostitution. 2

"An act of prostitution" means engaging in [sexual intercourse] 3 [(specify

act that would constitute prostitution under § 944.30)] 4 for anything of value.

2. The defendant solicited (name of victim) intending that an act of prostitution be

committed.

3. (Name of victim) had not attained the age of 18 years at the time of the alleged

offense.

Knowledge of (name of victim) 's age by the defendant is not required 5 and

mistake regarding (name of victim) 's age is not a defense. 6

Deciding About Intent

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

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.