Wis JI-Criminal 2136A

Statutory Definition of the Crime

Section 948.081 of the Criminal Code of Wisconsin is violated by one who enters or

remains in any place of prostitution with intent to have nonmarital sexual intercourse or

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, masturbation or sexual contact with a child.

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 two elements

were present.

Elements of the Crime That the State Must Prove

1. The defendant entered or remained in 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 entered or remained in the place with intent to (have nonmarital

sexual intercourse) (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) (commit

an act of masturbation) (have sexual contact) with a person who had not attained

the age of 18 years at the time of the alleged offense. 2

Knowledge of the person's age by the defendant is not required and mistake

regarding the person's age is not a defense. 3

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 both 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.