14.240 Crimes against Sexual Morality.

(1) Prostitution.

(a) It shall be unlawful for any person to commit any of the following:

1. Have, offer to have or request or agree to have non-marital sexual intercourse for anything of value.

2. Commit, offer to commit or request 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 person for anything of value.

3. Masturbate a person, offer to masturbate a person or request to be masturbated by a person for anything of value.

4. Commit, offer to commit or request to commit an act of sexual contact for anything of value.

5. Enter or remain in any place of prostitution with intent to have non-marital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving any of the acts listed in subsections (1)(a)(1) through (4) of this section.

6. Solicit another to commit any of the acts listed in subsections (1)(a)(1) through (4) of this section.

7. Direct or transport another person to a prostitute, or direct or transport a prostitute to another person, with intent to facilitate the other person in having non-marital intercourse or committing 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 prostitute.

(b) Evidence of Violation. Circumstances which may be considered in determining whether a violation of this section has occurred include, but are not limited to:

1. Attempting to determine the presence of a police officer by exposing or touching, or seeking to expose or touch, an intimate body part of another or of one’s self, or asking, soliciting, encouraging or attempting to procure another to do the same.

2. Inquiring in any manner as to whether another person is a police officer.

(c) Penalty. Any person who violates any provision of this section shall, upon conviction, be fined not less than $500.00 nor more than $5,000, together with the costs of prosecution, and in default of payment shall be imprisoned as provided by law.

(2) Soliciting Prostitution.

(a) Definitions. In this section:

1. Known area of prostitution means a public place where within three years previous to the date of arrest for violation of this section, and within the knowledge of the arresting officer, a person had been arrested for a violation which led to a conviction in Manitowoc municipal court or Manitowoc County circuit court of an offense involving prostitution.

2. Known prostitute means a person who, within three years previous to the date of arrest for violation of this section, had within the knowledge of the arresting officer been convicted in Manitowoc municipal court or Manitowoc County circuit court of an offense involving prostitution.

3. Public place means an area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds surrounding them.

4. Place of prostitution means any place where a person habitually engages, in public or in private, in nonmarital acts of sexual intercourse, sexual gratification involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact for anything of value.

(b) Any person who loiters or drives in any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution shall forfeit not less than $500.00 nor more than $5,000.

(c) Any person who enters or remains in any place of prostitution with intent to have non-marital 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 prostitute shall forfeit not less than $500.00 nor more than $5,000.

(d) Among the circumstances which may be considered in determining whether such purpose is manifested are the following: that the person frequents, either on foot or in a motor vehicle, a known area of prostitution; repeatedly beckons to stop or attempts to stop, or engages known prostitutes in conversation; or stops the motor vehicle the person is the operator of and picks up or attempts to pick up a known prostitute. The violator’s conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest may be made for a violation of this section unless the arresting officer first affords the person an opportunity to explain the person’s conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.

(3) Pandering.

(a) Whoever solicits another to have non-marital 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 person the solicitor knows is a prostitute shall forfeit not less than $500.00 nor more than $5,000.

(b) Whoever directs or transports a person to a prostitute or directs or transports a prostitute to the person with the intent to facilitate the person in having non-marital intercourse or committing 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 prostitute shall forfeit not less than $500.00 nor more than $5,000.

(4) Places of Prostitution. Every person or persons who shall keep a place of prostitution or who grants the use or allows the continued use of a place of prostitution shall be fined not less than $100.00 and not more than $500.00, and any person who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to commit an act of sexual perversion as defined by Wis. Stat. Ch. 944 and any acts amendatory thereof and supplementary thereto shall be cited in an amount not less than $500.00 nor more than $5,000.

(5) Leasing Building for Prostitution. All persons are prohibited from leasing or letting, either as landlord or agent of the landlord, or agent of the tenant, or as landlord through any agent or subagent, any house, room or other premises in the city to be used for the purpose of prostitution or lewdness. Any person violating this section shall upon conviction thereof be cited in an amount not less than $500.00 nor more than $5,000.

(6) Mashing Prohibited. Any person who shall improperly accost, ogle, insult, follow, pursue, lay hands on or otherwise molest another person theretofore to him or her unacquainted, shall upon conviction forfeit no more than $500.00.

[Ord. 17-835 §§ 1 – 3, 2017; Ord. 17-551 § 3, 2017]