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§ 944.32, Prostitution – Soliciting Voyeuristic Acts

State v. Richard L. Kittilstad, 231 Wis.2d 245, 603 N.W.2d 732 (1999), affirming State v. Kittilstad, 222 Wis.2d 204, 585 N.W.2d 925 (Ct. App. 1998)
For Kittilstad: Richard L. Wachowski

Issue: Whether offering money in exchange for the opportunity to watch sex acts may amount to soliciting prostitution under § 944.32.

Holding: The statute requires that the defendant “solicit” someone “to practice prostitution.” ¶25. The person being solicited need not him or herself be a “prostitute.” Rather, by prohibiting having, offering to have, or requesting to have sex in exchange for anything of value, the statute looks to the mental state of the person engaged in the acts of prostitution, not whether the acts were a “commercial transaction.” ¶30. Thus, acceding to a request to perform for money sex acts that the requester could watch would amount to prostitution. And, although to “practice” prostitution means repeated, ongoing acts of prostitution, the defendant allegedly requested multiple acts and therefore falls within the statute.

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