Prostitution Laws in Wisconsin (2026): The Rules You Need
Most people don’t realize how complicated Wisconsin’s prostitution laws actually are. Seriously. This isn’t just about exchanging money for sex. The state has multiple statutes covering everything from selling to buying to running a brothel. And the penalties? They can hit harder than you might expect.
Let’s break down exactly what you’re dealing with if you’re facing prostitution charges in Wisconsin. Trust me, this stuff matters.
What Is Prostitution in Wisconsin?
Here’s the simple version. Prostitution in Wisconsin is any sexual act performed in exchange for something of value. That “something of value” doesn’t have to be money. It could be drugs, housing, or anything else.
The law covers a lot of ground. We’re talking about sexual intercourse, oral sex, masturbation, and sexual contact. If any of these happen in exchange for payment or something else of value, it counts as prostitution.
Wisconsin law defines this under statute 944.30. The statute makes it illegal to offer, request, or engage in these acts. You don’t even have to complete the act. Just offering or asking is enough to face charges.
Basic Prostitution Offenses
Selling Sex (Prostitution)
Engaging in prostitution is a Class A misdemeanor in Wisconsin. This is the highest level misdemeanor in the state. The penalties are no joke.
You could face up to 9 months in jail. The fine can reach $10,000. Or you might get both. Some people get probation instead of jail time, but that’s not guaranteed.
Wondering if this applies to you? If you offered, requested, or engaged in any sexual act for something of value, yes. The law is pretty clear on this.
Buying Sex (Patronizing a Prostitute)
Buying sex is also illegal in Wisconsin. This falls under statute 944.31, which covers patronizing prostitutes. The penalties depend on how many times you’ve been caught.
For a first or second offense, it’s a Class A misdemeanor. Same penalties as above: up to 9 months in jail and a $10,000 fine.
Here’s where it gets worse. A third or subsequent offense becomes a Class I felony. That means up to 3.5 years in prison and the same $10,000 fine. The charges escalate quickly.
Soliciting Prostitutes (Pimping)
Pimping is when you cause someone to practice prostitution or set them up in a place of prostitution. Wisconsin takes this crime seriously. It’s a Class H felony.
Class H felonies carry up to 6 years in prison. You could also face a $10,000 fine. This isn’t a slap on the wrist. It’s actual prison time.
The law is in statute 944.32. If you’re recruiting people into prostitution or running the operation, this charge applies to you.
Advanced Prostitution Offenses
Pandering
Pandering means facilitating prostitution in specific ways. Under statute 944.33, this is also a serious crime. It’s a Class A misdemeanor for basic pandering.
What counts as pandering? Soliciting someone to hire a prostitute. Directing or transporting someone to a prostitute. Basically, being the middleman.
But wait, it gets more serious. If you received money from the prostitute’s earnings, it becomes a Class F felony. That carries up to 12.5 years in prison and a $25,000 fine.
Keeping a Place of Prostitution
Running a brothel or any place where prostitution happens is a Class H felony in Wisconsin. Statute 944.34 covers this.
You face up to 6 years in prison. The fine can reach $10,000. This applies whether you own, manage, or control the location.
Hold on, this part is important. You don’t have to actually own the building. If you have authority to exclude people from the property and you allow prostitution there, you can be charged.
Penalties That Hit Different
Okay, let’s talk about what these charges actually mean for your life. The criminal penalties are just the start.
Misdemeanor Penalties
Class A misdemeanors are the most serious misdemeanors in Wisconsin. They carry:
Up to 9 months in jail. A fine up to $10,000. Both jail time and a fine. Probation instead of or in addition to jail.
Think of it like this: it’s less severe than a felony, but still no joke. A conviction stays on your record and can affect jobs, housing, and your reputation.
Felony Penalties
Wisconsin has different classes of felonies. Here’s what you’re looking at:
Class I felony: Up to 3.5 years in prison, $10,000 fine Class H felony: Up to 6 years in prison, $10,000 fine Class F felony: Up to 12.5 years in prison, $25,000 fine
These are maximums. Judges can sentence you to less based on the circumstances. But the potential is there.
Additional Consequences
A conviction brings more than jail and fines. You’re looking at:
A permanent criminal record. Difficulty finding employment. Housing problems. Loss of professional licenses. Immigration consequences for non-citizens.
Pretty much every background check will show this conviction. Most people don’t realize how far-reaching the impact is.
Recent Legislative Changes
Wisconsin lawmakers are actively working on prostitution-related legislation. In 2025, several bills were introduced that could change things.
Assembly Bill 84 (2025)
This bill proposes a new $5,000 surcharge for prostitution convictions. The money would fund services for sex trafficking victims and law enforcement efforts against child exploitation.
The surcharge would apply to convictions for patronizing prostitutes, soliciting, pandering, and keeping a place of prostitution. It’s currently being considered by the legislature.
Assembly Bill 510 (2025)
This bill addresses evidence in prostitution cases. If you contact law enforcement or emergency services to report another crime or seek medical care, any statements about prostitution can’t be used against you.
Basically, if you’re calling 911 for help with something else and prostitution comes up, they can’t use that to prosecute you for prostitution. The goal is to encourage people to seek help without fear.
Safe Harbor Debate
Wisconsin continues to debate “Safe Harbor” laws. These laws would prevent minors from being charged with prostitution. More than 30 states have passed similar measures.
Right now, minors can still be charged with prostitution in Wisconsin. Advocates say this is wrong because these kids are trafficking victims, not criminals. The debate continues in the legislature.
Special Situations
Minors and Prostitution
Under current Wisconsin law, minors can be charged with prostitution. Seven minors between ages 14 and 17 have been charged since 2017.
However, Wisconsin law also recognizes child sex trafficking as abuse. There’s tension between treating minors as victims versus charging them with crimes. This is honestly one of the most controversial parts of Wisconsin law right now.
Human Trafficking Defenses
If you were forced into prostitution through human trafficking, you have an affirmative defense. Wisconsin statute 939.46(1m) provides this protection.
You can defend yourself by showing the prostitution happened as a direct result of being trafficked. This applies whether the trafficker was convicted or not.
Deferred Prosecution Agreements
For some first-time offenders, prosecutors might offer a deferred prosecution agreement. This is especially common if you’re seen as a victim of trafficking.
These agreements let you avoid a conviction if you complete certain requirements. Usually this involves counseling, treatment, or community service. Complete the terms and the charges get dismissed.
How to Handle Prostitution Charges
Facing prostitution charges is serious. Here’s what you should do.
Get a Lawyer Immediately
Don’t talk to police without an attorney. Exercise your right to remain silent. You need legal representation for any prostitution charge, even a misdemeanor.
An experienced criminal defense attorney can negotiate with prosecutors. They might get charges reduced or dismissed. They can also help with deferred prosecution agreements.
Understand Your Options
Every case is different. Your lawyer can explore several defense strategies:
Lack of evidence. Entrapment. Mistaken identity. Human trafficking defense. Constitutional violations.
The right defense depends on your specific situation. Don’t try to handle this yourself.
Consider the Long-Term Impact
A conviction affects more than just the immediate penalties. Think about:
Future employment opportunities. Professional licenses. Housing applications. Immigration status.
This is why fighting the charges matters. The conviction follows you for life.
Prostitution vs. Human Trafficking
These are different crimes under Wisconsin law. Understanding the difference is important.
Human Trafficking Charges
Human trafficking involves force, fraud, or coercion. It’s much more serious than prostitution. Statute 940.302 covers adult trafficking. Statute 948.051 covers child trafficking.
Child trafficking is a Class C felony. That carries up to 40 years in prison and a $100,000 fine. For adults, it depends on the circumstances but penalties are severe.
When Prostitution Involves Minors
Soliciting a child for prostitution is a Class D felony under statute 948.08. Patronizing a child is a Class G felony under statute 948.081.
These carry serious prison time. We’re talking 10 to 25 years for Class D felonies. Less for Class G, but still substantial.
Sound complicated? It is. The laws overlap and interact in confusing ways.
Reporting and Resources
If you’re a victim of prostitution or trafficking, resources are available.
National Human Trafficking Hotline
Call 1-888-373-7888 any time. This hotline provides help and connects you with services. It’s confidential and available 24/7.
You can also text HELP to 233733. Online chat is available at humantraffickinghotline.org.
Wisconsin Resources
The Wisconsin Department of Children and Families provides services for trafficking victims. The Department of Justice has a Human Trafficking Bureau.
Local county child welfare agencies must be notified within 12 hours when law enforcement suspects child sex trafficking. This is required by statute 48.98.
Law Enforcement Reporting
If you have information about human trafficking, contact local police. You can also reach the FBI or Department of Justice hotlines.
Don’t worry about getting in trouble for reporting. The goal is to help victims and prosecute traffickers.
Frequently Asked Questions
Can I be charged with prostitution if no money changed hands?
Yes. Wisconsin law says “anything of value,” not just money. Drugs, housing, gifts, or other items count. If there’s an exchange of value for sexual acts, that’s enough.
What happens if I’m caught in a police sting?
You’ll likely be arrested and charged. Police run stings targeting both people selling sex and people buying it. Get a lawyer immediately if this happens. Don’t make statements without legal representation.
Will a prostitution conviction show up on background checks?
Yes. Misdemeanors and felonies both appear on criminal background checks. Employers, landlords, and others will see it. Wisconsin has limited expungement options, so the conviction typically stays on your record.
Can prostitution charges be expunged in Wisconsin?
Only in very limited circumstances. You must have been under 25 when convicted of a non-violent misdemeanor. The judge must order expungement at sentencing. It’s not available for most cases.
What’s the difference between prostitution and escort services?
Legally, there’s no difference if sexual services are involved. Some escort services claim they only provide companionship. But if sexual acts happen in exchange for payment, it’s prostitution regardless of what you call it.
Final Thoughts
Wisconsin’s prostitution laws are stricter than many people realize. The penalties range from misdemeanors to serious felonies. And the consequences extend far beyond jail time and fines.
If you’re facing charges, don’t wait to get help. Contact a criminal defense attorney right away. Exercise your right to remain silent until you have legal representation.
For victims of trafficking or exploitation, resources are available. You’re not alone and you’re not a criminal. Reach out to the National Human Trafficking Hotline or local Wisconsin services.
Stay informed, know your rights, and get professional legal help when you need it. These aren’t charges you can handle on your own.
References
- Wisconsin Statute 944.30 (Prostitution) – https://docs.legis.wisconsin.gov/document/statutes/944.30
- Wisconsin Statute 944.31 (Patronizing Prostitutes) – https://docs.legis.wisconsin.gov/document/statutes/944.31
- Wisconsin Statute 944.32 (Soliciting Prostitutes) – https://docs.legis.wisconsin.gov/document/statutes/944.32
- Wisconsin Statute 939.50 (Classification of Felonies) – https://docs.legis.wisconsin.gov/document/statutes/939.50
- Wisconsin Statute 939.51 (Classification of Misdemeanors) – https://docs.legis.wisconsin.gov/document/statutes/939.51
- Wisconsin Legislature 2025 Assembly Bill 84 – https://docs.legis.wisconsin.gov/2025/related/proposals/ab84
- Wisconsin Legislature 2025 Assembly Bill 510 – https://docs.legis.wisconsin.gov/2025/related/proposals/ab510
- FindLaw Wisconsin Prostitution and Solicitation Laws – https://www.findlaw.com/state/wisconsin-law/wisconsin-prostitution-and-solicitation-laws.html
- National Human Trafficking Hotline – https://humantraffickinghotline.org
- Wisconsin Department of Justice 2019 Law Enforcement Assessment of Sex Trafficking – https://www.wisdoj.gov/Documents/2019_Law_Enforcement_Assessment_of_Sex_Trafficking_in_Wisconsin-Final%20Report.pdf