Frequently Asked Questions About Public Sexual Offenses

Although attitudes toward sexuality vary among cultures and evolve from one generation to the next, state governments must establish and uphold laws regulating public sexual behavior and expression. If someone accuses you of violating one of those laws, you may receive a criminal charge that carries potentially serious penalties.



Before you assume that you cannot fight back against a public sexual offense charge, you should understand what these charges do and don't cover, how the law enforces them, and the kinds of defenses your attorney might use to help you win your case. Give some thought to the following questions and answers on the subject.

What Constitutes a Public Sexual Offense in Wisconsin?

The Wisconsin State Legislature addresses public sexual offenses in Chapter 944 of the Criminal Code. This chapter, Crimes Against Sexual Morality, covers public sexual offenses in Subchapter II (Fornication; Adultery; Gratification) and Subchapter III (Obscenity). Other subchapters address family sex crimes and prostitution.

According to these subchapters, sexual intercourse in public with another person or an animal counts as fornication, a sexual offense. Oral and anal sex in public also violates sexual behavior laws. Public exposure of the genitals with the intention of showing them to someone else may draw a charge of lewd and lascivious behavior.

Obscene, indecent, or lewd artistic expression, such as drawings or writing that describe or depict sexual activity, may merit prosecution as a public sexual offense. This law may also extend to public performances and the showing of films that include lewd and lascivious behavior.

How Does the Law Define Obscenity?

Before legal authorities can successfully convict you for public obscenity, they must demonstrate that your acts fell under the definition of obscenity. However, while both state and federal laws clearly outline the penalties for sharing or displaying obscene material, these laws cannot actually define obscenity in cut-and-dried terms.

Wisconsin law upholds the First Amendment of the U.S. Constitution in the interests of protecting free speech, although obscenity does not enjoy these protections. The legislature defines obscene material as anything that holds only prurient value that the average person might reasonably regard as morally offensive.

How Does Wisconsin Law Punish Public Sexual Offenses?

Different types of public sexual offenses qualify for different degrees of punishment under Wisconsin law. For instance, sharing or displaying obscene writing or drawings counts as a Class C misdemeanor, while both public fornication and lewd and lascivious behavior count as Class A misdemeanors.

Penalties for a Class A misdemeanor conviction may include a fine of up to $10,000 or nine months in prison. A Class C misdemeanor conviction for obscene drawing or writing can result in a fine of up to $500 or 30 days in prison.

Some public sexual offenses may carry more extreme penalties. For instance, sex with an animal counts as a Class H felony. A first offense on a Class H felony may result in a fine of up to $10,000 or six years in prison. The second offense counts as a Class F felony, punishable by up to $25,000 or 12.5 years' imprisonment.

What Defenses Do Attorneys Use Against These Charges?

If your acts don't match the charges as defined by the law's only terminology, your attorney may exploit this point to get your case dismissed. For instance, sexual activity in public must occur in a manner observable to others. A parked vehicle with regular windows might qualify, while a panel van with no windows might not.

The mere act of exposing your genitals in a public place does not automatically constitute a public sexual offense. If you exposed your genitals at a public urinal for the sole purpose of urinating, as opposed to expressing sexual intent to the person at the next urinal, your attorney may successfully establish your innocence.

Unintentional exposure of the genitals would fall under this same category of defense. If you failed to wear underwear and then neglected to zip your fly, for instance, you might expose your genitals to someone else without even realizing it. An attorney might seek a dismissal in this kind of situation.

Wisconsin law specifically states that breastfeeding does not count as indecent exposure for the purpose of sexual gratification. If someone accused you of indecent exposure, this accusation would not stand up in court as long as your attorney can establish your exposure as a necessary part of normal breastfeeding activity.

In a case involving sexually explicit drawing or writing, your attorney may successfully defend you against an obscenity charge if you can show to the court's satisfaction that your work holds artistic, educational, or literary merit. This approach may require you to show how the drawing or writing relates to your previous artistic work.

If you face criminal charges for a public sexual offense in Wisconsin, you need to consult a skilled, experienced attorney who can represent you as successfully as possible. Contact the legal experts at Cohen Law Offices to schedule a free initial consultation and discuss the details of your case in a confidential setting.