823.09 Bawdyhouses declared nuisances. Whoever shall erect, establish, continue, maintain, use, occupy or lease any building or part of building, erection or place to be used for the purpose of lewdness, assignation or prostitution, or permit the same to be used, in the state of Wisconsin, shall be guilty of a nuisance and the building, erection, or place, in or upon which such lewdness, assignation or prostitution is conducted, permitted, carried on, continued or exists, and the furniture, fixtures, musical instruments and contents used therewith for the same purpose are declared a nuisance, and shall be enjoined and abated.
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.09.
Fourth degree sexual assault under s. 940.225 (3m) constitutes lewdness and supports a finding of a nuisance. State v. Panno, 151 Wis. 2d 819, 447 N.W.2d 74 (Ct. App. 1989).
Read in conjunction with s. 823.11, ss. 823.09 and 823.10 do not violate due process because they provide the opportunity to challenge prima facie evidence that a defendant knowingly permitted prostitution to occur on his property, and also allow the collateral challenge of the underlying prostitution convictions. The statutes also do not violate constitutional rights to freedom of association, the protection against government establishment of religion, and equal protection. State v. Schultz, 218 Wis. 2d 798, 582 N.W.2d 113 (Ct. App. 1998), 97-3414.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
823.01 - Jurisdiction over nuisances.
823.015 - Action against condominium association.
823.02 - Injunction against public nuisance, time extension.
823.04 - Execution and warrant.
823.05 - Warrant may be stayed.
823.06 - Expense of abating, how collected.
823.065 - Repeated violations of a municipal ordinance a public nuisance.
823.07 - Violations of ordinances or resolutions relating to noxious business.
823.075 - Actions against forestry operations.
823.08 - Actions against agricultural uses.
823.085 - Actions against owners or operators of solid waste facilities.
823.09 - Bawdyhouses declared nuisances.
823.10 - Disorderly house, action for abatement.
823.11 - Evidence; dismissal of action; costs.
823.113 - Drug or criminal gang house a public nuisance.
823.114 - Judgment and order of sale of property.
823.115 - Sale of property and use of proceeds.
823.12 - Punishment for violation of injunction.
823.13 - Judgment and execution; sale of fixtures.
823.14 - Application of proceeds of sale; lis pendens.
823.15 - Undertaking to release building or structure.
823.16 - Remedy of lessor of place of prostitution.
823.20 - Gambling place a public nuisance.
823.21 - Dilapidated buildings declared nuisances.
823.215 - Dilapidated wharves and piers in navigable waters declared nuisances.