WIS. STAT. § 944.30(2M) (2023); WIS. STAT. § 938.32(2M) (2023).
- Courts may enter into a consent decree or a deferred prosecution agreement with a minor charged with misdemeanor prostitution if a court determines that society will not be harmed and it is in the best interest of the minor.
- Consent decrees allow the court to suspend charges and place the minor in their own home or another location.
WIS. STAT. § 939.46(1m) (2023).
- A victim of human trafficking or child sex trafficking has an affirmative defense “for any offense [the victim] committed as a direct result” of the trafficking offense, regardless of whether anyone is charged with or convicted of trafficking.
No content. Please contact us if you have suggestions.
No content. Please contact us if you have suggestions.
WIS. STAT. § 973.015 (2M)(A) (2023).
- A victim of human trafficking for the purpose of a commercial sex act may, at any time after conviction, request a court to vacate a conviction, adjudication, or finding, or to expunge the record for a violation of prostitution.
- If a defendant is under 25 years old at the time of the violation, and if the violation is a crime for which the maximum sentence is less than 6 years, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the defendant will benefit and society will not be harmed by this disposition.
Additional Resources
State v. Kizer, 403 Wis.2d 142 (2022).
- Established that WIS. STAT. § 939.46(1m) is a complete defense to any offense.
- State v. Daniels, 160 Wis. 2d 85, 465 N.W.2d 633 (1991).
- Held that evidence of prior specific instances of violence that were known to the accused may be presented to support a defense of self-defense. The evidence is not limited to the accused’s own testimony, but the evidence also may not be extended to the point that it is being offered to prove that the victim acted in conformity with the victim’s violent tendencies.
