944.34 Keeping place of prostitution. Whoever intentionally does any of the following is guilty of a Class H felony:
(1) Keeps a place of prostitution; or
(2) Grants the use or allows the continued use of a place as a place of prostitution.
History: 1977 c. 173; 2001 a. 109.
A conviction under sub. (2) requires proof that the defendant has authority to exclude those engaging in prostitution from the use of the place for prohibited acts. Shillcutt v. State, 74 Wis. 2d 642, 247 N.W.2d 694 (1976).
Under sub. (2), “grants the use" requires the prosecution to prove a single affirmative approval of the use of the premises as a place of prostitution, while “allows the continued use of" requires proof of intentional but passive acquiescence or toleration of the use on more than one occasion. Johnson v. State, 76 Wis. 2d 672, 251 N.W.2d 834 (1977).
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