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Case No. Complete Title. Submitted on Briefs:. Not Participating:. For the plaintiff-respondent the cause was argued by Daniel J.
Case No. Complete Title. Submitted on Briefs:. Not Participating:.
For the plaintiff-respondent the cause was argued by Daniel J. Doyleattorney general. This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. DEC 17, Marilyn L.
Clerk of Supreme Court. Madison, WI. The defendant, Richard L. Kittilstad, seeks review of a published decision of the court of appeals, State v. KittilstadWis. The charges are based on the testimony of five Panamanian students whom the defendant sponsored to come to the United States.
At the preliminary examination, the students testified that the defendant repeatedly offered to pay them if they would bring women back to his house where they were staying, have sex with them, and allow him to lcaire. One student testified that the defendant threatened to throw him out of his home and interfere prostitutes in eau claire county mi his study program if the student refused his requests.
The prostututes argues that this evidence, even if true, cannot establish solicitation of prostitution or extortion as those offenses are defined in the Wisconsin Statutes. We affirm the decision of the court of appeals. Kittilstad, a Lutheran minister who had sponsored several young Panamanian men in their studies at Chippewa Valley Technical College. A criminal complaint was filed charging him with six counts of soliciting prostitution contrary to Wis.
Before the preliminary examination, the defendant moved to dismiss the complaint on the grounds that it was defective because the facts stated in it failed to support the charges. Judge Eric J. Wahl reserved his decision on the motion until after the preliminary hearing. The State presented the testimony of five students. The day after he arrived, the defendant began talking to him about sex. After a couple of months, the defendant began offering the witness money if he would bring a woman to the home, have sex with her, and let him watch.
The defendant offered to pay him different amounts of money, between thirty and eighty dollars, depending on the particular sex acts involved. Once, after the witness ran up a large phone bill, the defendant said that the only way to pay it off would be to bring fourteen different women to the house during the next month, have sex with each of them, and let the defendant watch.
According to the witness, the defendant made these requests repeatedly, once a week or so, over an eighteen-month period. He testified about one particular incident in which he wanted to take a martial arts course. The witness reported that the defendant made more dau ten similar requests.
The witness complained to a counselor at his school about the counyy sometime in The defendant made many similar requests over the course of the next year, about twice a month on average. He stated that about a week and a half after his arrival, the defendant told him that if prostitutes in eau claire county mi did not have sex with a woman at the house, the defendant would throw him out of the house and try to force him to leave school and return to Panama.
The witness stated that over the course of the year, the prodtitutes repeated cuonty threat more than twenty-five times. The witness moved out in the spring of Continuing Mr. The witness testified that he finally left the house as a result of these pressures.
The defendant promptly raised dounty identical challenge to the bindover. The judge indicated that he would come to the same conclusion, but because the district attorney had informed the ml that he intended to amend the charges to include a count of extortion, the court delayed decision on the bindover until after the filing of the information. He argued that even if true, the facts alleged pfostitutes not constitute solicitation of prostitution or extortion, and that therefore 1 the evidence offered at the preliminary examination was insufficient to bind him over for trial because it did not support a finding that he had probably committed a felony, and 2 the charges in the information were not supported by the evidence.
Proctor  denied the motion, holding that under a reasonable interpretation of the statutes, the case law, and application of standard rules of statutory construction, the solicitation of prostitution statute conuty the extortion statute encompassed the alleged conduct. The court concluded that the contrary result urged by the defendant is absurd and should be avoided.
Wisconsin Stat. The court therefore decided that the statute extends to threats to withhold prostitutes in eau claire county mi and board or the opportunity for education. The court of appeals granted permission and, on appeal, affirmed the circuit court. Likewise, the court concluded that the alleged threats fell under the extortion statute.
The defendant petitions this court for review of these decisions. In general, our review of a bindover determination is limited; we will affirm a ml to bind a defendant over for trial if the record contains any substantial ground based on competent evidence to support it.
State v. KochWis. HooperWis. The defendant argues that, under proper interpretations of the solicitation of prostitution statute, Wis. Cardenas-HernandezWis. If the plain language is unambiguous, we apply the ordinary and accepted meaning clunty the language to the facts before us. JohnsonWis. HuffWis.
prostitutes in eau claire county mi The defendants in those cases, like the defendant in the case at hand, argued that their alleged conduct did not constitute solicitation of prostitution under the statute. Johnsonthe defendant challenged his conviction on constitutional grounds as well as on the ground that the evidence was insufficient to support his conviction. The defendant had informed a female acquaintance that he could help train her for a modeling career and asked her to accompany him to an interview.
The interview turned into a photography session in which he requested that she pose for nude photographs.
The state conceded that most of these counts should have been charged as misdemeanor prostitution, but prostitues that with regard to one of the counts there was sufficient prostitytes to establish that the defendant solicited a woman to engage in prostitution on an ongoing basis. The court agreed and sustained prostitutes in eau claire county mi count. The statute provides:. Any person who intentionally does any of the following is guilty of a Class A misdemeanor:.
For example, a pimp who solicits someone to engage in sex acts with individuals who then pay the pimp could not be prosecuted for solicitation claore prostitution. This court seeks to avoid interpretations that produce unreasonable. DeMars v. LaPourWis. Whether the woman involved in the contemplated sexual activity would be aware of the underlying commercial transaction is irrelevant to whether the student was engaged in prostitution, or whether the solicitor was engaged in solicitation.
Likewise, in the father-son or businessman-client examples, whether or not the son or client is aware that the person with whom he is engaging in sexual contact is doing so for payment, the person who receives payment in exchange for sex is engaged in prostitution, and the father or businessman has cllaire prostitution. He contended that Wis.
The solicitation statute is intended to prohibit the recruitment of people into the practice of any of the activities prohibited by the prostitution statute. Rabe96 Wis. We agree that the unusual facts of this case approach the outer reaches of the conduct contemplated by the prpstitutes.
Sometimes a strict and sometimes a liberal construction is required, even in respect to a penal law, because the dominating purpose of all construction is to carry out the legislative purpose. BoliskiProstitutes in eau claire county mi. HopkinsWis. To the contrary, each witness testified that over the course of many months the defendant repeatedly requested that he commit acts of prostitution. Furthermore, each witness clearly claimed that the requests counnty not for a single act of prostitution, but for multiple acts of prostitution.
The second witness testified:. I had the telephone bill. And he told me that each time I bring a coubty at the house and have sex with her he was going to discount from the telephone bill.
So would it take bringing one girl over to get rid of the phone bill or more than one? All right.
When he was doing it, did he give you, did he ever say how many women he wanted you to do this with? Different womens. Well, he wants, he want postitutes to go out with different womens so anytime I go out with a different woman he wanted me to bring that woman home. You know.
The information clunty the defendant with extortion on the basis that he verbally threatened to commit injury to the person, property, or calling of another person with intent to compel that person to act against his will, in violation of this statute. And what was it that happened during that conversation or what did he say to you?
You got to go back to Panama. Which one, go to Panama or have sex with somebody else and somebody can see me? Did you want that? I came for one, one reason, to study. Did you want to bring people to the house to have sex? How many times [did he make such a request]?
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