State v. Kittilstad

603 N.W.2d 732 (1999)

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Nature of the Case

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Facts

D, a Lutheran minister, sponsored several young Panamanian men in their studies at Chippewa Valley Technical College. Those students claimed that D 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 watch. One student testified that the defendant threatened to throw him out of his home and interfere with his study program if the student refused his requests. A criminal complaint was filed charging him with six counts of soliciting prostitution. D moved to dismiss the complaint on the grounds that it was defective because the facts stated in it failed to support the charges. The judge denied D's motion to dismiss the complaint. D promptly raised an identical challenge to the bindover. The judge indicated that he would come to the same conclusion, but because the district attorney had informed the court 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. The motion was denied. The judge concluded that the state's allegations if proven would constitute a violation of Wis. Stat. § 944.32 because D intentionally solicited the students to engage in sex for money or other things of value. D requested permission to appeal. The court of appeals granted permission and, on appeal, affirmed the circuit court. D appealed.