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.
823.09.Bawdyhouses declared nuisances.
Ch. 823: Nuisances · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 823.09 declares any building or place used, occupied, or leased for lewdness, assignation, or prostitution, along with its furniture, fixtures, musical instruments, and contents used for that purpose, a nuisance to be enjoined and abated.
Full Text of Section 823.09
Plain-English Summary
Section 823.09 targets what the chapter’s later sections call a disorderly house. Anyone who erects, establishes, continues, maintains, uses, occupies, or leases a building or part of one, or any other place, for the purpose of lewdness, assignation, or prostitution, or who permits it to be used that way, is guilty of a nuisance under this section.
The nuisance reaches beyond the person responsible. The building, erection, or place where that conduct is carried on, permitted, continued, or exists, and the furniture, fixtures, musical instruments, and contents used along with it for the same purpose, are all declared a nuisance and are to be enjoined and abated.
Frequently Asked Questions
What kind of use of a property does this section address?
Using, occupying, leasing, or permitting a building or place to be used for lewdness, assignation, or prostitution, which Section 823.09 declares a nuisance.
Does the nuisance finding reach only the person running the operation?
No. The building or place itself, along with the furniture, fixtures, musical instruments, and contents used with it for the same purpose, are also declared a nuisance under this section.
What happens to a property declared a nuisance under this section?
Section 823.09 says it shall be enjoined and abated.
Does merely permitting the use count, or does someone have to actively run the operation?
Permitting the use is enough. The section covers whoever erects, establishes, continues, maintains, uses, occupies, or leases the place, or who permits it to be used for that purpose.
Is this section limited to buildings, or does it cover other structures?
It covers a building or part of a building, an erection, or a place, so it reaches structures and locations beyond just buildings in the ordinary sense.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.09.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: disorderly house nuisance wisconsinbawdyhouse law wisconsinprostitution property nuisance wisconsinbrothel abatement wisconsin statute