STATE v. KIZER

No. 2020AP0192-CR.

976 N.W.2d 356 (2022)

2022 WI 58

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Chrystul D. KIZER, Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: July 6, 2022.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Timothy M. Barber , assistant attorney general, with whom on the briefs was Joshua L. Kaul , attorney general. There was an oral argument by Timothy M. Barber .

For the defendant-appellant, there was a brief filed by Katie R. York and Colleen Marion , assistant state public defenders. There was an oral argument by Katie R. York .

An amicus curiae brief was filed by Caitlin Kendall Noonan , Rebecca Donaldson , Erika Jacobs Petty , and Legal Action of Wisconsin, Inc., Milwaukee and Lotus Legal Clinic, Inc., Brookfield, for Legal Action of Wisconsin, Inc. and Lotus Legal Clinic, Inc.

An amicus curiae brief was filed by Naikan Tsao , Lynn Hecht Schafran , Jennifer M., Becker , Sigrid McCawley , Lindsey Ruff , and Foley & Lardner LLP, Madison, Legal Momentum, New York City, and Boies Schiller Flexner LLP, New York City, for Legal Momentum, Wisconsin Coalition Against Sexual Assault, Harvard Law School Gender violence Program, Cornell Law School Gender Justice Clinic, Diverse & Resilient, Jewish Women International, Lovelace Consulting Services, Inc., National Alliance to End Sexual Violence, National Coalition Against Domestic Violence, Rights4Girls, Sanctuary for Families, The Institute to Address Commercial Sexual Exploitation, and World Without Exploitation.

DALLET, J., delivered the majority opinion of the Court with respect to all parts except ¶¶27-29 & n. 9-11, in which ANN WALSH BRADLEY, REBECCA GRASSL BRADLEY, and KAROFSKY, JJ., joined, and an opinion with respect to ¶¶27-29 & n. 9-11, in which ANN WALSH BRADLEY and KAROFSKY, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a concurring opinion. ROGGENSACK, J., filed a dissenting opinion in which ZIEGLER, C.J., and HAGEDORN, J., joined.


¶1 In Wisconsin, victims of human trafficking or child sex trafficking have "an affirmative defense for any offense committed as a direct result" of the trafficking. See Wis. Stat. § 939.46(1m) (2019-20).1 Chrystul...

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