In the early days of statehood, sexual activity was considered legal only within the confines of married, heterosexual relationships. The codes of sexual conduct were often strictly enforced and violations severely punished. Over time, particularly in recent years, laws relating to sexual activity have been modified so that most types of private sexual conduct between consenting adults are not prohibited and many other types of behavior that are nominally illegal, such as adultery, are generally not prosecuted by law enforcement authorities. Nevertheless, certain reprehensible sex crimes remain subject to stringent penalties and vigorous enforcement, and the official public policy of the state, as expressed in Section 944.01, Wisconsin Statutes, is to promote only good sexual behavior:
The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.