State v. Schmit

The majority holds that an on-duty prison guard who has intercourse with a prisoner cannot be found guilty of misconduct in public office. This startling conclusion is reached because the majority concludes that sexual intercourse with prisoners is not part of a prison guard’s job description.1 This result should lead one to question the initial premise because statutes are to be construed to avoid absurd or unreasonable results. Green Bay Redevelopment Au*668thority v. Bee Frank, 112 Wis. 2d 1, 5, 331 N.W.2d 840, 842 (Ct. App. 1983).

1 conclude that the majority’s inquiry into the meaning of sec.…