Wis. Stat. § 973.017 — WI Code / Chapter 973 / Section 973.017
Section 973.017
Status: in_force

(a) In this subsection:

1. “Elder person” means any individual who is 62 years of age or older.

2. “Violent felony” means any felony under s. 940.225 (1) , (2) , or (3) , 940.23 , 940.60 (2) or (3) , or 943.32 or s. 940.19 (2) , 2023 stats., s. 940.19 (4) , 2023 stats., s. 940.19 (5) , 2023 stats., or s. 940.19 (6) , 2023 stats.

(b) When making a sentencing decision concerning a person convicted of a violent felony, the court shall consider as an aggravating factor the fact that the victim of the violent felony was an elder person. This paragraph applies even if the person mistakenly believed that the victim had not attained the age of 62 years.

(6) Aggravating factors; child sexual assault or child abuse by certain persons.

(a) In this subsection, “person responsible for the welfare of the child” includes the child’s parent, stepparent, guardian, or foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child’s welfare in a residential setting; or a person employed by one who is legally responsible for the child’s welfare to exercise temporary control or care for the child.

(b) When making a sentencing decision concerning a person convicted of a violation of s. 948.02 (1) or (2) , 948.025 (1) , 948.03 (2) , (3) , or (5) (a) 1. , 2. , 3. , or 4. , or 948.051 , the court shall consider as an aggravating factor the fact that the person was a person responsible for the welfare of the child who was the victim of the violation.

(6m) Aggravating factors; domestic abuse in presence of a child.

(a) In this subsection:

1. “Child” means an individual who has not attained the age of 18 years.

2. “Domestic abuse” has the meaning given in s. 968.075 (1) (a) .

(b) When making a sentencing decision concerning a person convicted of a crime that involves an act of domestic abuse, the court shall consider as an aggravating factor the fact that the act was committed in a place or a manner in which the act was observable by or audible to a child or was in the presence of a child and the actor knew or had reason to know that the act was observable by or audible to a child or was in the presence of a child.

(7) Aggravating factors; homicide or injury by intoxicated use of a vehicle. When making a sentencing decision concerning a person convicted of a violation of s. 940.09 (1) or 940.25 (1) , the court shall consider as an aggravating factor the fact that, at the time of the violation, there was a minor passenger under 16 years of age or an unborn child in the person’s motor vehicle.

(8) Aggravating factors; controlled substances offenses.

(a) Distribution or delivery to prisoners.

1. In this paragraph, “precinct” means a place where any activity is conducted by a prison, jail, or house of correction.

2. When making a sentencing decision concerning a person convicted of violating s. 961.41 (1) or (1m) , the court shall consider as an aggravating factor the fact that the violation involved delivering, distributing, or possessing with intent to deliver or distribute a controlled substance or controlled substance analog to a prisoner within the precincts of any prison, jail, or house of correction.

3. When making a sentencing decision concerning a person convicted of violating s. 961.65 , the court shall consider as an aggravating factor the fact that the person intended to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine to a prisoner within the precincts of any prison, jail, or house of correction.

(b) Distribution or delivery on public transit vehicles. When making a sentencing decision concerning a person convicted of violating s. 961.41 (1) or (1m) , the court shall consider as an aggravating factor the fact that the violation involved delivering, distributing, or possessing with intent to deliver or distribute a controlled substance included in schedule I or II or a controlled substance analog of any controlled substance included in schedule I or II and that the person knowingly used a public transit vehicle during the violation.

(c) Distribution or delivery of methamphetamine on public transit vehicles. When making a sentencing decision concerning a person convicted of violating s. 961.65 , the court shall consider as an aggravating factor the fact that the person intended to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine and that the person knowingly used a public transit vehicle during the violation.

(9) Aggravating factors not an element of the crime. The aggravating factors listed in this section are not elements of any crime. A prosecutor is not required to charge any aggravating factor or otherwise allege the existence of an aggravating factor in any pleading for a court to consider the aggravating factor when making a sentencing decision.

(10m) Statement of reasons for sentencing decision.

(a) The court shall state the reasons for its sentencing decision and, except as provided in par. (b) , shall do so in open court and on the record.

(b) If the court determines that it is not in the interest of the defendant for it to state the reasons for its sentencing decision in the defendant’s presence, the court shall state the reasons for its sentencing decision in writing and include the written statement in the record.

History: 2001 a. 109 ; 2003 a. 321 ; 2005 a. 14 , 277 ; 2007 a. 20 , 96 , 97 , 116 ; 2009 a. 28 , 209 ; 2011 a. 273 ; 2013 a. 165 ; 2015 a. 366 ; 2025 a. 24 s. 93 .