reglab/housing_qa huggingface dataset:
WI Stat § 939.46 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.46 - Coercion.

939.46  Coercion. (1) A threat by a person other than the actor's coconspirator which causes the actor reasonably to believe that his or her act is the only means of preventing imminent death or great bodily harm to the actor or another and which causes him or her so to act is a defense to a prosecution for any crime based on that act, except that if the prosecution is for first-degree intentional homicide, the degree of the crime is reduced to 2nd-degree intentional homicide. (1m) A victim of a violation of s. 940.302 (2) or 948.051 has an affirmative defense for any offense committed as a direct result of the violation of s. 940.302 (2) or 948.051 without regard to whether anyone was prosecuted or convicted for the violation of s. 940.302 (2) or 948.051. (2) It is no defense to a prosecution of a married person that the alleged crime was committed by command of the spouse nor is there any presumption of coercion when a crime is committed by a married person in the presence of the spouse. (3) A petitioner under s. 813.12 or 813.122, or an individual whose parent, stepparent, or legal guardian filed a petition under s. 813.122 on behalf of the individual as a child victim, as defined in s. 813.122 (1) (c), has an affirmative defense for an offense under s. 175.35 (2e) that is punishable under s. 175.35 (3) (b) 2., or for an offense under s. 941.2905, if the person prohibited from possessing a firearm was the respondent in the action under s. 813.12 or 813.122.History:  1975 c. 94; 1987 a. 399; 2007 a. 116; 2017 a. 145.Judicial Council Note, 1988: Sub. (1) is amended by conforming references to the statute titles created by this bill. Since coercion mitigates first-degree intentional homicide to 2nd degree, it is obviously not a defense to prosecution for the latter crime. [Bill 191-S]The state must disprove an asserted coercion defense beyond a reasonable doubt. Moes v. State, 91 Wis. 2d 756, 284 N.W.2d 66 (1979).The coercion defense is limited to the most severe form of inducement. It requires finding that the actor believed he or she was threatened with immediate death or great bodily harm with no possible escape other than the commission of a criminal act. A defendant seeking a coercion defense instruction must meet the initial burden of producing evidence to support giving an instruction. That the defendant reasonably believed that a companion would attempt to harm him or her if he if he or she did not comply with the companion's orders only suggests that the safest course was to comply with companion's orders, not that it was the only course. State v. Keeran, 2004 WI App 4, 268 Wis. 2d 761, 674 N.W.2d 570, 01-1892.
WI Stat § 939.47 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.47 - Necessity.

939.47  Necessity. Pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm to the actor or another and which causes him or her so to act, is a defense to a prosecution for any crime based on that act, except that if the prosecution is for first-degree intentional homicide, the degree of the crime is reduced to 2nd-degree intentional homicide.History:  1987 a. 399.Judicial Council Note, 1988: This section is amended by conforming references to the statute titles created by this bill. Since necessity mitigates first-degree intentional homicide to 2nd degree, it is obviously not a defense to prosecution for the latter crime. [Bill 191-S]The defense of necessity was unavailable to a demonstrator who sought to stop a shipment of nuclear fuel on the grounds of safety. State v. Olsen, 99 Wis. 2d 572, 299 N.W.2d 632 (Ct. App. 1980).Heroin addiction is not a “natural physical force" as used in this section. An addict, caught injecting heroin in jail, who was not provided methadone as had been promised, was not entitled to assert necessity against a charge of possession of heroin because his addiction ultimately resulted from his conscious decision to start using illegal drugs. State v. Anthuber, 201 Wis. 2d 512, 549 N.W.2d 477 (Ct. App. 1996), 95-1365.
WI Stat § 939.49 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.49 - Defense of property and protection against retail theft.

939.49  Defense of property and protection against retail theft. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person's property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property. (2) A person is privileged to defend a 3rd person's property from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend his or her own property from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such as would give the 3rd person the privilege to defend his or her own property, that his or her intervention is necessary for the protection of the 3rd person's property, and that the 3rd person whose property the person is protecting is a member of his or her immediate family or household or a person whose property the person has a legal duty to protect, or is a merchant and the actor is the merchant's employee or agent. An official or adult employee or agent of a library is privileged to defend the property of the library in the manner specified in this subsection. (3) In this section “unlawful" means either tortious or expressly prohibited by criminal law or both.History:  1979 c. 245; 1981 c. 270; 1993 a. 486.Sub. (1) is a defense to criminal liability. It is irrelevant to the issue of whether the emergency doctrine can apply in a civil action to excuse a party's contributory negligence. Kelly v. Berg, 2015 WI App 69, 365 Wis. 2d 83, 870 N.W.2d 481, 14-1346.Flight on the part of one suspected of a felony does not, of itself, warrant the use of deadly force by an arresting officer, and it is only in certain aggravated circumstances that a police officer may shoot a fleeing suspect. Clark v. Ziedonis, 368 F. Supp. 544 (1973).
WI Stat § 939.50 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.50 - Classification of felonies.

939.50  Classification of felonies. (1) Felonies in the statutes are classified as follows:(a) Class A felony.(b) Class B felony.(c) Class C felony.(d) Class D felony.(e) Class E felony.(f) Class F felony.(g) Class G felony.(h) Class H felony.(i) Class I felony. (2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes. (3) Penalties for felonies are as follows:(a) For a Class A felony, life imprisonment.(b) For a Class B felony, imprisonment not to exceed 60 years.(c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both.(d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.(e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both.(f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.(g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.(h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.(i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.History:  1977 c. 173; 1981 c. 280; 1987 a. 332 s. 64; 1993 a. 194; 1995 a. 69; 1997 a. 283; 1999 a. 188; 2001 a. 109.
WI Stat § 939.51 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.51 - Classification of misdemeanors.

939.51  Classification of misdemeanors. (1) Misdemeanors in chs. 939 to 951 are classified as follows:(a) Class A misdemeanor.(b) Class B misdemeanor.(c) Class C misdemeanor. (2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951. (3) Penalties for misdemeanors are as follows:(a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.(b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.(c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.History:  1977 c. 173; 1987 a. 332 s. 64; 1997 a. 35.
WI Stat § 939.52 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.52 - Classification of forfeitures.

939.52  Classification of forfeitures. (1) Except as provided in ss. 946.86 and 946.87, forfeitures in chs. 939 to 951 are classified as follows:(a) Class A forfeiture.(b) Class B forfeiture.(c) Class C forfeiture.(d) Class D forfeiture.(e) Class E forfeiture. (2) A forfeiture is a Class A, B, C, D or E forfeiture when it is so specified in chs. 939 to 951. (3) Penalties for forfeitures are as follows:(a) For a Class A forfeiture, a forfeiture not to exceed $10,000.(b) For a Class B forfeiture, a forfeiture not to exceed $1,000.(c) For a Class C forfeiture, a forfeiture not to exceed $500.(d) For a Class D forfeiture, a forfeiture not to exceed $200.(e) For a Class E forfeiture, a forfeiture not to exceed $25.History:  1977 c. 173; 1981 c. 280; 1987 a. 171; 1987 a. 332 s. 64; 1989 a. 121.
WI Stat § 939.60 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.60 - Felony and misdemeanor defined.

939.60  Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.History:  1977 c. 418 s. 924 (18) (e).When a statutory offense does not specify a place of confinement, a sentence of one year may be to either the county jail or the state prisons. All crimes punishable by imprisonment in the state prisons are classified as felonies. State ex rel. McDonald v. Douglas County Circuit Ct. 100 Wis. 2d 569, 302 N.W.2d 462 (1981).
WI Stat § 939.61 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.61 - Penalty when none expressed.

939.61  Penalty when none expressed. (1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200. (2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both. (3) Common law penalties are abolished.History:  1977 c. 173.
WI Stat § 939.616 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.616 - Mandatory minimum sentence for child sex offenses.

939.616  Mandatory minimum sentence for child sex offenses. (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2., the court may not make an extended supervision eligibility date determination on a date that will occur before the person has served a 25-year term of confinement in prison. (1r) If a person is convicted of a violation of s. 948.02 (1) (b) or (c) or 948.025 (1) (b), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 25 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. (2) If a person is convicted of a violation of s. 948.02 (1) (d) or 948.025 (1) (c), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. (3) This section does not apply if s. 939.62 (2m) (c) applies. The mandatory minimum sentences in this section do not apply to an offender who was under 18 years of age when the violation occurred.History:  2005 a. 430 s. 1; 2007 a. 80; 2007 a. 97 s. 309.Labeling this section a “mandatory minimum sentence" statute and stating that “the court shall impose a bifurcated sentence" and that “[t]he term of confinement in prison portion of the bifurcated sentence shall be at least 25 years," the legislature has clearly prohibited probation. State v. Lalicata, 2012 WI App 138, 345 Wis. 2d 342, 824 N.W.2d 921, 12-0225.
WI Stat § 939.617 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.617 - Minimum sentence for certain child sex offenses.

939.617  Minimum sentence for certain child sex offenses. (1) Except as provided in subs. (2) and (3), if a person is convicted of a violation of s. 948.05, 948.075, or 948.12, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 years for violations of s. 948.12. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. (2) If the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record, the court may impose a sentence that is less than the sentence required under sub. (1) or may place the person on probation under any of the following circumstances:(a) If the person is convicted of a violation of s. 948.05, the person is no more than 48 months older than the child who is the victim of the violation.(b) If the person is convicted of a violation of s. 948.12, the person is no more than 48 months older than the child who engaged in the sexually explicit conduct.  (3) This section does not apply if the offender was under 18 years of age when the violation occurred.History:  2005 a. 433; 2011 a.272; 2013 a. 165 s. 115.The legislature had reasonable and practical grounds for making a conviction for using a computer to facilitate a child sex crime under s. 948.075 (1r) subject to a mandatory minimum sentence. Thus, there was a rational basis for the penalty enhancer in sub. (1) and sub. (1) was not unconstitutional as applied to the defendant. State v. Heidke, 2016 WI App 55, 370 Wis. 2d 771, 883 N.W.2d 162, 15-1420.This section has a plain and unambiguous meaning. When faced with a conviction for possessing child pornography, sub. (1) requires the court to impose a bifurcated sentence with at least 3 years' initial confinement. Sub. (2) allows the court to depart from this minimum and impose less initial confinement or probation only if the defendant is not more than 48 months older than the child-victim. State v. Holcomb, 2016 WI App 70, 371 Wis. 2d 647, 886 N.W.2d 100, 15-0996.
WI Stat § 939.618 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.618 - Mandatory minimum sentence for repeat serious sex crimes.

939.618  Mandatory minimum sentence for repeat serious sex crimes. (1) In this section, “serious sex crime" means a violation of s. 940.225 (1) or (2). (2) (a) Except as provided in par. (b), if a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place the defendant on probation.(b) If a person has one or more prior convictions for a violation of s. 940.225 (1) or for a comparable crime under federal law or the law of any state and subsequently is convicted of a violation of s. 940.225 (1), the maximum term of imprisonment for the violation of s. 940.225 (1) is life imprisonment without the possibility of parole or extended supervision.History:  1993 a. 97, 227; 1997 a. 326; 2001 a. 109; 2005 a. 271; 2005 a. 433 s. 16; Stats. 2005 s. 939.618.
WI Stat § 939.619 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.619 - Mandatory minimum sentence for repeat serious violent crimes.

939.619  Mandatory minimum sentence for repeat serious violent crimes. (1) In this section, “serious violent crime" means a violation of s. 940.02, 940.03, 940.05, 940.06, 940.09, 940.19 (5), 940.21, 940.305, 940.31, 941.327 (2) (b) 2., 3., or 4., 943.02, 943.23 (1g), 943.32 (2), 943.87, 948.03 (2) (a) or (5), 948.051, or 948.30 (2). (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by life imprisonment and subsequently commits a serious violent crime, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place the defendant on probation.History:  1993 a. 97; 2001 a. 109; 2005 a. 433 s. 17; Stats. 2005 s. 939.619; 2017 a. 309.
WI Stat § 939.6195 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.6195 - Mandatory minimum sentence for repeat firearm crimes.

939.6195  Mandatory minimum sentence for repeat firearm crimes. (1) In this section:(a) “Firearm violation" means any of the following:1. A violation of s. 941.29 or 941.2905.2. A commission of any crime specified under chs. 939 to 951 and 961 if the person uses a firearm in the commission of the crime.(b) “Repeater" has the meaning given in s. 939.62 (2). (2) If a person who is a repeater is convicted of a firearm violation, the court shall impose a bifurcated sentence under s. 973.01. Notwithstanding s. 973.01 (2) (b), the term of confinement in prison portion of the bifurcated sentence shall be at least 4 years, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place the person on probation. (3) This section does not apply to sentences imposed after July 1, 2022. (4) The department of justice shall, after consulting with persons the department determines to be appropriate, including the city of Milwaukee and the Milwaukee police department, prepare a report on the efficacy of the mandatory minimum sentence under this section. No later than August 1, 2022, the department of justice shall submit the report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2).History:  2017 a. 145.
WI Stat § 939.623 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.623 - Increased penalty for elder person victims.

939.623  Increased penalty for elder person victims. (1) In this section, “elder person” means any individual who is 60 years of age or older. (2) If the crime victim is an elder person, and the present conviction is for any crime for which imprisonment may be imposed, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:(a) A maximum term of imprisonment of one year or less may be increased to not more than 2 years.(b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 4 years.(c) A maximum term of imprisonment of more than 10 years may be increased by not more than 6 years. (3) This section applies irrespective of whether the defendant had actual knowledge of the crime victim's age. A mistake regarding the crime victim's age is not a defense to an increased penalty under this section.History:  2021 a. 76.
WI Stat § 939.63 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.63 - Penalties; use of a dangerous weapon.

939.63  Penalties; use of a dangerous weapon. (1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:(a) The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months.(b) If the maximum term of imprisonment for a felony is more than 5 years or is a life term, the maximum term of imprisonment for the felony may be increased by not more than 5 years.(c) If the maximum term of imprisonment for a felony is more than 2 years, but not more than 5 years, the maximum term of imprisonment for the felony may be increased by not more than 4 years.(d) The maximum term of imprisonment for a felony not specified in par. (b) or (c) may be increased by not more than 3 years. (2) The increased penalty provided in this section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged. (3) This section applies only to crimes specified under chs. 939 to 951 and 961.History:  1979 c. 114; 1981 c. 212; 1987 a. 332 s. 64; 1995 a. 448; 2001 a. 109.The fact that the maximum term for a misdemeanor may exceed one year under sub. (1) (a) does not upgrade the crime to felony status. State v. Denter, 121 Wis. 2d 118, 357 N.W.2d 555 (1984).Possession encompasses both actual and constructive possession. To prove a violation of this section, the state must prove that the defendant possessed the weapon to facilitate the predicate offense. State v. Peete, 185 Wis. 2d 255, 517 N.W.2d 149 (1994). See also State v. Howard, 211 Wis. 2d 269, 564 N.W.2d 753 (1997), 95-0770.An automobile may constitute a dangerous weapon under s. 939.22 (10). State v. Bidwell, 200 Wis. 2d 200, 546 N.W.2d 507 (Ct. App. 1996).Under Peete, there is sufficient evidence of possession if the evidence allows a reasonable jury to find beyond a reasonable doubt that the defendant possessed a dangerous weapon in order to use it or threaten to use it, even if the defendant did not use or threaten to use it in the commission of the crime. State v. Page, 2000 WI App 267, 240 Wis. 2d 276, 622 N.W.2d 285, 99-2015.When two penalty enhancers are applicable to the same crime, the length of the second penalty enhancer is based on the maximum term for the base crime as extended by the first penalty enhancer. State v. Quiroz, 2002 WI App 52, 251 Wis. 2d 245, 641 N.W.2d 715, 01-1549.
WI Stat § 939.635 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 939 - Crimes — general provisions.|939.635 - Increased penalty for certain crimes against children committed by a child care provider.

939.635  Increased penalty for certain crimes against children committed by a child care provider. If a person commits a violation of s. 948.02, 948.025, or 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4. against a child for whom the person was providing child care for compensation, the maximum term of imprisonment for that crime may be increased by not more than 5 years.History:  2011 a. 82; 2015 a. 366.