reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.385 - Plan for transition to independent living.

938.385
Plan for transition to independent living.
During the 90 days immediately before a juvenile who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement attains 18 years of age or, if the juvenile is placed in such a placement under an order under s. 938.355, 938.357, or 938.365 that terminates under s. 938.355 (4) (am) after the juvenile attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 938.366 (3) that terminates under s. 938.366 (3) (a) after the juvenile attains 18 years of age, during the 90 days immediately before the termination of the order or agreement, the agency primarily responsible for providing services to the juvenile under the order or agreement shall do all of the following:
(1)
Transition plan. Provide the juvenile with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the juvenile, shall be as detailed as the juvenile directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.
(2)
Identification documents and other information. Except as provided in this subsection, ensure that the juvenile is in possession of a certified copy of the juvenile's birth record, a social security card issued by the federal social security administration, information on maintaining health care coverage, a copy of the juvenile's health care records, and either an operator's license issued under ch. 343 or an identification card issued under s. 343.50. If the juvenile is not in possession of any of those documents or that information, the agency shall assist the juvenile in obtaining any missing document or information. This subsection does not apply to a juvenile who has been placed in out-of-home care for less than 6 months.
History:  2013 a. 334; 2015 a. 55, 128; 2017 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.39 - Disposition by court bars criminal proceeding.

938.39
Disposition by court bars criminal proceeding.
Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. This section does not affect criminal proceedings in circuit court that were transferred under s. 938.18.
History:  1995 a. 77; 2005 a. 344.
The extension of a previously entered dispositional order due to the juvenile's participation in an armed robbery while subject to the order was not a “disposition" of the armed robbery charge, and the subsequent prosecution of the armed robbery charge in adult court did not violate s. 48.39 [now s. 938.39] or the constitutional protection against double jeopardy. State v. Stephens, 201 Wis. 2d 82, 548 N.W.2d 108 (Ct. App. 1996), 95-2103.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.44 - Jurisdiction over persons 17 or older.

938.44
Jurisdiction over persons 17 or older.
The court has jurisdiction over persons 17 years of age or older as provided under ss. 938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter.
History:  1995 a. 77; 2005 a. 344; 2013 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.46 - New evidence.

938.46
New evidence.
A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. This section does not apply to motions made under s. 974.07 (2).
History:  1995 a. 77; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.47 - Motion for postdisposition relief and appeal.

938.47
Motion for postdisposition relief and appeal.
(1)
Appeal by respondent. A motion for postdisposition relief from a final order or judgment by a person subject to this chapter shall be made in the time and manner provided in ss. 809.30 to 809.32. An appeal from a final order or judgment entered under this chapter or from an order denying a motion for postdisposition relief by a person subject to this chapter shall be taken in the time and manner provided in ss. 808.04 (3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.
(2)
Appeal by state. An appeal by the state from a final judgment or order under this chapter may be taken to the court of appeals within the time specified in s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.
History:  2009 a. 26.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.485 - Authority of department.

938.485
Authority of department.
The department may do all of the following:
(1)
Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, the department of corrections, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.
(2)
Juvenile welfare services. Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal Social Security Act and in cooperation with parents, other individuals, and other agencies so that all juveniles needing such services are reached.
(3)
Prevention, treatment, and education. Study causes and methods of prevention and treatment of juvenile delinquency and related social problems and develop and maintain education and prevention programs that the department considers to be proper. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state, or private sources, and enlist the cooperation of other agencies and state departments.
(4)
Reimbursement of tribes and counties for tribal delinquency placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, “unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.
(5)
Standards for services. Establish and enforce standards for services under s. 938.183, 938.34, or 938.345, other than juvenile correctional services.
(6)
Juvenile programming research and recommendations. Identify and provide ways to improve the coordination of educational programs and services for juveniles and the parents and other family members of juveniles at the state and local levels by doing all of the following:
(a)
Identifying and recommending ways to eliminate governmental barriers to local development of coordinated educational programs and services for juveniles and the parents and other family members of juveniles.
(b)
Identifying and recommending ways to support and involve parents and other family members of juveniles in the planning, coordination, and delivery of services for juveniles.
History:  2015 a. 55 ss. 4700e, 4701b, 4702h; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.49 - Notification by court of placement with a county department or the department of corrections; transfer of reports and records.

938.49
Notification by court of placement with a county department or the department of corrections; transfer of reports and records.
(1)
Notice to county department or department of corrections of placement. When a court places a juvenile in a juvenile correctional facility under the supervision of a county department or the department of corrections or a secured residential care center for children and youth under the supervision of a county department, the court shall immediately notify the county department or the department of corrections of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the juvenile to a receiving center designated by the county department or the department of corrections or deliver the juvenile to personnel of the county department or the department of corrections.
(2)
Transfer of court report and pupil records. When a court places a juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections or a county department, the court and all other public agencies shall immediately do all of the following:
(a)
Transfer to the department of corrections or the county department a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession.
(b)
Notify the juvenile's last school district or, if the juvenile was last enrolled in a private school participating in the program under s. 118.60 or in the program under s. 119.23 or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), in a school under the operation and general management of the governing body of a private school, the private school or the governing body of a private school, in writing of its obligation under s. 118.125 (4).
History:  1995 a. 77; 2005 a. 344; 2009 a. 28; 2011 a. 32; 2015 a. 55; 2017 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.50 - Examination of juveniles under supervision of department of corrections.

938.50
Examination of juveniles under supervision of department of corrections.
The department of corrections shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (3) (a) to determine the appropriate level of supervision and services based on the juvenile's risks and needs. The department of corrections shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department of corrections may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.
History:  1995 a. 77; 2005 a. 344; 2015 a. 55; 2017 a. 366.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.52 - Facilities for care of juveniles in care of department of corrections.

938.52
Facilities for care of juveniles in care of department of corrections.
(1)
Facilities maintained or used for juveniles. The department of corrections may maintain or use the following facilities for juveniles in its care:
(a)
Receiving homes to be used for the temporary care of juveniles.
(b)
Foster homes.
(c)
Group homes.
(d)
Institutions, facilities, and services, including forestry or conservation camps, for the training and treatment of juveniles 10 years of age or older who have been adjudged delinquent.
(f)
Other facilities that the department of corrections considers to be appropriate for the juvenile, except that no state funds may be used for the maintenance of a juvenile in the home of a parent or relative who would be eligible for aid under s. 49.19, but for s. 49.19 (20), if such funds would reduce federal funds to this state.
(2)
Use of other facilities.
(a)
In addition to facilities and services under sub. (1), the department of corrections may use other facilities and services under its jurisdiction. The department of corrections may contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care. Placement of a juvenile in a private or public facility that is not under the jurisdiction of the department of corrections does not terminate that department's supervision over the juvenile under s. 938.183, 938.34 (4h), or 938.357 (3) or (4). Placements in institutions for persons with a mental illness or development disability shall be made in accordance with ss. 48.14 (5), 48.63, and 938.34 (6) (am) and ch. 51.
(b)
Public facilities shall accept and care for persons placed in those facilities by the department of corrections in the same manner as those facilities would be required to do had the legal custody of those persons been transferred by a court of competent jurisdiction. Nothing in this subsection requires any public facility to serve the department of corrections in a manner that is inconsistent with the facility's functions or with the laws and regulations governing its activities or gives the department of corrections the authority to use any private facility without its consent.
(c)
The department of corrections may inspect any facility it is using and examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) who have been placed in the facility.
(4)
Coeducational programs and institutions. The department of corrections may establish and maintain coeducational programs and institutions under this chapter.
History:  1995 a. 77; 2005 a. 344; 2009 a. 28; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 52, 71.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.53 - Duration of control of department of corrections over delinquents.

938.53
Duration of control of department of corrections over delinquents.
Except as provided under s. 938.183, a juvenile adjudged delinquent who has been placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) shall be discharged as soon as that department determines that there is a reasonable probability that departmental supervision is no longer necessary for the rehabilitation and treatment of the juvenile or for the protection of the public.
History:  1995 a. 77; 1997 a. 27; 2005 a. 344; 2013 a. 334; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 53, 71.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.535 - Early release and intensive supervision program; limits.

938.535
Early release and intensive supervision program; limits.
The department of corrections or a county department may establish a program for the early release and intensive supervision of juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183, 938.34 (4m), or 938.357 (3). The program may not include any juveniles who have been placed in a juvenile correctional facility or a secured residential care center for children and youth as a result of a delinquent act involving the commission of a violent crime as defined in s. 969.035, but not including the crime specified in s. 948.02 (1).
History:  1995 a. 77; 2005 a. 344; 2015 a. 55; 2017 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.54 - Records.

938.54
Records.
The department of corrections shall keep a complete record on each juvenile under its supervision under s. 938.183, 938.34 (4h), or 938.357 (3) or (4). This record shall include the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while under the supervision of the department of corrections.
History:  1995 a. 77; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 55, 71.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.547 - Juvenile alcohol and other drug abuse pilot program.

938.547
Juvenile alcohol and other drug abuse pilot program.
(1)
Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties selected by the department.
(2)
Department responsibilities. Within the availability of funding under s. 20.437 (1) (mb) that is available for the pilot program, the department shall select counties to participate in the pilot program. Unless a county department of human services has been established under s. 46.23 in the county that is seeking to implement a pilot program, the application submitted to the department shall be a joint application by the county department that provides social services and the county department established under s. 51.42 or 51.437. The department shall select counties in accordance with the request-for-proposal procedures established by the department. The department shall give a preference to county applications that include a plan for case management.
(3)
Multidisciplinary screen. The multidisciplinary screen developed for the pilot program shall be used by an intake worker to determine whether or not a juvenile is in need of an alcohol or other drug abuse assessment. The screen shall also include indicators that screen juveniles for:
(a)
Family dysfunction.
(b)
School or truancy problems.
(c)
Mental health problems.
(d)
Delinquent behavior patterns.
(4)
Assessment criteria. The uniform alcohol and other drug abuse assessment criteria that the department developed shall be used in the pilot program under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g). An approved treatment facility that assesses a person under ss. 938.245 (2) (a) 3., 938.295 (1), 938.32 (1g), 938.343 (10) and 938.344 (2g) may not also provide the person with treatment unless the department permits the approved treatment facility to do both in accordance with the criteria established by rule by the department.
History:  1995 a. 27 s. 9126 (19); 1995 a. 77, 448; 2007 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.548 - Multidisciplinary screen and assessment criteria.

938.548
Multidisciplinary screen and assessment criteria.
The department shall make the multidisciplinary screen developed under s. 938.547 (3) and the assessment criteria developed under s. 938.547 (4) available to all counties.
History:  1995 a. 27 s. 9126 (19); 1995 a. 77; 2007 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.549 - Juvenile classification system.

938.549
Juvenile classification system.
(1)
Classification system; content. The department of children and families, in consultation with the department of corrections, shall make available to all counties a juvenile classification system that includes at least all of the following:
(a)
A risk assessment instrument for determining the probability that a juvenile who has committed an offense will commit another offense.
(b)
A needs assessment instrument for determining the service needs of a juvenile who has committed an offense.
(c)
A services and placement guide for integrating the risk and needs of a juvenile who has committed an offense with other factors to determine an appropriate placement and level of services for the juvenile.
(2)
Uses of classification system. A county may use the juvenile classification system to do any of the following:
(a)
At the time of an intake inquiry, determine whether to close a case, enter into a deferred prosecution agreement or refer the case to the district attorney.
(b)
At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile.
(c)
After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision.
(3)
Training in use of system. Subject to the availability of resources, the department may provide training and technical assistance in the use of the juvenile classification system to any county that requests that training and technical assistance.
History:  1995 a. 77; 2005 a. 344; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.59 - Examination and records.

938.59
Examination and records.
(1)
Investigation and examination. The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under s. 938.34 (2), (4d), (4m), or (4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile, and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.
(2)
Report to the department. At the department's request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department.
History:  1995 a. 77, 352; 2005 a. 344; 2017 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.595 - Duration of control of county departments over delinquents.

938.595
Duration of control of county departments over delinquents.
A juvenile who has been adjudged delinquent and placed under the supervision of a county department under s. 938.34 (2), (4d), (4m), or (4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.
History:  1995 a. 77, 352; 2013 a. 334; 2017 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.795 - Powers of the department.

938.795
Powers of the department.
The department may do all of the following:
(1)
Collect statistics and information. Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department relating to delinquency and crime.
(2)
Assist communities. Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating a total community program relating to delinquency and crime, including the improvement of law enforcement.
(3)
Assist schools. Assist schools in extending their particular contribution in identifying and helping juveniles vulnerable to delinquency and crime and in improving school services for all youth.
(4)
Enlighten public opinion. Develop and maintain an enlightened public opinion in support of any program to control delinquency and crime.
History:  1995 a. 77; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.988 - Interstate placement of juveniles.

938.988
Interstate placement of juveniles.
Sections 48.988 and 48.989 apply to the interstate placement of juveniles, except that s. 48.99, rather than those sections, applies to the interstate placement of juveniles following withdrawal from the Interstate Compact on the Placement of Children as described in s. 48.9895.
History:  1995 a. 77; 2009 a. 339.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.9995 - Expediting interstate placements of juveniles.

938.9995
Expediting interstate placements of juveniles.
The courts of this state shall do all of the following to expedite the interstate placement of juveniles:
(1)
Subject to ss. 48.396 (2) and 938.396 (2), cooperate with the courts of other states in the sharing of information.
(2)
To the greatest extent possible, obtain information and testimony from agencies and parties located in other states without requiring interstate travel by those agencies and parties.
(3)
Permit parents, juveniles, other necessary parties, attorneys, and guardians ad litem in proceedings involving the interstate placement of a juvenile to participate in those proceedings without requiring interstate travel by those persons.
History:  2009 a. 79.
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.01 - Name and interpretation.

939.01
Name and interpretation.
Chapters 939 to 951 may be referred to as the criminal code but shall not be interpreted as a unit. Crimes committed prior to July 1, 1956, are not affected by chs. 939 to 951.
History:  1979 c. 89; 1987 a. 332 s. 64.
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.10 - Common law crimes abolished; common law rules preserved.

939.10
Common law crimes abolished; common law rules preserved.
Common law crimes are abolished. The common law rules of criminal law not in conflict with chs. 939 to 951 are preserved.
History:  1979 c. 89; 1987 a. 332 s. 64; 2007 a. 97.
The common law privilege to forcibly resist an unlawful arrest is abrogated. State v. Hobson, 218 Wis. 2d 350, 577 N.W.2d 825 (1998), 96-0914.
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.14 - Criminal conduct or contributory negligence of victim no defense.

939.14
Criminal conduct or contributory negligence of victim no defense.
It is no defense to a prosecution for a crime that the victim also was guilty of a crime or was contributorily negligent.
A jury instruction that a defrauded party had no duty to investigate fraudulent representations was correct. Lambert v. State, 73 Wis. 2d 590, 243 N.W.2d 524 (1976).
This section does not prevent considering the victim's negligence in relation to causation. This section only means that a defendant is not immune from prosecution merely because the victim has been negligent. State v. Lohmeier, 205 Wis. 2d 183, 556 N.W.2d 90 (1996), 94-2187.
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.20 - Provisions which apply only to chapters 939 to 951.

939.20
Provisions which apply only to chapters 939 to 951.
Sections 939.22 to 939.25 apply only to crimes defined in chs. 939 to 951. Other sections in ch. 939 apply to crimes defined in other chapters of the statutes as well as to those defined in chs. 939 to 951.
History:  1979 c. 89; 1987 a. 332 s. 64; 1987 a. 399, 403.
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.23 - Criminal intent.

939.23
Criminal intent.
(1)
When criminal intent is an element of a crime in chs. 939 to 951, such intent is indicated by the term “intentionally", the phrase “with intent to", the phrase “with intent that", or some form of the verbs “know" or “believe".
(2)
“Know" requires only that the actor believes that the specified fact exists.
(3)
“Intentionally" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result. In addition, except as provided in sub. (6), the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word “intentionally".
(4)
“With intent to" or “with intent that" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result.
(5)
Criminal intent does not require proof of knowledge of the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section.
(6)
Criminal intent does not require proof of knowledge of the age of a minor even though age is a material element in the crime in question.
History:  1979 c. 89; 1987 a. 332 s. 64; 1987 a. 399; 1993 a. 486.
Judicial Council Note, 1988: Subs. (3) and (4) are conformed to the formulation of s. 2.02 (2) (b) ii of the model penal code. [Bill 191-S]
A person need not foresee or intend the specific consequences of an act in order to possess the requisite criminal intent and is presumed to intend the natural and probable consequences of the act. State v. Gould, 56 Wis. 2d 808, 202 N.W.2d 903 (1973).
Instructions on intent to kill created a permissible rebuttable presumption that shifted the burden of production to the defendant, but not the burden of persuasion. Muller v. State, 94 Wis. 2d 450, 289 N.W.2d 570 (1980).
The court properly refused to instruct the jury on a “mistake of fact" defense when the accused claimed that the victim moved into the path of a gunshot intended only to frighten the victim. State v. Bougneit, 97 Wis. 2d 687, 294 N.W.2d 675 (Ct. App. 1980).
The constitutionality of sub. (3) is upheld. State v. Smith, 170 Wis. 2d 701, 490 N.W.2d 40 (Ct. App. 1992).
The trial court's wholesale exclusion of the defendant's proffered expert and lay testimony regarding posttraumatic stress disorder from the guilt phase of a murder trial without valid justification violated the defendant's right to present a defense and to testify on her own behalf. Morgan v. Krenke, 72 F. Supp. 2d 980 (1999).
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.25 - Criminal negligence.

939.25
Criminal negligence.
(1)
In this section, “criminal negligence" means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, except that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence" means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to an unborn child, to the woman who is pregnant with that unborn child or to another.
(2)
If criminal negligence is an element of a crime in chs. 939 to 951 or s. 346.62, the negligence is indicated by the term “negligent" or “negligently".
(3)
This section does not apply to s. 948.21.
History:  1987 a. 399; 1989 a. 56 s. 259; 1997 a. 180, 295; 2017 a. 283.
Judicial Council Note, 1988: This section is new. It provides a uniform definition of criminal negligence, patterned on prior ss. 940.08 (2), 940.24 (2) and 941.01 (2). Criminal negligence means the creation of a substantial and unreasonable risk of death or great bodily harm to another, of which the actor should be aware. [Bill 191-S]
The definition of criminal negligence as applied to homicide by negligent operation of a vehicle is not unconstitutionally vague. State v. Barman, 183 Wis. 2d 180, 515 N.W.2d 493 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.30 - Solicitation.

939.30
Solicitation.
(1)
Except as provided in sub. (2) and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class H felony.
(2)
For a solicitation to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class F felony. For a solicitation to commit a Class I felony, the actor is guilty of a Class I felony.
History:  1977 c. 173; 1989 a. 121; 1991 a. 153; 1995 a. 448; 2001 a. 109.
Prosecuting for solicitation under this section, rather than under s. 944.30 for prostitution, did not deny equal protection. Sears v. State, 94 Wis. 2d 128, 287 N.W.2d 785 (1980).
Section 939.05 (2) (c) does not make renunciation or withdrawal a defense to the crime of solicitation. State v. Boehm, 127 Wis. 2d 351, 379 N.W.2d 874 (Ct. App. 1985).
When “A" solicits “B" to solicit “A" to commit perjury, “ A" is guilty of solicitation. State v. Manthey, 169 Wis. 2d 673, 487 N.W.2d 44 (Ct. App. 1992).
The crime of solicitation does not require that the actor know with certainty whether an injury will in fact result from the solicitee's conduct. State v. Kloss, 2019 WI App 13, 386 Wis. 2d 314, 925 N.W.2d 563, 18-0651.
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.42 - Intoxication.

939.42
Intoxication.
An intoxicated or a drugged condition of the actor is a defense only if such condition is involuntarily produced and does one of the following:
(1)
Renders the actor incapable of distinguishing between right and wrong in regard to the alleged criminal act at the time the act is committed.
(2)
Negatives the existence of a state of mind essential to the crime.
History:  1987 a. 399; 2013 a. 307.
To be relieved from responsibility for criminal acts, it is not enough for a defendant to establish that the defendant was under the influence of intoxicating beverages; the defendant must establish that degree of intoxication that means the defendant was utterly incapable of forming the intent requisite to the commission of the crime charged. State v. Guiden, 46 Wis. 2d 328, 174 N.W.2d 488 (1970).
This section does not afford a defense when drugs were taken voluntarily and the facts demonstrate that there was an intent to kill and conceal the crime. Gibson v. State, 55 Wis. 2d 110, 197 N.W.2d 813 (1972).
Evidence of addiction was properly excluded as a basis for showing “involuntariness." Loveday v. State, 74 Wis. 2d 503, 247 N.W.2d 116 (1976).
The intoxication instruction did not impermissibly shift the burden of proof to the accused. State v. Reynosa, 108 Wis. 2d 499, 322 N.W.2d 504 (Ct. App. 1982).
A correct statement of the law under this section should be conveyed to the jury by instructing it that it must consider the evidence regarding whether the defendant was intoxicated at the time of the alleged offense. State v. Foster, 191 Wis. 2d 14, 528 N.W.2d 22 (Ct. App. 1995).
It is not a requirement of the defense of involuntary intoxication when intoxication is caused by prescription drugs that the defendant did not know of the drug's intoxicating effect. Intoxication resulting from compliance with a physician's advice will not be deemed voluntary just because the defendant was aware of potential adverse side effects. State v. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999), 98-2655.
To be entitled to an instruction on involuntary intoxication, the defendant must come forward with credible and sufficient evidence of intoxication to the extent that the defendant was unable to distinguish right from wrong. State v. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999), 98-2655.
Criminal Law: Alcoholism as a Defense. Herald. 53 MLR 445 (1970).
Due Process and the Voluntary Intoxication Defense. Larson. Wis. Law. Feb. 2019.
2023 Wisconsin Statutes & Annotations › Chapter 939 - Crimes — general provisions. › 939.43 - Mistake.

939.43
Mistake.
(1)
An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.
(2)
A mistake as to the age of a minor or as to the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section is not a defense.
The prosecution of an individual who relied on a governmental official's statutorily required legal opinion would impose an unconscionable rigidity in the law. State v. Davis, 63 Wis. 2d 75, 216 N.W.2d 31 (1974).
Mistake is not a defense to criminal negligence. A defendant's subjective state of mind is not relevant to determining criminal negligence. State v. Lindvig, 205 Wis. 2d 100, 555 N.W.2d 197 (Ct. App. 1996), 96-0235.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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. Circuit Court for Douglas County, 100 Wis. 2d 569, 302 N.W.2d 462 (1981).
2023 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.
2023 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 the “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.