reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.24 - Injury by negligent handling of dangerous weapon, explosives or fire.

940.24
Injury by negligent handling of dangerous weapon, explosives or fire.
(1)
Except as provided in sub. (3), whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
(2)
Whoever causes bodily harm to an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class I felony.
(3)
Subsection (1) does not apply to a health care provider acting within the scope of his or her practice or employment.
History:  1977 c. 173; 1987 a. 399; 1997 a. 295; 2001 a. 109; 2011 a. 2.
Judicial Council Note, 1988: The definition of the offense is broadened to include highly negligent handling of fire, explosives and dangerous weapons other than a firearm, airgun, knife or bow and arrow. See s. 939.22 (10). The culpable mental state is criminal negligence. See s. 939.25 and the NOTE thereto. [Bill 191-S]
Dogs must be intended to be weapons before their handling can result in a violation of this section. That a dog bites does not render the dog a dangerous weapon. Despite evidence of positive steps to restrain the dog, when those measures are inadequate criminal negligence may be found. Physical proximity is not necessary for a defendant's activity to constitute handling. State v. Bodoh, 226 Wis. 2d 718, 595 N.W.2d 330 (1999), 97-0495.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.285 - Abuse of individuals at risk.

940.285
Abuse of individuals at risk.
(1)
Definitions. In this section:
(ag)
“Abuse" means any of the following:
1.
Physical abuse, as defined in s. 46.90 (1) (fg).
2.
Emotional abuse, as defined in s. 46.90 (1) (cm).
3.
Sexual abuse, as defined in s. 46.90 (1) (gd).
4.
Treatment without consent, as defined in s. 46.90 (1) (h).
5.
Unreasonable confinement or restraint, as defined in s. 46.90 (1) (i).
6.
Deprivation of a basic need for food, shelter, clothing, or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order.
(am)
“Adult at risk" has the meaning given in s. 55.01 (1e).
(dc)
“Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
(dg)
“Individual at risk" means an elder adult at risk or an adult at risk.
(dm)
“Recklessly" means conduct that creates a situation of unreasonable risk of harm and demonstrates a conscious disregard for the safety of the vulnerable adult.
(1m)
Exception. Nothing in this section may be construed to mean that an individual at risk is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition.
(2)
Abuse; penalties.
(a)
Any person, other than a person in charge of or employed in a facility under s. 940.29 or in a facility or program under s. 940.295 (2), who does any of the following may be penalized under par. (b):
1.
Intentionally subjects an individual at risk to abuse.
2.
Recklessly subjects an individual at risk to abuse.
3.
Negligently subjects an individual at risk to abuse.
(b)
1g.
Any person violating par. (a) 1. or 2. under circumstances that cause death is guilty of a Class C felony. Any person violating par. (a) 3. under circumstances that cause death is guilty of a Class D felony.
1m.
Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class F felony.
1r.
Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class G felony. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class I felony.
2.
Any person violating par. (a) 1. under circumstances that cause bodily harm is guilty of a Class H felony. Any person violating par. (a) 1. under circumstances that are likely to cause bodily harm is guilty of a Class I felony.
4.
Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
5.
Any person violating par. (a) 1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
History:  1985 a. 306; 1993 a. 445; 1997 a. 180; 2001 a. 109; 2005 a. 264, 388; 2007 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.29 - Abuse of residents of penal facilities.

940.29
Abuse of residents of penal facilities.
Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class I felony.
History:  1975 c. 119; 1975 c. 413 s. 18; 1977 c. 173; 1979 c. 124; 1981 c. 20; 1987 a. 161 ss. 12, 13m; 1987 a. 332; 1993 a. 445; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.291 - Law enforcement officer; failure to render aid.

940.291
Law enforcement officer; failure to render aid.
(1)
Any peace officer, while acting in the course of employment or under the authority of employment, who intentionally fails to render or make arrangements for any necessary first aid for any person in his or her actual custody is guilty of a Class A misdemeanor if bodily harm results from the failure. This subsection applies whether the custody is lawful or unlawful and whether the custody is actual or constructive. A violation for intentionally failing to render first aid under this subsection applies only to first aid which the officer has the knowledge and ability to render.
(2)
Any peace officer who knowingly permits another person to violate sub. (1), while acting in the course of employment or under the authority of employment, is guilty of a Class A misdemeanor.
History:  1983 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.30 - False imprisonment.

940.30
False imprisonment.
Whoever intentionally confines or restrains another without the person's consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.
History:  1977 c. 173; 2001 a. 109.
False imprisonment is not a lesser included offense of the crime of kidnapping. Geitner v. State, 59 Wis. 2d 128, 207 N.W.2d 837 (1973).
A victim need only take advantage of reasonable means of escape; a victim need not expose himself or herself or others to danger in attempt to escape. State v. C.V.C., 153 Wis. 2d 145, 450 N.W.2d 463 (Ct. App. 1989).
False imprisonment, or confinement, is the intentional, unlawful, and uncontested restraint by one person of the physical liberty of another. State v. Burroughs, 2002 WI App 18, 250 Wis. 2d 180, 640 N.W.2d 190, 01-0738.
In the context of false imprisonment, consent means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to be confined or restrained. Under the circumstances of this case, even if the jury did not believe that the victim said no, a reasonable jury could have determined beyond a reasonable doubt that the victim did not consent to the restraint. State v. Long, 2009 WI 36, 317 Wis. 2d 92, 765 N.W.2d 557, 07-2307.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.305 - Taking hostages.

940.305
Taking hostages.
(1)
Except as provided in sub. (2), whoever by force or threat of imminent force seizes, confines or restrains a person without the person's consent and with the intent to use the person as a hostage in order to influence a person to perform or not to perform some action demanded by the actor is guilty of a Class B felony.
(2)
Whoever commits a violation specified under sub. (1) is guilty of a Class C felony if, before the time of the actor's arrest, each person who is held as a hostage is released without bodily harm.
History:  1979 c. 118; 1993 a. 194; 2001 a. 109.
The constitutionality of this section is upheld. State v. Bertrand, 162 Wis. 2d 411, 469 N.W.2d 873 (Ct. App. 1991).
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.31 - Kidnapping.

940.31
Kidnapping.
(1)
Whoever does any of the following is guilty of a Class C felony:
(a)
By force or threat of imminent force carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
(b)
By force or threat of imminent force seizes or confines another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
(c)
By deceit induces another to go from one place to another with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will.
(2)
(a)
Except as provided in par. (b), whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class B felony.
(b)
Whoever violates sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class C felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.
History:  1977 c. 173; 1993 a. 194, 486; 2001 a. 109.
A conviction under sub. (1) (c) does not require proof of express or implied misrepresentations. State v. Dalton, 98 Wis. 2d 725, 298 N.W.2d 398 (Ct. App. 1980).
“Service," as used in this section, includes acts done at the command of another and clearly embraces sexual acts performed at the command of another. State v. Clement, 153 Wis. 2d 287, 450 N.W.2d 789 (Ct. App. 1989).
Parental immunity does not extend to an agent acting for the parent. State v. Simplot, 180 Wis. 2d 383, 509 N.W.2d 338 (Ct. App. 1993).
Forced movement of a person from one part of a building to another satisfies the “carries another from one place to another" element of sub. (1) (a). State v. Wagner, 191 Wis. 2d 322, 528 N.W.2d 85 (Ct. App. 1995).
Confinement is the intentional, unlawful, and uncontested restraint by one person of the physical liberty of another. State v. Burroughs, 2002 WI App 18, 250 Wis. 2d 180, 640 N.W.2d 190, 01-0738.
Sub. (2) (b) allows for a lesser degree of kidnapping if two additional elements are present: 1) the victim is released prior to the first witness testimony, and 2) there is no permanent physical injury to the victim. Once there is some evidence of the mitigating factor of no permanent injury, the burden is on the state to prove the absence of that factor, and a court accepting a guilty plea to a charged kidnapping offense under sub. (2) (a) should ascertain a factual basis for excluding the lesser-related offense under sub. (2) (b). State v. Ravesteijn, 2006 WI App 250, 297 Wis. 2d 663, 727 N.W.2d 53, 05-1955.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.315 - Global positioning devices.

940.315
Global positioning devices.
(1)
Whoever does any of the following is guilty of a Class A misdemeanor:
(a)
Places a global positioning device or a device equipped with global positioning technology on a vehicle owned or leased by another person without that person's consent.
(b)
Intentionally obtains information regarding another person's movement or location generated by a global positioning device or a device equipped with global positioning technology that has been placed without that person's consent.
(2)
This section does not apply to a motor vehicle manufacturer or a person, acting within the scope of his or her employment, who installs an in-vehicle communication or telematics system, to a device installed by or with the permission of the vehicle owner for automobile insurance rating, underwriting, or claims handling purposes, to a law enforcement officer acting in his or her official capacity, to a parent or guardian acting to track the movement or location of his or her minor child or his or her ward, to a lienholder or agent of a lienholder acting to track the movement or location of a motor vehicle in order to repossess the motor vehicle, or to an employer or business owner acting to track the movement or location of a motor vehicle owned, leased, or assigned for use by the employer or business owner.
History:  2015 a. 45.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.34 - Duty to aid victim or report crime.

940.34
Duty to aid victim or report crime.
(1)
(a)
Whoever violates sub. (2) (a) is guilty of a Class C misdemeanor.
(b)
Whoever violates sub. (2) (b) is guilty of a Class C misdemeanor and is subject to discipline under s. 440.26 (6).
(c)
Whoever violates sub. (2) (c) is guilty of a Class C misdemeanor.
(2)
(a)
Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.
(b)
Any person licensed as a private detective or granted a private security permit under s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
(c)
1.
In this paragraph, “ unlicensed private security person" means a private security person, as defined in s. 440.26 (1m), who is exempt from the permit and licensure requirements of s. 440.26.
2.
Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
(d)
A person need not comply with this subsection if any of the following apply:
1.
Compliance would place him or her in danger.
2.
Compliance would interfere with duties the person owes to others.
3.
In the circumstances described under par. (a), assistance is being summoned or provided by others.
4.
In the circumstances described under par. (b) or (c), the crime or alleged crime has been reported to an appropriate law enforcement agency by others.
(2m)
If a person is subject to sub. (2) (b) or (c), the person need not comply with sub. (2) (b) or (c) until after he or she has summoned or provided assistance to a victim.
(3)
If a person renders emergency care for a victim, s. 895.48 (1) applies. Any person who provides other reasonable assistance under this section is immune from civil liability for his or her acts or omissions in providing the assistance. This immunity does not apply if the person receives or expects to receive compensation for providing the assistance.
History:  1983 a. 198; 1985 a. 152, 332; 1987 a. 14; 1995 a. 461; 2021 a. 238 s. 44.
This section is not unconstitutional. For a conviction, it must be proved that an accused believed a crime was being committed and that a victim was exposed to bodily harm. The reporting required does not require the defendant to incriminate himself or herself as the statute contains no mandate that an individual identify himself or herself. Whether a defendant fits within an exception under sub. (2) (d) is a matter of affirmative defense. State v. LaPlante, 186 Wis. 2d 427, 521 N.W.2d 448 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.41 - Definitions.

940.41
Definitions.
In ss. 940.42 to 940.49:
(1g)
“Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
(1r)
“Malice" or “maliciously" means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice.
(2)
“Victim" means any natural person against whom any crime as defined in s. 939.12 or under the laws of the United States is being or has been perpetrated or attempted in this state.
(3)
“Witness" means any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced; whose declaration under oath is received as evidence for any purpose; who has provided information concerning any crime to any peace officer or prosecutor; who has provided information concerning a crime to any employee or agent of a law enforcement agency using a crime reporting telephone hotline or other telephone number provided by the law enforcement agency; or who has been served with a subpoena issued under s. 885.01 or under the authority of any court of this state or of the United States.
History:  1981 c. 118; 1993 a. 128.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.42 - Intimidation of witnesses; misdemeanor.

940.42
Intimidation of witnesses; misdemeanor.
Except as provided in s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.
History:  1981 c. 118.
When a mother and child were to testify against the defendant and the defendant sent letters to the mother urging that she and the child not testify, regardless of whether the letters were addressed to the child or the child was aware of the letter's contents, the defendant attempted to dissuade the child through her mother. As the mother of the minor child had the parental responsibility and practical authority to monitor communications by third parties with the child and to influence whether the child cooperated with the court proceedings, there was sufficient evidence to convict. State v. Moore, 2006 WI App 61, 292 Wis. 2d 101, 713 N.W.2d 131, 04-3227.
This section supports charging a person with a separate count for each letter sent, and each other act performed, for the purpose of attempting to dissuade any witness from attending or giving testimony at a court proceeding or trial. State v. Moore, 2006 WI App 61, 292 Wis. 2d 101, 713 N.W.2d 131, 04-3227.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.43 - Intimidation of witnesses; felony.

940.43
Intimidation of witnesses; felony.
Whoever violates s. 940.42 under any of the following circumstances is guilty of a Class G felony:
(1)
Where the act is accompanied by force or violence or attempted force or violence upon the witness, or the spouse, child, stepchild, foster child, parent, sibling, or grandchild of the witness, or any person sharing a common domicile with the witness.
(2)
Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).
(3)
Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2).
(4)
Where the act is in furtherance of any conspiracy.
(5)
Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
(6)
Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
(7)
Where the act is committed by a person who is charged with a felony in connection with a trial, proceeding, or inquiry for that felony.
(8)
If the proceeding is a criminal trial, where the crime is an act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes the commission of a crime or a crime that, following a conviction, is subject to the surcharge in s. 973.055.
History:  1981 c. 118; 1997 a. 143; 2001 a. 109; 2005 a. 280; 2007 a. 96; 2009 a. 28; 2019 a. 112.
Conspiracy to intimidate a witness is included under sub. (4). State v. Seibert, 141 Wis. 2d 753, 416 N.W.2d 900 (Ct. App. 1987).
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.44 - Intimidation of victims; misdemeanor.

940.44
Intimidation of victims; misdemeanor.
Except as provided in s. 940.45, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:
(1)
Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge.
(2)
Causing a complaint, indictment, or information to be sought or prosecuted, or assisting in the prosecution thereof.
(3)
Arresting or causing or seeking the arrest of any person in connection with the victimization.
History:  1981 c. 118; 2015 a. 14.
A jury instruction for a violation of this section should specify the underlying crime and that a defendant cannot be found guilty of intimidating a victim of a crime unless the elements of the underlying crime are proved beyond a reasonable doubt. State v. Thomas, 161 Wis. 2d 616, 468 N.W.2d 729 (Ct. App. 1991).
Acquittal on the underlying charge does not require acquittal on a charge under this section as the jury may have exercised its right to return a not guilty verdict irrespective of evidence on the underlying charge. State v. Thomas, 161 Wis. 2d 616, 468 N.W.2d 729 (Ct. App. 1991).
The disorderly conduct statute, s. 947.01, does not require a victim, but when the disorderly conduct is directed at a person, that person is the victim for the purpose of prosecuting the perpetrator for intimidating a victim under this section. State v. Vinje, 201 Wis. 2d 98, 548 N.W.2d 118 (Ct. App. 1996), 95-1484.
In the phrase “causing a complaint ... to be sought and prosecuted and assisting in the prosecution thereof" in sub. (2), “and" is read in the disjunctive. Sub. (2) includes alleged acts of intimidation that occur after a victim has caused a complaint to be sought and applies to all acts of intimidation that attempt to prevent or dissuade a crime victim from providing any one or more of the following forms of assistance to prosecutors: 1) causing a complaint, indictment, or information to be sought; 2) causing a complaint to be prosecuted; or, more generally, 3) assisting in a prosecution. State v. Freer, 2010 WI App 9, 323 Wis. 2d 29, 779 N.W.2d 12, 08-2233.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.45 - Intimidation of victims; felony.

940.45
Intimidation of victims; felony.
Whoever violates s. 940.44 under any of the following circumstances is guilty of a Class G felony:
(1)
Where the act is accompanied by force or violence or attempted force or violence upon the victim, or the spouse, child, stepchild, foster child, parent, sibling, or grandchild of the victim, or any person sharing a common domicile with the victim.
(2)
Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).
(3)
Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2).
(4)
Where the act is in furtherance of any conspiracy.
(5)
Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
(6)
Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
(7)
Where the underlying crime is an act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes the commission of a crime or a crime that, following a conviction, is subject to the surcharge in s. 973.055.
History:  1981 c. 118; 1997 a. 143; 2001 a. 109; 2007 a. 96; 2009 a. 28; 2019 a. 112.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.46 - Attempt prosecuted as completed act.

940.46
Attempt prosecuted as completed act.
Whoever attempts the commission of any act prohibited under ss. 940.42 to 940.45 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intimidated is not a defense against any prosecution under ss. 940.42 to 940.45.
History:  1981 c. 118.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.47 - Court orders.

940.47
Court orders.
Any court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness has occurred or is reasonably likely to occur, may issue orders including but not limited to any of the following:
(1)
An order that a defendant not violate ss. 940.42 to 940.45.
(2)
An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate ss. 940.42 to 940.45.
(3)
An order that any person described in sub. (1) or (2) maintain a prescribed geographic distance from any specified witness or victim.
(4)
An order that any person described in sub. (1) or (2) have no communication with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose.
History:  1981 c. 118.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.48 - Violation of court orders.

940.48
Violation of court orders.
Whoever violates an order issued under s. 940.47 may be punished as follows:
(1)
If applicable, the person may be prosecuted under ss. 940.42 to 940.45.
(2)
As a contempt of court under ch. 785. A finding of contempt is not a bar to prosecution under ss. 940.42 to 940.45, but:
(a)
Any person who commits a contempt of court is entitled to credit for any punishment imposed therefor against any sentence imposed on conviction under ss. 940.42 to 940.45; and
(b)
Any conviction or acquittal for any substantive offense under ss. 940.42 to 940.45 is a bar to subsequent punishment for contempt arising out of the same act.
(3)
By the revocation of any form of pretrial release or forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding the defendant to custody. After hearing and on substantial evidence, the revocation may be made whether the violation of order complained of has been committed by the defendant personally or was caused or encouraged to have been committed by the defendant.
History:  1981 c. 118.
2023 Wisconsin Statutes & Annotations › Chapter 940 - Crimes against life and bodily security. › 940.49 - Pretrial release.

940.49
Pretrial release.
Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by ss. 940.42 to 940.45 and any willful violation of the condition is subject to punishment as prescribed in s. 940.48 (3) whether or not the defendant was the subject of an order under s. 940.47.
History:  1981 c. 118.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.01 - Negligent operation of vehicle.

941.01
Negligent operation of vehicle.
(1)
Whoever endangers another's safety by a high degree of negligence in the operation of a vehicle, not upon a highway as defined in s. 340.01, is guilty of a Class A misdemeanor.
(2)
Upon conviction under sub. (1), no revocation or suspension of an operator's license may follow.
History:  1977 c. 173; 1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.10 - Negligent handling of burning material.

941.10
Negligent handling of burning material.
(1)
Whoever handles burning material in a highly negligent manner is guilty of a Class A misdemeanor.
(2)
Burning material is handled in a highly negligent manner if handled with criminal negligence under s. 939.25 or under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another's property is created.
History:  1977 c. 173; 1987 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.11 - Unsafe burning of buildings.

941.11
Unsafe burning of buildings.
Whoever does either of the following is guilty of a Class H felony:
(1)
Intentionally burns his or her own building under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to another's property; or
(2)
Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a 3rd person's property.
History:  1977 c. 173; 1993 a. 486; 1995 a. 417; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.12 - Interfering with fire fighting.

941.12
Interfering with fire fighting.
(1)
Whoever intentionally interferes with the proper functioning of a fire alarm system or the lawful efforts of fire fighters to extinguish a fire is guilty of a Class I felony.
(2)
Whoever interferes with, tampers with or removes, without authorization, any fire extinguisher, fire hose or any other fire fighting equipment, is guilty of a Class A misdemeanor.
(3)
Whoever interferes with accessibility to a fire hydrant by piling or dumping material near it without first obtaining permission from the appropriate municipal authority is guilty of a Class C misdemeanor. Every day during which the interference continues constitutes a separate offense.
History:  1977 c. 173; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.21 - Disarming a peace officer.

941.21
Disarming a peace officer.
Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under s. 941.26 (1g) (b) or (4) (a) from the officer without his or her consent is guilty of a Class H felony. This section applies to any dangerous weapon or any device or container described under s. 941.26 (1g) (b) or (4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.
History:  1983 a. 262; 1993 a. 98; 1995 a. 339; 2001 a. 109; 2015 a. 197.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.231 - Carrying a concealed knife.

941.231
Carrying a concealed knife.
Any person who is prohibited from possessing a firearm under s. 941.29 who goes armed with a concealed knife that is a dangerous weapon is guilty of a Class A misdemeanor.
History:  2015 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.235 - Carrying firearm in public building.

941.235
Carrying firearm in public building.
(1)
Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
(2)
This section does not apply to any of the following:
(a)
Peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building under sub. (1). Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
(c)
A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
(d)
A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.
(e)
A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).
History:  1979 c. 221; 1991 a. 172; 1993 a. 246; 2001 a. 109; 2007 a. 27; 2011 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.25 - Manufacturer to register machine guns.

941.25
Manufacturer to register machine guns.
(1)
In this section, “machine gun" means any of the following:
(a)
Any weapon that shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.
(b)
The frame or receiver of any weapon described under par. (a) or any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a weapon described under par. (a).
(c)
Any combination of parts from which a weapon described under par. (a) can be assembled if those parts are in the possession or under the control of a person.
(2)
Every manufacturer shall keep a register of all machine guns manufactured or handled by him or her. This register shall show the model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received; and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received. Upon demand every manufacturer shall permit any marshal, sheriff, or police officer to inspect his or her entire stock of machine guns, parts, and supplies therefor, and shall produce the register required under this subsection for inspection. Whoever violates any provision of this subsection is subject to a Class B forfeiture.
(3)
This section does not prohibit or interfere with the manufacture for, and sale of, machine guns to the military forces or the peace officers of the United States or of any political subdivision thereof, or the transportation required for that purpose; the possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or the possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive.
History:  1977 c. 173; 2015 a. 197 ss. 17, 30, 31.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.28 - Possession of short-barreled shotgun or short-barreled rifle.

941.28
Possession of short-barreled shotgun or short-barreled rifle.
(1)
In this section:
(a)
“Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a metallic cartridge to fire through a rifled barrel a single projectile for each pull of the trigger.
(b)
“Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.
(c)
“Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
(d)
“Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder or hip and designed or redesigned and made or remade to use the energy of a propellant in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(2)
No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle.
(3)
Any person violating this section is guilty of a Class H felony.
(4)
This section does not apply to the sale, purchase, possession, use or transportation of a short-barreled shotgun or short-barreled rifle to or by any armed forces or national guard personnel in line of duty, any peace officer of the United States or of any political subdivision of the United States or any person who has complied with the licensing and registration requirements under 26 USC 5801 to 5872. This section does not apply to the manufacture of short-barreled shotguns or short-barreled rifles for any person or group authorized to possess these weapons. The restriction on transportation contained in this section does not apply to common carriers. This section shall not apply to any firearm that may be lawfully possessed under federal law, or any firearm that could have been lawfully registered at the time of the enactment of the national firearms act of 1968.
(5)
Any firearm seized under this section is subject to s. 968.20 (3) and is presumed to be contraband.
History:  1979 c. 115; 2001 a. 109.
The intent in sub. (1) (d) is that of the fabricator; that the gun is incapable of being fired or not intended to be fired by the possessor is immaterial. State v. Johnson, 171 Wis. 2d 175, 491 N.W.2d 110 (Ct. App. 1992).
“Firearm" means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. State v. Rardon, 185 Wis. 2d 701, 518 N.W.2d 330 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.2905 - Straw purchasing of firearms.

941.2905
Straw purchasing of firearms.
(1)
Whoever intentionally furnishes, purchases, or possesses a firearm for a person, knowing that the person is prohibited from possessing a firearm under s. 941.29 (1m), is guilty of a Class G felony.
(2)
The prohibition in sub. (1) against possessing a firearm for a person who is prohibited from possessing a firearm does not apply to the possession of a firearm by any of the following:
(a)
A person to whom the firearm is surrendered under s. 813.1285.
(b)
A person who has been designated under s. 51.20 (13) (cv) 3. to store the firearm during the duration of the order under s. 51.20 (13) (cv) 1. not to possess a firearm.
(c)
A person who has been designated under s. 51.45 (13) (i) 3. to store the firearm during the duration of the order under s. 51.45 (13) (i) 1. not to possess a firearm.
(d)
A person who has been designated under s. 54.10 (3) (f) 3. to store the firearm during the duration of the order under s. 54.10 (3) (f) 1.
(e)
A person who has been designated under s. 55.12 (10) (c) to store the firearm during the duration of the order under s. 55.12 (10) (a).
(f)
A person not covered under pars. (a) to (e) who has been designated to store the firearm during the duration of any temporary prohibition on the possession of a firearm.
History:  2017 a. 145.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.292 - Possession of a weaponized drone.

941.292
Possession of a weaponized drone.
(1)
In this section, “drone" means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.
(2)
Whoever operates any weaponized drone is guilty of a Class H felony. This subsection does not apply to a member of the U.S. armed forces or national guard acting in his or her official capacity.
History:  2013 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.295 - Possession of electric weapon.

941.295
Possession of electric weapon.
(1c)
In this section:
(a)
“Electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.
(b)
“Licensee" has the meaning given in s. 175.60 (1) (d).
(c)
“Out-of-state licensee" has the meaning given in s. 175.60 (1) (g).
(1m)
Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony.
(2)
Subsection (1m) does not apply to any of the following:
(a)
Any peace officer. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
(b)
Any armed forces or national guard personnel while on official duty.
(c)
Any corrections personnel in a county or in the department of corrections while on official duty.
(d)
Any manufacturer or seller of electric weapons, unless the manufacturer or seller engages in the conduct described in sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:
1.
A person specified in pars. (a) to (c), a person specified in sub. (2g) (c), a licensee, or an out-of-state licensee.
2.
A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.
(e)
Any common carrier transporting electric weapons.
(2g)
The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:
(a)
A licensee or an out-of-state licensee.
(b)
An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.
(c)
An individual who has a license or permit issued under s. 440.26, who is on official duty, and who may carry a firearm under rules promulgated under s. 440.26 (3m).
(2r)
The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following:
(a)
A licensee or an out-of-state licensee.
(b)
An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.
(3)
During the first 30 days after May 7, 1982, the electric weapons may be surrendered to any peace officer. Peace officers shall forward electric weapons to the crime laboratories if the retention of those weapons is not necessary for criminal prosecution purposes.
History:  1981 c. 348; 1985 a. 29 s. 3200 (35); 1989 a. 31, 56; 2001 a. 109; 2007 a. 27, 128; 2011 a. 35; 2019 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.296 - Use or possession of a handgun and an armor-piercing bullet during crime.

941.296
Use or possession of a handgun and an armor-piercing bullet during crime.
(1)
In this section:
(a)
“Armor-piercing bullet" means a bullet meeting any of the following criteria: any projectile or projectile core that may be fired from any handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium.
(b)
“Handgun" has the meaning given in s. 175.35 (1) (b).
(2)
Whoever uses or possesses a handgun during the commission of a crime under chs. 939 to 948 or 961 is guilty of a Class H felony under any of the following circumstances.
(a)
The handgun is loaded with an armor-piercing bullet or a projectile or projectile core that may be fired from the handgun with a muzzle velocity of 1,500 feet per second or greater.
(b)
The person possesses an armor-piercing bullet capable of being fired from the handgun.
History:  1993 a. 98; 1995 a. 448; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.2965 - Restrictions on use of facsimile firearms.

941.2965
Restrictions on use of facsimile firearms.
(1)
In this section, “facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. “Facsimile firearm" does not include any actual firearm.
(2)
No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture.
(3)
Subsection (2) does not apply to any of the following:
(a)
Any peace officer acting in the discharge of his or her official duties. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden.
(b)
Any person engaged in military activities, sponsored by the state or federal government, acting in the discharge of his or her official duties.
(c)
Any person who is on his or her own real property, in his or her own home or at his or her own fixed place of business.
(d)
Any person who is on real property and acting with the consent of the owner of that property.
History:  1993 a. 191; 1993 a. 491 s. 262; Stats. 1993 s. 941.2965; 2007 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 941 - Crimes against public health and safety. › 941.297 - Sale or distribution of imitation firearms.

941.297
Sale or distribution of imitation firearms.
(1)
In this section, “look-alike firearm" means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. “Look-alike firearm" does not include any imitation, nonfiring, collector replica of an antique firearm developed prior to 1898, or any traditional beebee, paint-ball or pellet-firing air gun that expels a projectile through the force of air pressure.
(2)
Beginning November 1, 1992, no person may sell or distribute any look-alike firearm. Whoever violates this subsection is subject to a Class A forfeiture.
(3)
This section does not apply to the sale or distribution of a look-alike firearm that complies with the marking or waiver requirements under 15 USC 5001 (b).
History:  1991 a. 155.