reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.74 - Aiding escape from mental institutions.

946.74
Aiding escape from mental institutions.
(1)
Whoever intentionally does or attempts to do any of the following is guilty of a Class A misdemeanor:
(a)
Aids any person committed to an institution for the care of the mentally ill, infirm or deficient to escape therefrom.
(b)
Introduces into any institution for the care of the mentally ill, infirm or deficient, or transfers to any person committed to such institution, anything adapted or useful in making an escape therefrom, with intent to aid any person to escape.
(c)
Removes from any institution for the care of the mentally ill, infirm or deficient any person committed thereto.
(2)
Whoever violates sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class H felony.
History:  1977 c. 173; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.75 - Denial of right of counsel.

946.75
Denial of right of counsel.
Whoever, while holding another person in custody and if that person requests a named attorney, denies that other person the right to consult and be advised by an attorney at law at personal expense, whether or not such person is charged with a crime, is guilty of a Class A misdemeanor.
History:  1977 c. 173.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.76 - Search warrant; premature disclosure.

946.76
Search warrant; premature disclosure.
Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class I felony.
History:  1977 c. 173; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.78 - False statement regarding military service.

946.78
False statement regarding military service.
(1)
In this section:
(a)
“Military" means the U.S. armed forces, the state defense force, the national guard of any state, or any other reserve component of the U.S. armed forces.
(b)
“Tangible benefit" includes financial remuneration, an effect on the outcome of a criminal or civil court proceeding, an effect on an election, and any benefit relating to service in the military that is provided by a federal, state, or local governmental unit or agency.
(2)
Except as provided in sub. (3), whoever knowingly and with the intent to receive a tangible benefit falsely claims any of the following is guilty of a Class A misdemeanor:
(a)
That he or she is or was a service member in the military.
(b)
That he or she has been awarded a Congressional Medal of Honor, a Distinguished Service Cross, a Navy Cross, an Air Force Cross, a Silver Star, a Bronze Star, a Purple Heart, a Combat Infantryman's Badge, a Combat Action Badge, a Combat Medical Badge, a Combat Action Ribbon, a Combat Action Medal, or a Special Operations Identifier or Special Qualification or Skill Identifier, as authorized by Congress or pursuant to federal law for the U.S. armed forces.
(3)
Any person violating sub. (2) with the intent to commit or aid or abet the commission of a crime other than a crime under this section is guilty of a Class H felony.
History:  2015 a. 30.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.79 - False statements to financial institutions.

946.79
False statements to financial institutions.
(1)
In this section:
(a)
“Financial institution" means a bank, savings bank, savings and loan association, credit union, loan company, sales finance company, insurance premium finance company, community currency exchange, seller of checks, insurance company, trust company, securities broker-dealer, as defined in s. 551.102 (4), mortgage banker, mortgage broker, pawnbroker, as defined in s. 134.71 (1) (e), telegraph company, or dealer in precious metals, stones, or jewels.
(b)
“Financial transaction information" means information being submitted to a financial institution in connection with a transaction with that financial institution.
(c)
“Monetary instrument" includes any of the following:
1.
Coin or currency of the United States or any other country.
2.
Traveler's check, personal check, money order, or share draft or other draft for payment.
3.
Investment security or negotiable instrument, in bearer form, book entry, or other form that provides that title to the security or instrument passes upon delivery or transfer of the security or instrument.
4.
Precious metals, stones, or jewels.
(d)
“Personal identification document" has the meaning given in s. 943.201 (1) (a).
(e)
“Personal identifying information" has the meaning given in s. 943.201 (1) (b).
(f)
“Transaction" means the acquisition, disposition, or transfer of property or anything of value by any means, including any of the following:
1.
The purchase, sale, trade, transfer, transmission, exchange, loan, pledge, investment, delivery, deposit, or withdrawal of a monetary instrument, credit card, gift card, gift certificate, financial transaction card, or similar monetary device.
2.
The use of a safe deposit box.
3.
The extension of credit.
4.
The transfer of property or anything of value between accounts.
5.
The movement of funds by wire transfer or any other electronic means.
(2)
Whoever knowingly does any of the following in connection with the submission of financial transaction information is guilty of a Class H felony:
(a)
Falsifies or conceals or attempts to falsify or conceal an individual's identity.
(b)
Makes a false statement regarding an individual's identity.
(c)
Makes or uses a writing containing false information regarding an individual's identity.
(d)
Uses a false personal identification document or false personal identifying information.
History:  2003 a. 36; 2007 a. 196; 2019 a. 161; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.80 - Short title.

946.80
Short title.
Sections 946.80 to 946.88 may be cited as the Wisconsin Organized Crime Control Act.
History:  1981 c. 280; 1989 a. 121.
RICO & WOCCA. Gegios & Jervis. Wis. Law. Apr. 1990.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.81 - Intent.

946.81
Intent.
The legislature finds that a severe problem is posed in this state by the increasing organization among certain criminal elements and the increasing extent to which criminal activities and funds acquired as a result of criminal activity are being directed to and against the legitimate economy of the state. The legislature declares that the intent of the Wisconsin Organized Crime Control Act is to impose sanctions against this subversion of the economy by organized criminal elements and to provide compensation to private persons injured thereby. It is not the intent of the legislature that isolated incidents of misdemeanor conduct be prosecuted under this act, but only an interrelated pattern of criminal activity the motive or effect of which is to derive pecuniary gain.
History:  1981 c. 280.
If a party violating this section could defend its actions using the voluntary payment rule, then the broad, remedial purpose of this section would be undermined. MBS-Certified Public Accountants, LLC v. Wisconsin Bell Inc., 2013 WI App 14, 346 Wis. 2d 173, 828 N.W.2d 575, 08-1830.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.83 - Prohibited activities.

946.83
Prohibited activities.
(1)
No person who has received any proceeds with knowledge that they were derived, directly or indirectly, from a pattern of racketeering activity may use or invest, whether directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(2)
No person, through a pattern of racketeering activity, may acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
(3)
No person employed by, or associated with, any enterprise may conduct or participate, directly or indirectly, in the enterprise through a pattern of racketeering activity.
History:  1981 c. 280.
Sub. (3) requires that the person be separate from the enterprise; as matter of law, an individual is separate from a solely-owned enterprise if it is a corporation. State v. Judd, 147 Wis. 2d 398, 433 N.W.2d 260 (Ct. App. 1988).
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.84 - Penalties.

946.84
Penalties.
(1)
Any person convicted of engaging in racketeering activity in violation of s. 946.83 is guilty of a Class E felony.
(2)
In lieu of a fine under sub. (1), any person convicted of engaging in conduct in violation of s. 946.83, through which he or she derived pecuniary value, or by which he or she caused personal injury or property damage or other loss, may be fined not to exceed 2 times the gross value gained or 2 times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred. In calculating the amount of fine based on personal injury, any measurement of pain and suffering shall be excluded.
(3)
The court shall hold a hearing to determine the amount of the fine authorized by sub. (2).
(4)
In sub. (2), “pecuniary value" means:
(a)
Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
(b)
Any other property or service that has a value in excess of $100.
History:  1981 c. 280, 391; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.85 - Continuing criminal enterprise.

946.85
Continuing criminal enterprise.
(1)
Any person who engages in a continuing criminal enterprise is guilty of a Class E felony.
(2)
In this section a person is considered to be engaged in a continuing criminal enterprise, if he or she engages in a prohibited activity under s. 946.83, and:
(a)
The activity is undertaken by the person in concert with 5 or more other persons, each of whom acted with intent to commit a crime and with respect to whom the person occupies a supervisory position; and
(b)
The person obtains gross income or resources in excess of $25,000 from the activity.
History:  1981 c. 280; 1997 a. 283; 2001 a. 109.
There are three separate offenses chargeable under this section, each requiring proof of a fact the others do not. Prosecution of continuing criminal enterprise violations and the predicate offenses does not violate double jeopardy. State v. Evers, 163 Wis. 2d 725, 472 N.W.2d 828 (Ct. App. 1991).
2023 Wisconsin Statutes & Annotations › Chapter 946 - Crimes against government and its administration. › 946.88 - Enforcement and jurisdiction.

946.88
Enforcement and jurisdiction.
(1)
A criminal or civil action or proceeding under ss. 946.80 to 946.88 may be commenced at any time within 6 years after a violation under ss. 946.80 to 946.88 terminates or the cause of action accrues. If a criminal action or proceeding under ss. 946.80 to 946.88 is brought, or intervened in, to punish, prevent or restrain any such violation, the running of the period of limitations with respect to any civil action or proceeding, including an action or proceeding under s. 946.87, which is based in whole or in part upon any matter complained of in the criminal action or proceeding shall be suspended for 2 years following the termination of the criminal action or proceeding.
(2)
The application of one civil or criminal remedy under ss. 946.80 to 946.88 does not preclude the application of any other remedy, civil or criminal, under ss. 946.80 to 946.88 or any other provision of law. Civil remedies under ss. 946.80 to 946.88 are supplemental, and not mutually exclusive, except the state may not proceed under both ss. 946.84 (2) and 946.87 (4).
(3)
The attorney general and the district attorneys of this state have concurrent authority to institute criminal proceedings under ss. 946.80 to 946.88, except a district attorney may institute proceedings only with the prior written approval of the attorney general.
History:  1981 c. 280; 1989 a. 121 s. 110; Stats. 1989 s. 946.88.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.011 - Disrupting a funeral or memorial service.

947.011
Disrupting a funeral or memorial service.
(1)
In this section:
(a)
“Facility" includes a cemetery in which a funeral or memorial service takes place.
(b)
“Funeral or memorial service" includes a wake or a burial, as defined in s. 157.061 (1), but does not include a service that is not intended to honor or commemorate one or more specific decedents.
(2)
(a)
No person may do any of the following during a funeral or memorial service, during the 60 minutes immediately preceding the scheduled starting time of a funeral or memorial service if a starting time has been scheduled, or during the 60 minutes immediately following a funeral or memorial service:
1.
Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance to a facility being used for the service with the intent to disrupt the service.
2.
Intentionally block access to a facility being used for the service.
(b)
No person, with the intent to disrupt a funeral procession, may impede vehicles that he or she knows are part of the procession.
(c)
No person may do any of the following during a funeral or memorial service, during the 60 minutes immediately preceding the scheduled starting time of a funeral or memorial service if a starting time has been scheduled, or during the 60 minutes immediately following a funeral or memorial service:
1.
Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance to a facility being used for the service.
2.
Block access to a facility being used for the service.
(d)
No person may impede vehicles that are part of a funeral procession if the person's conduct violates s. 947.01 (1).
(3)
(a)
Except as provided in par. (b), any person who violates this section is guilty of a Class A misdemeanor.
(b)
Any person who violates sub. (2) (a) or (b) after having been convicted of a violation of this section is guilty of a Class I felony.
History:  2005 a. 114; 2011 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.012 - Unlawful use of telephone.

947.012
Unlawful use of telephone.
(1)
Whoever does any of the following is guilty of a Class B misdemeanor:
(a)
With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person.
(b)
With intent to frighten, intimidate, threaten or abuse, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(c)
Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.
(2)
Whoever does any of the following is subject to a Class B forfeiture:
(a)
With intent to harass or offend, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(b)
Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.
(c)
Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.
(d)
Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number.
(e)
Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.
History:  1979 c. 131; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.013 - Harassment.

947.013
Harassment.
(1)
In this section:
(a)
“Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
(b)
“Credible threat" means a threat made with the intent and apparent ability to carry out the threat.
(c)
“Personally identifiable information" has the meaning given in s. 19.62 (5).
(d)
“Record" has the meaning given in s. 19.32 (2).
(1m)
Whoever, with intent to harass or intimidate another person, does any of the following is subject to a Class B forfeiture:
(a)
Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same.
(b)
Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.
(1r)
Whoever violates sub. (1m) under all of the following circumstances is guilty of a Class A misdemeanor:
(a)
The act is accompanied by a credible threat that places the victim in reasonable fear of death or great bodily harm.
(b)
The act occurs while the actor is subject to an order or injunction under s. 813.12, 813.122 or 813.125 that prohibits or limits his or her contact with the victim.
(1t)
Whoever violates sub. (1r) is guilty of a Class I felony if the person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) involving the same victim and the present violation occurs within 7 years of the prior conviction.
(1v)
Whoever violates sub. (1r) is guilty of a Class H felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (1r).
(1x)
Whoever violates sub. (1r) under all of the following circumstances is guilty of a Class H felony:
(a)
The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32 (2), (2e), (2m), or (3).
(b)
The person intentionally gains access to a record in order to facilitate the current violation under sub. (1r).
(2)
This section does not prohibit any person from participating in lawful conduct in labor disputes under s. 103.53.
History:  1983 a. 336; 1991 a. 194; 1993 a. 496; 2001 a. 109.
This section is not a safety statute and does not grant a private right of action for its violation. Estate of Drab v. Anderson, 143 Wis. 2d 568, 422 N.W.2d 144 (Ct. App. 1988).
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.014 - Swatting.

947.014
Swatting.
(1)
In this section:
(a)
“Authorized emergency vehicle” has the meaning given in s. 340.01 (3).
(b)
“Emergency” means any of the following:
1.
A condition that results in or could result in the response of a law enforcement officer, tribal law enforcement officer, state-certified commission warden, fire fighter, emergency medical responder, or emergency medical services practitioner in an authorized emergency vehicle, aircraft, or vessel.
2.
A condition that jeopardizes or could jeopardize public safety and results in or could result in the evacuation of any area, building, structure, or vehicle.
(c)
“Emergency medical responder” has the meaning given in s. 256.01 (4p).
(d)
“Emergency medical services practitioner” has the meaning given in s. 256.01 (5).
(e)
“Fire fighter” has the meaning given in s. 102.475 (8) (b).
(f)
“Law enforcement agency” has the meaning given in s. 165.77 (1) (b).
(g)
“Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
(h)
“Specialized tactical team” means a special weapons and tactics team or a tactical response team that is designated by a law enforcement agency and whose members are recruited, selected, trained, equipped, and assigned to resolve critical incidents that involve a threat to public safety.
(i)
“Tribal law enforcement officer” has the meaning given in s. 165.92 (1) (b).
(2)
Whoever, knowing the information is false, intentionally conveys, or causes to be conveyed, any false information that an emergency exists is guilty of a Class I felony if the information elicits, or could elicit, a response from a specialized tactical team.
(3)
Whoever violates sub. (2) is guilty of a Class H felony if the violation resulted in bodily harm to any person or a Class E felony if the violation resulted in great bodily harm to any person.
History: 2019 a. 132.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.015 - Bomb scares.

947.015
Bomb scares.
Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a Class I felony.
History:  1977 c. 173; 2001 a. 109.
This section is not an included crime in s. 941.30, recklessly endangering safety. State v. Van Ark, 62 Wis. 2d 155, 215 N.W.2d 41 (1974).
Read with the requirement that only “true threats" can be prosecuted, this section does not violate the guarantee of free speech. State v. Robert T., 2008 WI App 22, 307 Wis. 2d 488, 746 N.W.2d 564, 06-2206.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.017 - Threats to release chemical, biological, or radioactive substances.

947.017
Threats to release chemical, biological, or radioactive substances.
(1)
In this section:
(a)
“Biological agent" means a microorganism or an infectious substance, or any naturally occurring, bioengineered, or synthesized toxin or component of a microorganism or an infectious substance that is capable of causing death, disease, or other biological malfunction in humans.
(b)
“Harmful substance" means radioactive material that is harmful to human life, a toxic chemical or its precursor, or a biological agent.
(c)
“Microorganism" includes a bacterium, virus, fungus, rickettsia, or protozoan.
(d)
“Precursor" means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical.
(e)
“Toxic chemical" means any chemical that through its chemical action on life processes can cause death, temporary incapacitation, or permanent harm to humans.
(2)
Whoever, knowing the threat to be false, intentionally threatens to release or disseminate a harmful substance, if the threat induces a reasonable expectation or fear that the person will release or disseminate a harmful substance, is guilty of a Class I felony.
History:  2003 a. 104.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.019 - Terrorist threats.

947.019
Terrorist threats.
(1)
Whoever, under any of the following circumstances, threatens to cause the death of or bodily harm to any person or to damage any person's property is guilty of a Class I felony:
(a)
The actor intends to prevent the occupation of or cause the evacuation of a building, dwelling, school premises, vehicle, facility of public transportation, or place of public assembly or any room within a building, dwelling, or school premises.
(b)
The actor intends to cause public inconvenience.
(c)
The actor intends to cause public panic or fear.
(d)
The actor intends to cause an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service.
(e)
The actor creates an unreasonable and substantial risk of causing a result described in par. (a), (b), (c), or (d) and is aware of that risk.
(2)
Any person who violates sub. (1) and thereby contributes to any individual's death is guilty of a Class G felony.
History:  2015 a. 311.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.02 - Vagrancy.

947.02
Vagrancy.
Any of the following are vagrants and are guilty of a Class C misdemeanor:
(1)
A person, with the physical ability to work, who is without lawful means of support and does not seek employment; or
(3)
A prostitute who loiters on the streets or in a place where intoxicating liquors are sold, or a person who, in public, solicits another to commit a crime against sexual morality; or
(4)
A person known to be a professional gambler or known as a frequenter of gambling places or who derives part of his or her support from begging or as a fortune teller or similar impostor.
History:  1977 c. 173; 1993 a. 486; 1999 a. 83.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.04 - Drinking in common carriers.

947.04
Drinking in common carriers.
(1)
Whoever while a passenger in a common carrier, publicly drinks intoxicants as a beverage or gives any other person intoxicants for that purpose under circumstances tending to provoke a disturbance, except in those portions of the common carrier in which intoxicants are specifically authorized by law to be sold or consumed, is guilty of a Class C misdemeanor.
(2)
The person in charge of a common carrier may take from any passenger found violating this section any intoxicant then in the possession of such passenger, giving the passenger a receipt therefor, and shall keep the intoxicant until the passenger's point of destination is reached. Thereupon, the person in charge of the common carrier shall either return the intoxicant to the passenger or turn it over to the station agent. At any time within 10 days after the intoxicant is turned over to the station agent, the passenger may recover the intoxicant by surrendering the receipt given the passenger at the time the intoxicant was taken from the passenger.
History:  1973 c. 198; 1977 c. 173; 1993 a. 486; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.06 - Unlawful assemblies and their suppression.

947.06
Unlawful assemblies and their suppression.
(1)
Sheriffs, their undersheriffs and deputies, constables, marshals and police officers have a duty to suppress unlawful assemblies within their jurisdiction. For that reason they may order all persons who are part of an assembly to disperse. An “unlawful assembly" is an assembly which consists of 3 or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed.
(2)
An “unlawful assembly" includes an assembly of persons who assemble for the purpose of blocking or obstructing the lawful use by any other person, or persons of any private or public thoroughfares, property or of any positions of access or exit to or from any private or public building, or dwelling place, or any portion thereof and which assembly does in fact so block or obstruct the lawful use by any other person, or persons of any such private or public thoroughfares, property or any position of access or exit to or from any private or public building, or dwelling place, or any portion thereof.
(3)
Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is guilty of a Class A misdemeanor.
(4)
Whoever causes, attempts to cause, or participates in an unlawful assembly upon any property of a public institution of higher education or upon any highway abutting on such property, is punishable under sub. (3) if he or she fails to withdraw from the assembly promptly upon issuance of an order to disperse, if such order is given in such manner that such person can reasonably be expected to hear or read such order.
(5)
Whoever, being employed in any capacity by or enrolled as a student in the institution, is convicted under subs. (1) to (4) may be sentenced additionally or alternatively to not to exceed 6 months suspension without pay from his or her employment by the institution if an employee, or suspension from enrollment in the institution if a student, or both if both an employee and a student. If the suspension is thus imposed, the institution shall not thereafter impose any other discipline upon the person for his or her connection with the unlawful assembly. Any period of suspension from employment by or enrollment in the institution already served shall be deducted by the court in imposing this sentence. Any period of imprisonment, whether or not the person is authorized under s. 303.08 to continue as an employee or student while imprisoned, shall count as a period of suspension from employment or enrollment or both hereunder.
History:  1977 c. 173; 1985 a. 135 s. 83 (5); 1989 a. 31; 1993 a. 486.
This section is constitutional. Cassidy v. Ceci, 320 F. Supp. 223 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 947 - Crimes against public peace, order and other interests. › 947.07 - Causing violence or breach of the peace by damaging or destroying a U.S. flag.

947.07
Causing violence or breach of the peace by damaging or destroying a U.S. flag.
(1)
In this section, “flag" means a flag of the United States consisting of horizontal stripes, alternately colored red and white, and a union of any number of white stars on a blue field.
(2)
Whoever destroys, damages, or mutilates a flag, or causes a flag to come into contact with urine, feces, or expectoration, with the intent to cause imminent violence or a breach of the peace under circumstances in which the actor knows that his or her conduct is likely to cause violence or a breach of the peace is guilty of a Class A misdemeanor.
History:  2003 a. 243.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.015 - Other offenses against children.

948.015
Other offenses against children.
In addition to the offenses under this chapter, offenses against children include, but are not limited to, the following:
(1)
Sections 103.21 to 103.31 and 103.64 to 103.82, relating to the employment of minors.
(2)
Section 118.13, relating to pupil discrimination.
(3)
Section 125.07, relating to furnishing alcohol beverages to underage persons.
(4)
Section 253.11, relating to infant blindness.
(5)
Section 254.12, relating to applying lead-bearing paints or selling or transferring a fixture or other object containing a lead-bearing paint.
(6)
Sections 961.01 (6) and (9) and 961.49, relating to delivering and distributing controlled substances or controlled substance analogs to children.
(7)
Section 444.09 (4), relating to boxing.
(8)
Section 961.573 (3) (b) 2., relating to the use or possession of methamphetamine-related drug paraphernalia in the presence of a child who is 14 years of age or younger.
(9)
A crime that involves an act of domestic abuse, as defined in s. 968.075 (1) (a), if the court includes in its reasoning under s. 973.017 (10m) for its sentencing decision the aggravating factor under s. 973.017 (6m).
(10)
Section 942.09 (4) (a), relating to solicitation of an intimate or private representation of a child.
(11)
Section 944.18 (2) (h), (i), (j), and (k), relating to sexual contact with an animal.
History:  1987 a. 332; 1989 a. 31; 1993 a. 27; 1995 a. 448; 2005 a. 263; 2011 a. 273; 2017 a. 11, 129; 2019 a. 162.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.04 - Causing mental harm to a child.

948.04
Causing mental harm to a child.
(1)
Whoever is exercising temporary or permanent control of a child and causes mental harm to that child by conduct which demonstrates substantial disregard for the mental well-being of the child is guilty of a Class F felony.
(2)
A person responsible for the child's welfare is guilty of a Class F felony if that person has knowledge that another person has caused, is causing or will cause mental harm to that child, is physically and emotionally capable of taking action which will prevent the harm, fails to take that action and the failure to act exposes the child to an unreasonable risk of mental harm by the other person or facilitates the mental harm to the child that is caused by the other person.
History:  1987 a. 332; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.05 - Sexual exploitation of a child.

948.05
Sexual exploitation of a child.
(1)
Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child may be penalized under sub. (2p):
(a)
Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct.
(b)
Records or displays in any way a child engaged in sexually explicit conduct.
(1m)
Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct may be penalized under sub. (2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
(2)
A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a) or (b) or (1m) may be penalized under sub. (2p).
(2p)
(a)
Except as provided in par. (b), a person who violates sub. (1), (1m), or (2) is guilty of a Class C felony.
(b)
A person who violates sub. (1), (1m), or (2) is guilty of a Class F felony if the person is under 18 years of age when the offense occurs.
(3)
It is an affirmative defense to prosecution for violation of sub. (1) (a) or (b) or (2) if the defendant had reasonable cause to believe that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
History:  1987 a. 332; 1999 a. 3; 2001 a. 16, 109; 2005 a. 433.
“Import" under sub. (1) (c) [now sub. (1m)] means bringing in from an external source and does not require a commercial element or exempt personal use. State v. Bruckner, 151 Wis. 2d 833, 447 N.W.2d 376 (Ct. App. 1989).
The purposes of this section, child exploitation, and s. 948.07, child enticement, are distinct, and two distinct crimes are envisioned by the statutes. Charging both for the same act was not multiplicitous. State v. DeRango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, 98-0642.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.051 - Trafficking of a child.

948.051
Trafficking of a child.
(1)
Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts, as defined in s. 940.302 (1) (a), is guilty of a Class C felony.
(2)
Whoever benefits in any manner from a violation of sub. (1) is guilty of a Class C felony if the person knows that the benefits come from an act described in sub. (1).
(3)
Any person who incurs an injury or death as a result of a violation of sub. (1) or (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.
History:  2007 a. 116; 2013 a. 362; 2015 a. 367.
Under the Radar: Human Trafficking in Wisconsin. Monaco-Wilcox & Mueller. Wis. Law. Oct. 2017.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.055 - Causing a child to view or listen to sexual activity.

948.055
Causing a child to view or listen to sexual activity.
(1)
Whoever intentionally causes a child who has not attained 18 years of age, or an individual who the actor believes or has reason to believe has not attained 18 years of age, to view or listen to sexually explicit conduct may be penalized as provided in sub. (2) if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child or individual.
(2)
Whoever violates sub. (1) is guilty of:
(a)
A Class F felony if any of the following applies:
1.
The child has not attained the age of 13 years.
2.
The actor believes or has reason to believe that the child has not attained the age of 13 years.
(b)
A Class H felony if any of the following applies:
1.
The child has attained the age of 13 years but has not attained the age of 18 years.
2.
The actor believes or has reason to believe that the child has attained the age of 13 years but has not attained the age of 18 years.
History:  1987 a. 334; 1989 a. 359; 1993 a. 218 ss. 6, 7; Stats. 1993 s. 948.055; 1995 a. 67; 2001 a. 109; 2011 a. 284.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.06 - Incest with a child.

948.06
Incest with a child.
Whoever does any of the following is guilty of a Class C felony:
(1)
Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin.
(1m)
Has sexual contact or sexual intercourse with a child if the actor is the child's stepparent.
(2)
Is a person responsible for the child's welfare and:
(a)
Has knowledge that another person who is related to the child by blood or adoption in a degree of kinship closer than 2nd cousin or who is a child's stepparent has had or intends to have sexual intercourse or sexual contact with the child;
(b)
Is physically and emotionally capable of taking action that will prevent the intercourse or contact from occurring or being repeated;
(c)
Fails to take that action; and
(d)
The failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.
History:  1987 a. 332; 1995 a. 69; 2001 a. 109; 2005 a. 277.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.08 - Soliciting a child for prostitution.

948.08
Soliciting a child for prostitution.
Whoever intentionally solicits or causes any child to engage in an act of prostitution or establishes any child in a place of prostitution is guilty of a Class D felony.
History:  1987 a. 332; 1995 a. 69; 2001 a. 109; 2007 a. 80.
Although colloquially referred to as prohibiting solicitation, this section also specifically, and alternatively, prohibits causing a child to practice prostitution. Cause is a substantial factor that need not be the first or sole cause of a child practicing prostitution. The habitual nature of the defendant's trading cocaine for sex with the child victim satisfied the requisite that the victim did “practice prostitution" with the defendant. State v. Payette, 2008 WI App 106, 313 Wis. 2d 39, 756 N.W.2d 423, 07-1192.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.081 - Patronizing a child.

948.081
Patronizing a child.
An actor who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation, or sexual contact with a person is guilty of a Class G felony if the person is a child. In a prosecution under this section, it need not be proven that the actor knew the age of the person and it is not a defense that the actor reasonably believed that the person was not a child.
History:  2017 a. 128.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.085 - Sexual assault of a child placed in substitute care.

948.085
Sexual assault of a child placed in substitute care.
Whoever does any of the following is guilty of a Class C felony:
(1)
Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent.
(2)
Has sexual contact or sexual intercourse with a child who is placed in any of the following facilities if the actor works or volunteers at the facility or is directly or indirectly responsible for managing it:
(a)
A shelter care facility licensed under s. 48.66 (1) (a).
(b)
A group home licensed under s. 48.625 or 48.66 (1).
(c)
A facility described in s. 940.295 (2) (m).
History:  2005 a. 277; 2007 a. 97; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.09 - Sexual intercourse with a child age 16 or older.

948.09
Sexual intercourse with a child age 16 or older.
Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor if the defendant has attained the age of 19 years when the violation occurs.
History:  1987 a. 332; 2017 a. 174.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.093 - Underage sexual activity.

948.093
Underage sexual activity.
Whoever has sexual contact with a child who has attained the age of 15 years but has not attained the age of 16 years, or whoever has sexual intercourse with a child who has attained the age of 15 years, is guilty of a Class A misdemeanor if the actor has not attained the age of 19 years when the violation occurs. This section does not apply if the actor is the child's spouse.
History:  2017 a. 174.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.095 - Sexual assault of a child by a school staff person or a person who works or volunteers with children.

948.095
Sexual assault of a child by a school staff person or a person who works or volunteers with children.
(1)
In this section:
(a)
“School" means a public or private elementary or secondary school, or a tribal school, as defined in s. 115.001 (15m).
(b)
“School staff" means any person who provides services to a school or a school board, including an employee of a school or a school board and a person who provides services to a school or a school board under a contract.
(2)
Whoever has sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant's spouse is guilty of a Class H felony if all of the following apply:
(a)
The child is enrolled as a student in a school or a school district.
(b)
The defendant is a member of the school staff of the school or school district in which the child is enrolled as a student.
(3)
(a)
A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person's spouse, and with whom the person works or interacts through that occupation or volunteer position.
(b)
Whoever violates par. (a) is guilty of a Class H felony.
(c)
Paragraph (a) does not apply to an offense to which sub. (2) applies.
(d)
Evidence that a person engages in an occupation or participates in a volunteer position relating to any of the following is prima facie evidence that the occupation or position requires him or her to work or interact directly with children:
1.
Teaching children.
2.
Child care.
3.
Youth counseling.
4.
Youth organization.
5.
Coaching children.
6.
Parks or playground recreation.
7.
School bus driving.
History:  1995 a. 456; 2001 a. 109; 2005 a. 274; 2007 a. 97; 2009 a. 302.
An “employee" and persons “under contract" are examples of persons included within the group of people that provide services to a school or school board within the definition of school staff under sub. (1) (b). These phrases are illustrative, and do not limit the definition of “a person who provides services." State v. Kaster, 2003 WI App 105, 264 Wis. 2d 751, 663 N.W.2d. 390, 02-2352 and 2006 WI App 72, 292 Wis. 2d 252, 714 N.W.2d 238, 05-1285.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.10 - Exposing genitals, pubic area, or intimate parts.

948.10
Exposing genitals, pubic area, or intimate parts.
(1)
Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals, pubic area, or intimate parts or exposes genitals, pubic area, or intimate parts to a child is guilty of the following:
(a)
Except as provided in par. (b), a Class I felony.
(b)
A Class A misdemeanor if any of the following applies:
1.
The actor is a child when the violation occurs.
2.
At the time of the violation, the actor had not attained the age of 19 years and was not more than 4 years older than the child.
(2)
Subsection (1) does not apply under any of the following circumstances:
(a)
The child is the defendant's spouse.
(b)
A mother's breast-feeding of her child.
History:  1987 a. 332; 1989 a. 31; 1995 a. 165; 2009 a. 202; 2013 a. 362.
Like other statutes in this chapter that create strict liability for crimes against children, this section can only be employed in situations involving face-to-face contact at the time of the crime and not to remote exposures such as over the Internet. This section lacks the scienter element of age of the victim that is necessary in a variable obscenity statute. State v. Stuckey, 2013 WI App 98, 349 Wis. 2d 654, 837 N.W.2d 160, 12-1776.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.14 - Registered sex offender and photographing minors.

948.14
Registered sex offender and photographing minors.
(1)
Definitions. In this section:
(a)
“Captures a representation" has the meaning given in s. 942.09 (1) (a).
(b)
“Minor" means an individual who is under 17 years of age.
(c)
“Representation" has the meaning giving in s. 942.09 (1) (c).
(d)
“Sex offender" means a person who is required to register under s. 301.45.
(2)
Prohibition.
(a)
A sex offender may not intentionally capture a representation of any minor without the written consent of the minor's parent, legal custodian, or guardian. The written consent required under this paragraph shall state that the person seeking the consent is required to register as a sex offender with the department of corrections.
(b)
Paragraph (a) does not apply to a sex offender who is capturing a representation of a minor if the sex offender is the minor's parent, legal custodian, or guardian.
(3)
Penalty. Whoever violates sub. (2) is guilty of a Class I felony.
NOTE:  The Court of Appeals in State v. Oatman, 2015 WI App 76, concluded that s. 948.14 is overbroad on its face and invalid in its entirety.
History:  2005 a. 432.
The structure of s. 942.09, with its separate subdivisions for capturing and possessing a representation, and the legislature's decision to import the definition of “captures a representation" from s. 942.09, along with legislative history indicating that the purpose of this section is to prohibit sex offenders from photographing, filming, or videotaping minors without parental consent, leads to the conclusion that “stores in any medium data that represents a visual image" as used in the definition of “captures a representation" in s. 942.09 does not include the mere possession of visual images. State v. Chagnon, 2015 WI App 66, 364 Wis. 2d 719, 870 N.W.2d 27, 14-2770.
2023 Wisconsin Statutes & Annotations › Chapter 948 - Crimes against children. › 948.20 - Abandonment of a child.

948.20
Abandonment of a child.
Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class G felony.
History:  1977 c. 173; 1987 a. 332 s. 35; Stats. 1987 s. 948.20; 2001 a. 109.