Chapter 939, CRIMES — GENERAL PROVISIONS

939.01 Name and interpretation. Chapters 939 to 951 may be referred to as the criminal code but shall not be interpreted as a unit. Crimes committed prior to July 1, 1956, are not affected by chs. 939 to 951. History: 1979 c. 89; 1987 a. 332 s. 64.

939.03 Jurisdiction of state over crime. (1) A person is subject to prosecution and punishment under the law of this state if any of the following applies: (a) The person commits a crime, any of the constituent elements of which takes place in this state. (b) While out of this st…

939.05 Parties to crime. (1) Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has not been convict…

939.10 Common law crimes abolished; common law rules preserved. Common law crimes are abolished. The common law rules of criminal law not in conflict with chs. 939 to 951 are preserved. History: 1979 c. 89; 1987 a. 332 s. 64; 2007 a. 97. The common law privilege to forcibly resis…

939.12 Crime defined. A crime is conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime.

939.14 Criminal conduct or contributory negligence of victim no defense. It is no defense to a prosecution for a crime that the victim also was guilty of a crime or was contributorily negligent. A jury instruction that a defrauded party had no duty to investigate fraudulent repre…

939.20 Provisions which apply only to chapters 939 to 951. Sections 939.22 to 939.25 apply only to crimes defined in chs. 939 to 951. Other sections in ch. 939 apply to crimes defined in other chapters of the statutes as well as to those defined in chs. 939 to 951. History: 1979 …

939.22 Words and phrases defined. In chs. 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01 for purposes of ch. 948: …

939.23 Criminal intent. (1) When criminal intent is an element of a crime in chs. 939 to 951, such intent is indicated by the term “intentionally”, the phrase “with intent to”, the phrase “with intent that”, or some form of the verbs “know” or “believe”. (2) “Know” requires only …

939.24 Criminal recklessness. (1) In this section, “criminal recklessness” means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk, except that for purposes of ss. 940.02 (1m), 940.…

939.25 Criminal negligence. (1) In this section, “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, except that for purposes of…

939.30 Solicitation. (1) Except as provided in sub. (2) and s. 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class H felony. (2) For a sol…

939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect…

939.32 Attempt. (1) GENERALLY. Whoever attempts to commit a felony or a crime specified in s. 940.60, 940.65, 943.20, or 943.74 or s. 940.19, 2023 stats., or s. 940.195, 2023 stats., may be fined or imprisoned or both as provided under sub. (1g), except: (a) Whoever attempts to c…

939.42 Intoxication. An intoxicated or a drugged condition of the actor is a defense only if such condition is involuntarily produced and does one of the following: (1) Renders the actor incapable of distinguishing between right and wrong in regard to the alleged criminal act at …

939.43 Mistake. (1) An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime. (2) A mistake as to the age of a minor or as to the existence or constitutionality of the section under wh…

939.44 Adequate provocation. (1) In this section: (a) “Adequate” means sufficient to cause complete lack of self-control in an ordinarily constituted person. (b) “Provocation” means something which the defendant reasonably believes the intended victim has done which causes the de…

939.45 Privilege. The fact that the actor’s conduct is privileged, although otherwise criminal, is a defense to prosecution for any crime based on that conduct. The defense of privilege can be claimed under any of the following circumstances: (1) When the actor’s conduct occurs u…

939.46 Coercion. (1) A threat by a person other than the actor’s coconspirator which causes the actor reasonably to believe that his or her act is the only means of preventing imminent death or great bodily harm to the actor or another and which causes him or her so to act is a d…

939.47 Necessity. Pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm to the actor or another and which causes him or her so to act, i…

939.48 Self-defense and defense of others. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person…

939.49 Defense of property and protection against retail theft. (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person’s prop…

939.50 Classification of felonies. (1) Felonies in the statutes are classified as follows: (a) Class A felony. (b) Class B felony. (c) Class C felony. (d) Class D felony. (e) Class E felony. (f) Class F felony. (g) Class G felony. (h) Class H felony. (i) Class I felony. (2) A fel…

939.51 Classification of misdemeanors. (1) Misdemeanors in chs. 939 to 951 are classified as follows: (a) Class A misdemeanor. (b) Class B misdemeanor. (c) Class C misdemeanor. (2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951. (3) Pena…

939.52 Classification of forfeitures. (1) Except as provided in ss. 946.86 and 946.87, forfeitures in chs. 939 to 951 are classified as follows: (a) Class A forfeiture. (b) Class B forfeiture. (c) Class C forfeiture. (d) Class D forfeiture. (e) Class E forfeiture. (2) A forfeitur…

939.60 Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor. History: 1977 c. 418 s. 924 (18) (e). When a statutory offense does not specify a place of confinement, a sentence of one year…

939.61 Penalty when none expressed. (1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200. (2) If a person is convicted of a misdemeanor under state law for wh…

939.615 Lifetime supervision of serious sex offenders. (1) DEFINITIONS. In this section: (a) “Department” means the department of corrections. (b) “Serious sex offense” means any of the following: 1. A violation, or the solicitation, conspiracy, or attempt to commit a violation, …

939.616 Mandatory minimum sentence for child sex offenses and child trafficking. (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2., the court may not make an extended supervision eligibility date d…

939.617 Minimum sentence for certain child sex offenses. (1) Except as provided in subs. (2) and (3), if a person is convicted of a violation of s. 948.05, 948.075, 948.12, or 948.125, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison…

939.6175 Minimum sentence for human trafficking. If a person is convicted of a violation of s. 940.302, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 10 years. Otherwise the pen…

939.618 Mandatory minimum sentence for repeat serious sex crimes. (1) In this section, “serious sex crime” means a violation of s. 940.225 (1) or (2). (2) (a) Except as provided in par. (b), if a person has one or more prior convictions for a serious sex crime and subsequently co…

939.619 Mandatory minimum sentence for repeat serious violent crimes. (1) In this section, “serious violent crime” means a violation of s. 940.02, 940.03, 940.05, 940.06, 940.09, 940.21, 940.305, 940.31, 940.60 (3) (b), 941.327 (2) (b) 2., 3., or 4., 943.02, 943.231 (1), 943.32 (…

939.6195 Mandatory minimum sentence for repeat firearm crimes. (1) In this section: (a) “Firearm violation” means any of the following: 1. A violation of s. 941.29 or 941.2905. 2. A commission of any crime specified under chs. 939 to 951 and 961 if the person uses a firearm in th…

939.62 Increased penalty for habitual criminality. (1) If the actor is a repeater, as that term is defined in sub. (2), and the present conviction is for any crime for which imprisonment may be imposed, except for an escape under s. 946.42 or a failure to report under s. 946.425,…

939.621 Increased penalty for certain domestic abuse offenses. (1) In this section, “domestic abuse repeater” means either of the following: (a) A person who commits, during the 72 hours immediately following an arrest for a domestic abuse incident as set forth in s. 968.075 (5),…

939.623 Increased penalty for elder person or adultat-risk victims. (1) In this section: (b) “Adult at risk” has the meaning given in s. 55.01 (1e). (c) “Elder person” means any individual who is 60 years of age or older. (2) If the crime victim is an elder person or an adult at …

939.63 Penalties; use of a dangerous weapon. (1) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows: (a) The maximum term of imprisonment for a…

939.632 Penalties; violent crime in a school zone. (1) In this section: (a) “School” means a public school, parochial or private school, or tribal school, as defined in s. 115.001 (15m), that provides an educational program for one or more grades between grades 1 and 12 and that …

939.635 Increased penalty for certain crimes against children committed by a child care provider. If a person commits a violation of s. 948.02, 948.025, or 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4. against a child for whom the person was providing child care for compensation,…

939.645 Penalty; crimes committed against certain people or property. (1) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2): (a) Commits a crime under chs. 939 to 948. (b) Intentionally selects the person against w…

939.65 Prosecution under more than one section permitted. Except as provided in s. 948.025 (3), if an act forms the basis for a crime punishable under more than one statutory provision, prosecution may proceed under any or all such provisions. History: 1993 a. 227. Due process do…

939.66 Conviction of included crime permitted. Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included crime, but not both. An included crime may be any of the following: (1) A crime which does not require proof of any fact in addition …

939.70 Presumption of innocence and burden of proof. No provision of chs. 939 to 951 shall be construed as changing the existing law with respect to presumption of innocence or burden of proof. History: 1979 c. 89; 1987 a. 332 s. 64.

939.71 Limitation on the number of convictions. If an act forms the basis for a crime punishable under more than one statutory provision of this state or under a statutory provision of this state and the laws of another jurisdiction, a conviction or acquittal on the merits under …

939.72 No conviction of both inchoate and completed crime. A person shall not be convicted under both: (1) Section 939.30 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or (2) Section 939.31 for conspiracy and s. 939.05 as a party…

939.73 Criminal penalty permitted only on conviction. A penalty for the commission of a crime may be imposed only after the actor has been duly convicted in a court of competent jurisdiction.

939.74 Time limitations on prosecutions. (1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of …

939.75 Death or harm to an unborn child. (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c), (cm), and (d), 940.10 (2), 940.23 (1) (b) and (2) (b), 940.24 (2), 940.25 (1…