2007 - 2008 LEGISLATURE
November 15, 2007 - Introduced by Senators Kapanke, Hansen, Olsen, Roessler
and Schultz, cosponsored by Representatives Montgomery, Van Roy, Zepnick,
Berceau, Musser, Owens, Nerison, Hraychuck, A. Ott, Cullen and Soletski.
Referred to Committee on Judiciary, Corrections, and Housing.
1An Act to amend
939.63 (1) (intro.), 940.225 (1) (b), 941.2965 (2), 943.32 (2) and 2
946.415 (2) (c) of the statutes; relating to: use of a facsimile firearm and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits certain crimes by using or
threatening to use a dangerous weapon or an article used or fashioned in a manner
that the victim believes is a dangerous weapon is subject to greater penalties than
he or she would be if he or she committed the crime without using a dangerous
Under this bill, a person is subject to the same penalties as he or she would be
under current law for using a dangerous weapon if the person commits a crime using
a facsimile firearm. A "facsimile firearm" is 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.
Current law also prohibits a person from carrying or displaying a facsimile
firearm in a way that would alarm, intimidate, threaten, or terrify another person.
Anyone who does so is subject to a Class C forfeiture and may be required to pay a
forfeiture not to exceed $500.
This bill increases that penalty to a Class A misdemeanor and a person who
violates the provision may be fined up to $10,000, imprisoned for up to nine months,
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB323, s. 1
939.63 (1) (intro.) of the statutes is amended to read:
(intro.) If a person commits a crime while possessing, using or 3
threatening to use a dangerous weapon or a facsimile firearm
, the maximum term 4
of imprisonment prescribed by law for that crime may be increased as follows:
SB323, s. 2
940.225 (1) (b) of the statutes is amended to read:
(b) Has sexual contact or sexual intercourse with another person 7
without consent of that person by use or threat of use of a dangerous weapon, a
or any other
article used or fashioned in a manner to lead the 9
victim reasonably to believe it to be a dangerous weapon.
SB323, s. 3
941.2965 (2) of the statutes is amended to read:
No person may carry or display a facsimile firearm in a manner 12
that could reasonably be expected to alarm, intimidate, threaten or terrify another 13
person. Whoever violates this section is subject to a Class C forfeiture guilty of a
14Class A misdemeanor
SB323, s. 4
943.32 (2) of the statutes is amended to read:
Whoever violates sub. (1) by use or threat of use of a dangerous 17
weapon, a device or container described under s. 941.26 (4) (a), a facsimile firearm, 18
or any other
article used or fashioned in a manner to lead the victim reasonably to 19
believe that it is a dangerous weapon or such a device or container is guilty of a Class 20
SB323, s. 5
946.415 (2) (c) of the statutes is amended to read:
(c) While acting under pars. (a) and (b), remains or becomes armed 2
with a dangerous weapon or a facsimile firearm
or threatens to use a dangerous 3
weapon regardless of whether he or she has a dangerous weapon.