LRB-3906/1
PJH:klm
2015 - 2016 LEGISLATURE
January 11, 2016 - Introduced by Representatives Schraa, Horlacher, E. Brooks,
Tittl, Skowronski, A. Ott, Spiros and Hintz, cosponsored by Senators Gudex,
Wanggaard and Marklein. Referred to Committee on Criminal Justice and
Public Safety.
AB671,1,2
1An Act to create 939.642 of the statutes;
relating to: using a drone to commit
2a crime and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill creates a penalty enhancer for a crime if the offender uses a drone to
commit the crime.
Under the bill, if a person uses a drone to commit a violation of the criminal code
or commits a criminal offense related to a controlled substance, the person is subject
to an increased penalty for the underlying crime. Under the bill, if the underlying
offense is a misdemeanor but not a Class A misdemeanor, the person is subject to a
maximum fine of $10,000, and a maximum term of imprisonment of one year in the
county jail.
If the underlying crime is a Class A misdemeanor, the person who uses a drone
to commit that crime is guilty of a felony and subject to a $10,000 fine and up to two
years in prison. If the underlying crime is a felony, the maximum fine for the crime
is increased by up to $5,000 and the maximum term of imprisonment for the crime
is increased by up to five years.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB671,1
1Section
1. 939.642 of the statutes is created to read:
AB671,2,4
2939.642 Penalty; using a drone to commit a crime. (1) If a person does
3all of the following, the penalties for the underlying crime are increased as provided
4in sub. (2):
AB671,2,55
(a) Commits a crime under chs. 939 to 948 or ch. 961.
AB671,2,76
(b) Uses a drone, as defined in s. 175.55 (1) (a), to commit the crime under par.
7(a).
AB671,2,10
8(2) (a) If the crime committed under sub. (1) is ordinarily a misdemeanor other
9than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised
10maximum term of imprisonment is one year in the county jail.
AB671,2,1411
(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor,
12the penalty increase under this section changes the status of the crime to a felony and
13the revised maximum fine is $10,000 and the revised maximum term of
14imprisonment is 2 years.
AB671,2,1815
(c) If the crime committed under sub. (1) is a felony, the maximum fine
16prescribed by law for the crime may be increased by not more than $5,000 and the
17maximum term of imprisonment prescribed by law for the crime may be increased
18by not more than 5 years.
AB671,2,21
19(3) This section provides for the enhancement of the penalties applicable for
20the underlying crime. The court shall direct that the trier of fact find a special verdict
21as to all of the issues specified in sub. (1).
AB671,2,23
22(4) This section does not apply to any crime if proof of using or operating a drone
23is required for a conviction for that crime.
