939.632(2)(b) (b) If the violent crime is a misdemeanor, the maximum period of imprisonment is increased by 3 months and the place of imprisonment is the county jail.
939.632(3) (3)
939.632(3)(a)(a) In addition to any other penalties that may apply to the crime under sub. (2), the court may require the person to complete 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order. Any organization or agency acting in good faith to which a defendant is assigned under an order under this paragraph has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
939.632(3)(b) (b) The court shall not impose the requirement under par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.
939.632(4) (4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).
939.632 History History: 1995 a. 22.
939.635 939.635 Penalties; assault or battery in secured juvenile facilities or to aftercare agent.
939.635(1) (1) Except as provided in sub. (2), if a person who has been adjudicated delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in sub. (2), if a person is convicted of violating s. 946.43 (1m) while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.
939.635(2) (2) Notwithstanding sub. (1), a court may place a person who is subject to sub. (1) on probation or impose on that person a sentence that is less than the applicable presumptive minimum sentence specified in sub. (1) only if the court makes all of the following findings of fact and places on the record its reasons for imposing probation or that lesser sentence:
939.635(2)(a) (a) That placing the person on probation or imposing a lesser sentence would not depreciate the seriousness of the offense.
939.635(2)(b) (b) That imposing the applicable presumptive minimum sentence specified in sub. (1) is not necessary to deter the person or other persons from committing violations of s. 940.20 (1) or 946.43 (1m) or other similar offenses while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s. 938.02 (16), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or from committing violations of s. 940.20 (2m).
939.635 History History: 1993 a. 98; 1995 a. 77, 216; 1999 a. 9, 186, 188.
939.635 Annotation This section does not violate a defendant's right of equal protection. State v. Martin, 191 Wis. 2d 647, 530 N.W.2d 420 (Ct. App. 1995).
939.64 939.64 Penalties; use of bulletproof garment.
939.64(1) (1) In this section, "bulletproof garment" means a vest or other garment designed, redesigned or adapted to prevent bullets from penetrating through the garment.
939.64(2) (2) If a person commits a felony while wearing a bulletproof garment, the maximum term of imprisonment prescribed by law for that crime may be increased by 10 years.
939.64 History History: 1983 a. 478; 1995 a. 340.
939.641 939.641 Penalty; concealing identity. If a person commits a crime while his or her usual appearance has been concealed, disguised or altered, with intent to make it less likely that he or she will be identified with the crime, the penalties may be increased as follows:
939.641(1) (1) In case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $10,000 and the maximum term of imprisonment prescribed by law for the crime may be increased so that the revised maximum term of imprisonment is one year in the county jail.
939.641(2) (2) In case of a felony, the maximum fine prescribed by law for the crime may be increased by not more than $10,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
939.641 History History: 1977 c. 173; 1985 a. 104 s. 2.
939.645 939.645 Penalty; crimes committed against certain people or property.
939.645(1)(1) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):
939.645(1)(a) (a) Commits a crime under chs. 939 to 948.
939.645(1)(b) (b) Intentionally selects the person against whom the crime under par. (a) is committed or selects the property that is damaged or otherwise affected by the crime under par. (a) in whole or in part because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor's belief or perception was correct.
939.645(2) (2)
939.645(2)(a)(a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period of imprisonment is one year in the county jail.
939.645(2)(b) (b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period of imprisonment is 2 years.
939.645(2)(c) (c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
939.645(3) (3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (1).
939.645(4) (4) This section does not apply to any crime if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person's perception or belief regarding another's race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that crime.
939.645 History History: 1987 a. 348; 1991 a. 291.
939.645 Annotation The "hate crimes" law, s. 939.645, does not unconstitutionally infringe upon free speech. State v. Mitchell, 508 U.S. 476, 124 LEd 2d 436 (1993); 178 Wis. 2d 597, 504 N.W.2d 610 (1993).
939.645 Annotation Hate Crimes: New Limits on the Scope of the 1st Amendment. Resler. 77 MLR 415 (1993).
939.645 Annotation Talking about Hate Speech: A Rhetorical Analysis of American and Canadian Regulation of Hate Speech. Moran. 1994 WLR 1425.
939.645 Annotation Hate Crimes. Kassel. Wis. Law. Oct. 1992.
939.646 939.646 Penalty; crimes committed using information obtained from the sex offender registry. If a person commits a crime using information that was disclosed to him or her under s. 301.46, the penalties may be increased as follows:
939.646(1) (1) In case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 6 months. This subsection does not change the status of the crime from a misdemeanor to a felony.
939.646(2) (2) In case of a felony, the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
939.646 History History: 1995 a. 440.
939.647 939.647 Increased penalty; violent felony committed against elder person.
939.647(1) (1) In this section:
939.647(1)(a) (a) "Elder person" means any individual who is 62 years of age or older.
939.647(1)(b) (b) "Violent felony" means any felony under s. 940.19 (2), (3), (4), (5) or (6), 940.225 (1), (2) or (3), 940.23 or 943.32.
939.647(2) (2) If a person commits a violent felony and the victim of the violent felony is an elder person, the maximum period of imprisonment is increased by 5 years.
939.647(3) (3)Subsection (2) applies even if the person mistakenly believed that the victim had not attained the age of 62 years.
939.647(4) (4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).
939.647 History History: 1997 a. 266.
939.648 939.648 Penalty; terrorism.
939.648(1)(1) In this section, "governmental unit" means the United States; the state; any county, city, village or town; or any political subdivision, department, division, board or agency of the United States, the state or any county, city, village or town.
939.648(2) (2) If a person does all of the following, the penalties for the underlying felony are increased as provided in sub. (3):
939.648(2)(a) (a) Commits a felony under chs. 939 to 951.
939.648(2)(b) (b) Commits the felony under any of the following circumstances:
939.648(2)(b)1. 1. The person causes bodily harm, great bodily harm or death to another.
939.648(2)(b)2. 2. The person causes damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For the purposes of this subdivision, property is reduced in value by the amount that it would cost either to repair or replace it, whichever is less.
939.648(2)(b)3. 3. The person uses force or violence or the threat of force or violence.
939.648(2)(c) (c) Commits the felony with the intent to influence the policy of a governmental unit or to punish a governmental unit for a prior policy decision.
939.648(3) (3) The maximum fine prescribed by law for the felony may be increased by not more than $50,000 and the maximum period of imprisonment prescribed by law for the felony may be increased by not more than 10 years.
939.648(4) (4) This section provides for the enhancement of the penalties applicable for the underlying felony. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).
939.648(5) (5)
939.648(5)(a)(a) In this subsection, "labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
939.648(5)(b) (b) This section does not apply to conduct arising out of or in connection with a labor dispute.
939.648 History History: 1993 a. 98.
RIGHTS OF THE PROSECUTION.
939.65 939.65 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.
939.65 History History: 1993 a. 227.
939.65 Annotation Due process does not require that a person know with certainty which crime, among several, the person is committing, at least until the prosecution exercises its charging discretion. Harris v. State, 78 Wis. 2d 357, 254 N.W.2d 291.
939.66 939.66 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:
939.66(1) (1) A crime which does not require proof of any fact in addition to those which must be proved for the crime charged.
939.66(2) (2) A crime which is a less serious type of criminal homicide than the one charged.
939.66(2m) (2m) A crime which is a less serious or equally serious type of battery than the one charged.
939.66(2r) (2r) A crime which is a less serious type of violation under s. 943.23 than the one charged.
939.66(3) (3) A crime which is the same as the crime charged except that it requires recklessness or negligence while the crime charged requires a criminal intent.
939.66(4) (4) An attempt in violation of s. 939.32 to commit the crime charged.
939.66(4m) (4m) A crime of failure to timely pay child support under s. 948.22 (3) when the crime charged is failure to pay child support for more than 120 days under s. 948.22 (2).
939.66(5) (5) The crime of attempted battery when the crime charged is sexual assault, sexual assault of a child, robbery, mayhem or aggravated battery or an attempt to commit any of them.
939.66(6) (6) A crime specified in s. 940.285 (2) (b) 4. or 5. when the crime charged is specified in s. 940.19 (2) to (6), 940.225 (1), (2) or (3) or 940.30.
939.66(6c) (6c) A crime that is a less serious type of violation under s. 940.285 than the one charged.
939.66(6e) (6e) A crime that is a less serious type of violation under s. 940.295 than the one charged.
939.66(7) (7) The crime specified in s. 940.11 (2) when the crime charged is specified in s. 940.11 (1).
939.66 Annotation The controlling principles as to when a lesser included offense charge should be given are discussed. State v. Melvin, 49 Wis. 2d 246, 181 N.W.2d 490.
939.66 Annotation Attempted battery can only be an included crime as to the specific offenses listed. State v. Melvin, 49 Wis. 2d 246, 181 N.W.2d 490.
939.66 Annotation A charge of possession of a pistol by a minor is not an included crime in a charge of attempted first degree murder because it includes the element of minority that the greater crime does not. State v. Melvin, 49 Wis. 2d 246, 181 N.W.2d 490.
939.66 Annotation Disorderly conduct is not a lesser included offense of criminal damage to property. State v. Chacon, 50 Wis. 2d 73, 183 N.W.2d 84.
939.66 Annotation While attempted aggravated battery is not an included crime of aggravated battery under sub. (1), it is under sub. (4). The reduced charge does not put the defendant in double jeopardy. Dunn v. State, 55 Wis. 2d 192, 197 N.W.2d 749.
939.66 Annotation Under sub. (1), the emphasis is on the proof, not the pleading, and the "stricken word test" stated in Eastway v. State, 189 W 56, is not incorporated in the statute. Martin v. State, 57 Wis. 2d 499, 204 N.W.2d 499.
939.66 Annotation Section 947.015, bomb scares, 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.
939.66 Annotation Where the evidence overwhelmingly showed that a shooting was intentional, failure to include negligent homicide under ss. 940.06 and 940.08 as lesser included offenses was not error. Hayzes v. State, 64 Wis. 2d 189, 218 N.W.2d 717.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?