943.75(4)
(4) When the existence of an exception under
sub. (3) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under
sub. (2) or
(2m).
943.76
943.76
Infecting animals with a contagious disease. 943.76(1)(a)
(a) "Livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in
s. 95.001 (1) (a) [
s. 95.001 (1) (ag)], poultry, and other animals used or to be used in the production of food, fiber, or other commercial products.
943.76 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
943.76(1)(c)
(c) "Reckless conduct" means conduct which creates a substantial risk of an animal's death or a substantial risk of bodily harm to an animal if the actor is aware of that risk.
943.76(2)(a)(a) Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class F felony.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) Whoever intentionally introduces a contagious or infectious disease into livestock without the consent of the owner of the livestock is guilty of a Class C felony.
943.76(2)(b)
(b) Whoever intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class F felony.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Whoever intentionally introduces a contagious or infectious disease into wild deer without the consent of the department of natural resources is guilty of a Class C felony.
943.76(3)(a)(a) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into livestock without the consent of the owner of the livestock is guilty of a Class A misdemeanor.
943.76(3)(b)
(b) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into wild deer without the consent of the department of natural resources is guilty of a Class A misdemeanor.
943.76(3)(c)
(c) This subsection does not apply if the actor's conduct is undertaken pursuant to a directive issued by the department of agriculture, trade and consumer protection or an agreement between the actor and the department of agriculture, trade and consumer protection, if the purpose of the directive or the agreement is to prevent or control the spread of the disease.
943.76(4)(a)(a) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class H felony if one of the following applies:
Effective date note
NOTE: Par. (a) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class D felony if one of the following applies:
943.76(4)(a)1.
1. The owner of the livestock is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.
943.76(4)(a)2.
2. The owner of the livestock is unaware of the threat, but if the owner were apprised of the threat, it would be reasonable for the owner to believe that the actor would attempt to carry out the threat.
943.76(4)(b)
(b) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class H felony if one of the following applies:
Effective date note
NOTE: Par. (b) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class D felony if one of the following applies:
943.76(4)(b)1.
1. The department of natural resources is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.
943.76(4)(b)2.
2. The department of natural resources is unaware of the threat, but if the department were apprised of the threat, it would be reasonable for the department to believe that the actor would attempt to carry out the threat.
943.76 History
History: 2001 a. 16,
109.
