946.41(3)
(3) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer's superior for any damages adjudged against either of them by reason thereof.
946.41 Annotation
The state must prove that the accused knew that the officer was acting in an official capacity and knew that the officer was acting with lawful authority when the accused allegedly resisted or obstructed the officer. State v. Lossman,
118 Wis. 2d 526,
348 N.W.2d 159 (1984).
946.41 Annotation
Knowingly providing false information with intent to mislead is obstruction as a matter of law. State v. Caldwell,
154 Wis. 2d 683,
454 N.W.2d 13 (Ct. App. 1990).
946.41 Annotation
No law allows officers to arrest for obstruction on a person's refusal to give his or her name. Mere silence is insufficient to constitute obstruction. Henes v. Morrissey,
194 Wis. 2d 339,
533 N.W.2d 802 (1995).
946.41 Annotation
Before a charge is made under this section, the prosecutor should have sound reasons for believing that statements made to the police were knowingly and intentionally made for the purpose of deceiving and misleading the police. False answers or statements that a defendant utters intending to exculpate himself or herself against a charge of a crime and to prevent prosecution are not subject to prosecution. State v. Espinosa, 2002 WI App 51,
250 Wis. 2d 804,
641 N.W.2d 484.
946.415
946.415
Failure to comply with officer's attempt to take person into custody. 946.415(2)
(2) Whoever intentionally does all of the following is guilty of a Class I felony:
Effective date note
NOTE: Sub. (2) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(2) Whoever intentionally does all of the following is guilty of a Class E felony:
946.415(2)(a)
(a) Refuses to comply with an officer's lawful attempt to take him or her into custody.
946.415(2)(b)
(b) Retreats or remains in a building or place and, through action or threat, attempts to prevent the officer from taking him or her into custody.
946.415(2)(c)
(c) While acting under
pars. (a) and
(b), remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless of whether he or she has a dangerous weapon.
946.415 History
History: 1995 a. 93;
2001 a. 109.
946.415 Annotation
This section delineates one crime: a suspect's armed, physical refusal to be taken into custody. It can be committed by action or threat, which are alternative ways of threatening an officer to avoid being taken into custody. A jury instruction requiring unanimity on which occurred is not required. State v. Koeppen, 2000 WI App 121,
237 Wis. 2d 418,
614 N.W.2d 530.
946.42(1)(a)
(a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in
s. 938.02 (15m), a secured child caring institution, as defined in
s. 938.02 (15g), a secured group home, as defined in
s. 938.02 (15p), a secure detention facility, as defined in
s. 938.02 (16), a Type 2 child caring institution, as defined in
s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under
s. 48.366,
938.183,
938.34 (4d),
(4h) or
(4m) or
938.357 (4) or
(5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under
s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under
s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under
ch. 938 unless the person is in actual custody or is subject to a confinement order under
s. 973.09 (4).
946.42(1)(b)
(b) "Escape" means to leave in any manner without lawful permission or authority.
946.42(1)(c)
(c) "Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a juvenile into custody under
s. 938.19.
946.42(2)
(2) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class A misdemeanor:
946.42(2)(a)
(a) Pursuant to a legal arrest for or lawfully charged with or convicted of a violation of a statutory traffic regulation, a statutory offense for which the penalty is a forfeiture or a municipal ordinance.
946.42(2)(b)
(b) Lawfully taken into custody under
s. 938.19 for a violation of or lawfully alleged or adjudged under
ch. 938 to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.
946.42(2)(c)
(c) Pursuant to a civil arrest or body execution.
946.42(3)
(3) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class H felony:
Effective date note
NOTE: Sub. (3) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(3) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class D felony:
946.42(3)(a)
(a) Pursuant to a legal arrest for, lawfully charged with or convicted of or sentenced for a crime.
946.42(3)(b)
(b) Lawfully taken into custody under
s. 938.19 for or lawfully alleged or adjudged under
ch. 938 to be delinquent on the basis of a violation of a criminal law.
946.42(3)(e)
(e) In custody under the circumstances described in
sub. (2) and leaves the state to avoid apprehension. Leaving the state and failing to return is prima facie evidence of intent to avoid apprehension.
946.42(3)(f)
(f) Pursuant to a legal arrest as a fugitive from justice in another state.
946.42(3)(g)
(g) Committed to the department of health and family services under
ch. 971 or
975.
946.42(4)(a)(a) Except as provided in
par. (b), a court shall impose a sentence under this section consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when he or she escaped.
946.42(4)(b)
(b) If the person escaped while serving a sentence to the intensive sanctions program, a court may impose a sentence under this section concurrent to the sentence to the intensive sanctions program.
946.42 History
History: 1971 c. 164 s.
89;
1975 c. 39;
1977 c. 173,
312,
354,
418;
1985 a. 320;
1987 a. 27,
238,
352;
1987 a. 403 ss.
238,
239,
256;
1989 a. 31;
1993 a. 16,
377,
385,
491;
1995 a. 27 ss.
7233m,
7233p,
9126 (19);
1995 a. 77,
154,
352,
390;
1997 a. 35,
283;
1999 a. 9;
2001 a. 109.
946.42 Annotation
There is no denial of equal protection in the punishment under sub. (3) (d) [now (3) (g)] of persons committed under the sex crimes law when persons civilly committed are not subject to the same statute. State v. Neutz,
69 Wis. 2d 292,
230 N.W.2d 806 (1975).
946.42 Annotation
A defendant's escape under the work-release statute was an escape under s. 946.42 (3). Brown v. State,
73 Wis. 2d 703,
245 N.W.2d 670 (1976).
946.42 Annotation
Because an individual committed under ch. 975 has not been sentenced within the meaning of sub. (4), a sentence for an escape from commitment custody need not be served consecutive to the commitment. State v. Hungerford,
76 Wis. 2d 171,
251 N.W.2d 9 (1977).
946.42 Annotation
The sentence for an escape conviction may be consecutive to a sex crime commitment. State v. Kruse,
101 Wis. 2d 387,
305 N.W.2d 85 (1981).
946.42 Annotation
It is not necessary to leave the physical boundaries of an institution to complete an act of escape. State v. Sugden,
143 Wis. 2d 728,
422 N.W.2d 624 (1988).
946.42 Annotation
Under sub. (5) (b) [now sub. (1) (a)], an individual is "in custody" once freedom of movement is restricted; one lawfully arrested may not leave without permission. State v. Adams,
152 Wis. 2d 68,
447 N.W.2d 90 (Ct. App. 1989).
946.42 Annotation
A person can be "in custody" without being under "legal arrest," but a person cannot be under "legal arrest" without being "in custody." State v. Hoffman,
163 Wis. 2d 752,
472 N.W.2d 558 (Ct. App. 1991).
946.42 Annotation
A traffic regulation under sub. (2) (a) does not include any offense punishable as a crime. State v. Beasley,
165 Wis. 2d 97,
477 N.W.2d 57 (Ct. App. 1991).
946.42 Annotation
Upon conviction of a crime, a person is in custody regardless of physical control. Leaving without the court's granting release is escape. State v. Scott,
191 Wis. 2d 146,
528 N.W.2d 46 (Ct. App. 1995).
946.42 Annotation
As used in sub. (1) (a), "medical care" includes treatment at drug and alcohol rehabilitation centers. State v. Sevelin,
204 Wis. 2d 127,
554 N.W.2d 521 (Ct. App. 1996).
946.42 Annotation
Failure to return to jail while on work release from incarceration for failure to pay a municipal forfeiture is escape under this section. State v. Smith,
214 Wis. 2d 540,
571 N.W.2d 472 (Ct. App. 1997).
946.425
946.425
Failure to report to jail. 946.425(1)
(1) Any person who is subject to a series of periods of imprisonment under
s. 973.03 (5) (b) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(1) Any person who is subject to a series of periods of imprisonment under s. 973.03 (5) (b) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D felony.
946.425(1m)(a)(a) Any person who receives a stay of execution of a sentence of imprisonment of less than 10 days to a county jail under
s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class A misdemeanor.
946.425(1m)(b)
(b) Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under
s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H 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) Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D felony.
946.425(1r)(a)(a) Any person who is subject to a confinement order under
s. 973.09 (4) as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.
946.425(1r)(b)
(b) Any person who is subject to a confinement order under
s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class H 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) Any person who is subject to a confinement order under s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class D felony.
946.425(2)
(2) A court shall impose a sentence under this section consecutive to any sentence previously imposed or that may be imposed for any crime or offense for which the person was sentenced under
s. 973.03 (5) (b) or
973.15 (8) (a), consecutive to any sentence that may apply to the person under
s. 973.10 (2) or consecutive to any confinement order under
s. 973.09 (4) previously issued by a court regarding the person.
946.425(3)
(3) A prosecutor may not charge a person with violating both
subs. (1) and
(1m) regarding the same incident or occurrence.
946.425 Annotation
Custody under sub. (1) (a) does not include the custody of a parole or probation officer. State v. Zimmerman, 2001 WI App 238,
248 Wis. 2d 370,
635 N.W.2d 864.
946.43
946.43
Assaults by prisoners. 946.43(1m)
(1m) Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class F felony:
Effective date note
NOTE: Sub. (1m) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(1m) Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class C felony:
946.43(1m)(a)
(a) Places an officer, employee, visitor or another inmate of such prison or institution in apprehension of an immediate battery likely to cause death or great bodily harm; or
946.43(1m)(b)
(b) Confines or restrains an officer, employee, visitor or another inmate of such prison or institution without the person's consent.
946.43(2m)(a)(a) Any prisoner confined to a state prison or other state, county or municipal detention facility who throws or expels blood, semen, vomit, saliva, urine, feces or other bodily substance at or toward an officer, employee or visitor of the prison or facility or another prisoner of the prison or facility under all of the following circumstances is guilty of a Class I felony:
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) Any prisoner confined to a state prison or other state, county or municipal detention facility who throws or expels blood, semen, vomit, saliva, urine, feces or other bodily substance at or toward an officer, employee or visitor of the prison or facility or another prisoner of the prison or facility under all of the following circumstances may be fined not more than $10,000 or imprisoned for not more than 2 years or both:
946.43(2m)(a)1.
1. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent that it come into contact with the officer, employee, visitor or other prisoner.
946.43(2m)(a)2.
2. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent either to cause bodily harm to the officer, employee, visitor or other prisoner or to abuse, harass, offend, intimidate or frighten the officer, employee, visitor or other prisoner.
946.43(2m)(a)3.
3. The officer, employee, visitor or other prisoner does not consent to the blood, semen, vomit, saliva, urine, feces or other bodily substance being thrown or expelled at or toward him or her.
946.43(2m)(b)
(b) A court shall impose a sentence for a violation of
par. (a) consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when he or she committed the violation of
par. (a).
946.44
946.44
Assisting or permitting escape. 946.44(1)
(1) Whoever does the following is guilty of a Class H felony:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
