Feed for /1995/statutes/statutes/941 PDF
941.35 Emergency telephone calls.
941.36 Fraudulent tapping of electric wires or gas or water meters or pipes.
941.37 Obstructing emergency or rescue personnel.
941.38 Criminal gang member solicitation and contact.
VEHICLES.
941.01 941.01 Negligent operation of vehicle.
941.01(1) (1) Whoever endangers another's safety by a high degree of negligence in the operation of a vehicle, not upon a highway as defined in s. 340.01, is guilty of a Class A misdemeanor.
941.01(2) (2) Upon conviction under sub. (1), no revocation or suspension of an operator's license may follow.
941.01 History History: 1977 c. 173; 1987 a. 399.
FIRE.
941.10 941.10 Negligent handling of burning material.
941.10(1)(1) Whoever handles burning material in a highly negligent manner is guilty of a Class A misdemeanor.
941.10(2) (2) Burning material is handled in a highly negligent manner if handled with criminal negligence under s. 939.25 or under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another's property is created.
941.10 History History: 1977 c. 173; 1987 a. 399.
941.11 941.11 Unsafe burning of buildings. Whoever does either of the following is guilty of a Class D felony:
941.11(1) (1) Intentionally burns his or her own building under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to another's property; or
941.11(2) (2) Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a 3rd person's property.
941.11 History History: 1977 c. 173; 1993 a. 486; 1995 a. 417.
941.12 941.12 Interfering with fire fighting.
941.12(1) (1) Whoever intentionally interferes with the proper functioning of a fire alarm system or the lawful efforts of fire fighters to extinguish a fire is guilty of a Class E felony.
941.12(2) (2) Whoever interferes with, tampers with or removes, without authorization, any fire extinguisher, fire hose or any other fire fighting equipment, is guilty of a Class A misdemeanor.
941.12(3) (3) Whoever interferes with accessibility to a fire hydrant by piling or dumping material near it without first obtaining permission from the appropriate municipal authority is guilty of a Class C misdemeanor. Every day during which the interference continues constitutes a separate offense.
941.12 History History: 1977 c. 173.
941.13 941.13 False alarms. Whoever intentionally gives a false alarm to any public officer or employe, whether by means of a fire alarm system or otherwise, is guilty of a Class A misdemeanor.
941.13 History History: 1977 c. 173.
WEAPONS.
941.20 941.20 Endangering safety by use of dangerous weapon.
941.20(1)(1) Whoever does any of the following is guilty of a Class A misdemeanor:
941.20(1)(a) (a) Endangers another's safety by the negligent operation or handling of a dangerous weapon; or
941.20(1)(b) (b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant; or
941.20(1)(c) (c) Intentionally points a firearm at or toward another.
941.20(1)(d) (d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph includes any house trailer or mobile home but does not include any tent, bus, truck, vehicle or similar portable unit.
941.20(2) (2) Whoever does any of the following is guilty of a Class E felony:
941.20(2)(a) (a) Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or
941.20(2)(b) (b) Sets a spring gun.
941.20(3) (3)
941.20(3)(a)(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class C felony:
941.20(3)(a)1. 1. The person discharges the firearm at or toward another.
941.20(3)(a)2. 2. The person discharges the firearm at or toward any building or other vehicle.
941.20(3)(b)1.1. Paragraph (a) does not apply to any of the following who, in the line of duty, discharges a firearm from a vehicle:
941.20(3)(b)1.a. a. A peace officer.
941.20(3)(b)1.b. b. A member of the U.S. armed forces.
941.20(3)(b)1.c. c. A member of the national guard.
941.20(3)(b)2. 2. Paragraph (a) does not apply to the holder of a permit under s. 29.09 (9) (c) who is hunting from a standing vehicle, as defined in s. 29.09 (9) (a) 4., in accordance with s. 29.09 (9).
941.20(3)(c) (c) The state does not have to negate any exception under par. (b). Any party that claims that an exception under par. (b) is applicable has the burden of proving the exception by a preponderance of the evidence.
941.20(3)(d) (d) The driver of the vehicle may be charged and convicted for a violation of par. (a) according to the criteria under s. 939.05.
941.20(3)(e) (e) A person under par. (a) has a defense of privilege of self-defense or defense of others in accordance with s. 939.48.
941.20 History History: 1977 c. 173; 1987 a. 399; 1989 a. 131; 1993 a. 94, 486.
941.20 Note Judicial Council Note, 1988: The mental element of the offense under sub. (1) (a) is changed from reckless conduct to criminal negligence. See s. 939.25. If the defendant acts recklessly, the conduct is prohibited by s. 941.30. [Bill 191-S]
941.20 Annotation Pointing a firearm is not a lesser included offense of armed robbery and a defendant can be convicted of both. State v. Smith, 55 W (2d) 304, 198 NW (2d) 630.
941.20 Annotation See note to 939.66, citing State v. Carrington, 134 W (2d) 260, 397 NW (2d) 484 (1986).
941.20 Annotation Court's jury instruction that shooting "into" a building under sub. (2) (a) occurs when a bullet penetrates the building however slightly, conformed with the common usage of the word and was not improper. State v. Grady, 175 W (2d) 553, 499 NW (2d) 285 (Ct. App. 1993).
941.20 Annotation Police officers do not have an absolute right to point their weapons, but privilege may be asserted as an affirmative defense. State v. Trentadue, 180 W (2d) 670, 510 NW (2d) 727 (Ct. App. 1993).
941.21 941.21 Disarming a peace officer. Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under s. 941.26 (1) (b) or (4) (a) from the officer without his or her consent is guilty of a Class E felony. This section applies to any dangerous weapon or any device or container described under s. 941.26 (1) (b) or (4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.
941.21 History History: 1983 a. 262; 1993 a. 98; 1995 a. 339.
941.23 941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.
941.23 History History: 1977 c. 173; 1979 c. 115, 221.
941.23 Annotation The burden is on the defendant to prove that he is a peace officer so as to come within the exception. State v. Williamson, 58 W (2d) 514, 206 NW (2d) 613.
941.23 Annotation Totality of circumstances justified search for concealed weapon. Penister v. State, 74 W (2d) 94, 246 NW (2d) 115.
941.23 Annotation Defendant was properly convicted under this section for driving vehicle with gun locked in glove compartment. State v. Fry, 131 W (2d) 153, 388 NW (2d) 565 (1986).
941.23 Annotation To "go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: 1) a dangerous weapon is on the defendant's person or within reach; 2) the defendant is aware of the weapon's presence; 3) the weapon is hidden. State v. Keith, 175 W (2d) 75, 498 NW (2d) 865 (Ct. App. 1993).
941.23 Annotation A handgun on the seat of a car, indiscernible from ordinary observation by a person outside and within the immediate vicinity of the vehicle, was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls, 190 W (2d) 65, 526 NW (2d) 765 (Ct. App. 1994).
941.23 Annotation Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen. 66.
941.235 941.235 Carrying firearm in public building.
941.235(1) (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class B misdemeanor.
941.235(2) (2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).
941.235 History History: 1979 c. 221; 1991 a. 172; 1993 a. 246.
941.237 941.237 Carrying handgun where alcohol beverages may be sold and consumed.
941.237(1) (1) In this section:
941.237(1)(a) (a) "Alcohol beverages" has the meaning given in s. 125.02 (1).
941.237(1)(b) (b) "Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.
941.237(1)(c) (c) "Encased" has the meaning given in s. 167.31 (1) (b).
941.237(1)(cm) (cm) "Firearms dealer" means any person engaged in the business of importing, manufacturing or dealing in firearms and having a license as an importer, manufacturer or dealer issued by the U.S. department of the treasury.
941.237(1)(d) (d) "Handgun" has the meaning given in s. 175.35 (1) (b).
941.237(1)(dm) (dm) "Hotel" has the meaning given in s. 254.61 (3).
941.237(1)(e) (e) "Premises" has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.
941.237(1)(em) (em) "Private security person" has the meaning given in s. 440.26 (1m).
Effective date note NOTE: Par. (em) is amended eff. 7-1-97 by 1995 Wis. Act 461 to read:
Effective date text (em) "Private security person" has the meaning given in s. 440.26 (1m) (h).
941.237(1)(f) (f) "Target range" means any area where persons are allowed to use a handgun to fire shots at targets.
941.237(1)(fm) (fm) "Tavern" means an establishment, other than a private club or fraternal organization, in which alcohol beverages are sold for consumption on the premises.
941.237(1)(g) (g) "Unloaded" means any of the following:
941.237(1)(g)1. 1. Having no shell or cartridge in the chamber of a handgun or in the magazine attached to a handgun.
941.237(1)(g)2. 2. In the case of a caplock muzzle-loading handgun, having the cap removed.
941.237(1)(g)3. 3. In the case of a flintlock muzzle-loading handgun, having the flashpan cleaned of powder.
941.237(2) (2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.
941.237(3) (3)Subsection (2) does not apply to any of the following:
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?