CHAPTER 939
CRIMES — GENERAL PROVISIONS
PRELIMINARY PROVISIONS.
939.01 Name and interpretation.
939.03 Jurisdiction of state over crime.
939.10 Common-law crimes abolished; common-law rules preserved.
939.14 Criminal conduct or contributory negligence of victim no defense.
939.20 Provisions which apply only to chapters 939 to 951.
939.22 Words and phrases defined.
939.24 Criminal recklessness.
939.25 Criminal negligence.
INCHOATE CRIMES.
DEFENSES TO CRIMINAL LIABILITY.
939.44 Adequate provocation.
939.48 Self-defense and defense of others.
939.49 Defense of property and protection against retail theft.
PENALTIES.
939.50 Classification of felonies.
939.51 Classification of misdemeanors.
939.52 Classification of forfeitures.
939.60 Felony and misdemeanor defined.
939.61 Penalty when none expressed.
939.615 Lifetime supervision of serious sex offenders.
939.62 Increased penalty for habitual criminality.
939.621 Increased penalty for certain domestic abuse offenses.
939.622 Committing a serious sex crime while infected with acquired immunodeficiency syndrome, HIV or a sexually transmitted disease.
939.623 Increased penalty; repeat serious sex crimes.
939.624 Increased penalty; repeat serious violent crimes.
939.625 Increased penalty for criminal gang crimes.
939.63 Penalties; use of a dangerous weapon.
939.632 Penalties; violent crime in a school zone.
939.635 Penalties; assault or battery in secured juvenile facilities or to aftercare agent.
939.64 Penalties; use of bulletproof garment.
939.641 Penalty; concealing identity.
939.645 Penalty; crimes committed against certain people or property.
939.646 Penalty; crimes committed using information obtained from the sex offender registry.
939.647 Increased penalty; violent felony committed against elder person.
939.648 Penalty; terrorism.
RIGHTS OF THE PROSECUTION.
939.65 Prosecution under more than one section permitted.
939.66 Conviction of included crime permitted.
RIGHTS OF THE ACCUSED.
939.70 Presumption of innocence and burden of proof.
939.71 Limitation on the number of convictions.
939.72 No conviction of both inchoate and completed crime.
939.73 Criminal penalty permitted only on conviction.
939.74 Time limitations on prosecutions.
939.75 Death or harm to an unborn child.
Ch. 939 Note
NOTE: 1987 Wis. Act 399 included changes in homicide and lesser included offenses. The sections affected had previously passed the senate as 1987 Senate Bill 191, which was prepared by the Judicial Council and contained explanatory notes. These notes have been inserted following the sections affected and are credited to SB 191 as "Bill 191-S". These notes do not appear in the 1987-88 edition of the Wisconsin Statutes.
PRELIMINARY PROVISIONS.
939.01
939.01
Name and interpretation. Chapters 939 to
951 may be referred to as the criminal code but shall not be interpreted as a unit. Crimes committed prior to July 1, 1956, are not affected by
chs. 939 to
951.
939.01 History
History: 1979 c. 89;
1987 a. 332 s.
64.
939.03
939.03
Jurisdiction of state over crime. 939.03(1)
(1) A person is subject to prosecution and punishment under the law of this state if:
939.03(1)(a)
(a) The person commits a crime, any of the constituent elements of which takes place in this state; or
939.03(1)(b)
(b) While out of this state, the person aids and abets, conspires with, or advises, incites, commands, or solicits another to commit a crime in this state; or
939.03(1)(c)
(c) While out of this state, the person does an act with intent that it cause in this state a consequence set forth in a section defining a crime; or
939.03(1)(d)
(d) While out of this state, the person steals and subsequently brings any of the stolen property into this state.
939.03 History
History: 1983 a. 192;
1993 a. 486.
939.03 Annotation
Jurisdiction over a crime committed by a Menominee Indian while on the Menominee Indian Reservation is discussed. State ex rel. Pyatskowit v. Montour,
72 Wis. 2d 277,
240 N.W.2d 186.
939.03 Annotation
Treaties between the federal government and Menominee tribe do not deprive the state of criminal subject matter jurisdiction over a crime committed by a Menominee outside the reservation. Sturdevant v. State,
76 Wis. 2d 247,
251 N.W.2d 50.
939.03 Annotation
Trial courts do not have subject matter jurisdiction to convict defendants under unconstitutionally vague statutes. State ex rel. Skinkis v. Treffert,
90 Wis. 2d 528,
280 N.W.2d 316 (Ct. App. 1979).
939.03 Annotation
A fisherman who violated Minnesota and Wisconsin fishing laws while standing on the Minnesota bank of the Mississippi River was subject to Wisconsin prosecution. State v. Nelson,
92 Wis. 2d 855,
285 N.W.2d 924 (Ct. App. 1979)
