2001 Wisconsin Act 109

109,838 Section 838. 946.41 (2m) (intro.) of the statutes is amended to read:

946.41 (2m) (intro.) Whoever violates sub. (1) under all of the following circumstances is guilty of a Class D H felony:

109,839 Section 839. 946.415 (2) (intro.) of the statutes is amended to read:

946.415 (2) (intro.) Whoever intentionally does all of the following is guilty of a Class E I felony:

109,840 Section 840. 946.42 (3) (intro.) of the statutes is amended to read:

946.42 (3) (intro.) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class D H felony:

109,841 Section 841. 946.42 (4) of the statutes is repealed.

109,842 Section 842. 946.425 (1) of the statutes is amended to read:

946.425 (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 H felony.

109,843 Section 843. 946.425 (1m) (b) of the statutes is amended to read:

946.425 (1m) (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 H felony.

109,844 Section 844. 946.425 (1r) (b) of the statutes is amended to read:

946.425 (1r) (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 H felony.

109,845 Section 845. 946.425 (2) of the statutes is repealed.

109,846 Section 846. 946.43 (1m) (intro.) of the statutes is amended to read:

946.43 (1m) (intro.) 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 F felony:

109,847 Section 847. 946.43 (2m) (a) (intro.) of the statutes is amended to read:

946.43 (2m) (a) (intro.) 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 is guilty of a Class I felony:

109,848 Section 848. 946.44 (1) (intro.) of the statutes is amended to read:

946.44 (1) (intro.) Whoever does the following is guilty of a Class D H felony:

109,849 Section 849. 946.44 (1g) of the statutes is amended to read:

946.44 (1g) Any public officer or public employee who violates sub. (1) (a) or (b) is guilty of a Class C F felony.

109,850 Section 850. 946.44 (1m) of the statutes is amended to read:

946.44 (1m) Whoever intentionally introduces into an institution where prisoners are detained or transfers to a prisoner any firearm, whether loaded or unloaded, or any article used or fashioned in a manner to lead another person to believe it is a firearm, is guilty of a Class C F felony.

109,851 Section 851. 946.47 (1) (intro.) of the statutes is amended to read:

946.47 (1) (intro.) Whoever does either of the following is guilty of a Class E I felony:

109,852 Section 852. 946.48 (1) of the statutes is amended to read:

946.48 (1) Whoever sends, delivers, or causes to be transmitted to another any written or oral communication with intent to induce a false belief that the sender has knowledge of the whereabouts, physical condition, or terms imposed upon the return of a kidnapped or missing person is guilty of a Class D H felony.

109,853 Section 853. 946.49 (1) (b) of the statutes is amended to read:

946.49 (1) (b) If the offense with which the person is charged is a felony, guilty of a Class D H felony.

109,854 Section 854. 946.49 (2) of the statutes is amended to read:

946.49 (2) A witness for whom bail has been required under s. 969.01 (3) is guilty of a Class E I felony for failure to appear as provided.

109,855 Section 855. 946.50 (5d) of the statutes is created to read:

946.50 (5d) A Class F felony, if the person was adjudicated delinquent for committing an act that would be a Class F felony if committed by an adult.

109,856 Section 856. 946.50 (5h) of the statutes is created to read:

946.50 (5h) A Class G felony, if the person was adjudicated delinquent for committing an act that would be a Class G felony if committed by an adult.

109,857 Section 857. 946.50 (5p) of the statutes is created to read:

946.50 (5p) A Class H felony, if the person was adjudicated delinquent for committing an act that would be a Class H felony if committed by an adult.

109,858 Section 858. 946.50 (5t) of the statutes is created to read:

946.50 (5t) A Class I felony, if the person was adjudicated delinquent for committing an act that would be a Class I felony if committed by an adult.

109,859 Section 859. 946.60 (1) of the statutes is amended to read:

946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

109,860 Section 860. 946.60 (2) of the statutes is amended to read:

946.60 (2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

109,861 Section 861. 946.61 (1) (intro.) of the statutes is amended to read:

946.61 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

109,862 Section 862. 946.64 of the statutes is amended to read:

946.64 Communicating with jurors. Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class E I felony.

109,863 Section 863. 946.65 (1) of the statutes is amended to read:

946.65 (1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class E I felony.

109,864 Section 864. 946.68 (1r) (a) of the statutes is amended to read:

946.68 (1r) (a) Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates legal process is guilty of a Class E I felony.

109,865 Section 865. 946.68 (1r) (b) of the statutes is amended to read:

946.68 (1r) (b) If the document under par. (a) is sent or delivered with intent to induce payment of a claim, the person is guilty of a Class D H felony.

109,866 Section 866. 946.68 (1r) (c) of the statutes is amended to read:

946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D H felony.

109,867 Section 867. 946.69 (2) (intro.) of the statutes is amended to read:

946.69 (2) (intro.) Whoever does any of the following is guilty of a Class E I felony:

109,868 Section 868. 946.70 (2) of the statutes is amended to read:

946.70 (2) Any person violating sub. (1) with the intent to commit or aid or abet the commission of a crime other than the crime under this section is guilty of a Class D H felony.

109,869 Section 869. 946.72 (1) of the statutes is amended to read:

946.72 (1) Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class D H felony.

109,870 Section 870. 946.74 (2) of the statutes is amended to read:

946.74 (2) Whoever violates sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class D H felony.

109,871 Section 871. 946.76 of the statutes is amended to read:

946.76 Search warrant; premature disclosure. Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class E I felony.

109,872 Section 872. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and (d) (bf) to (e), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12, and 948.30.

109,873 Section 873. 946.84 (1) of the statutes is amended to read:

946.84 (1) Any person convicted of engaging in racketeering activity in violation of s. 946.83 is guilty of a Class C E felony.

109,874 Section 874. 946.85 (1) of the statutes is amended to read:

946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 30 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record is guilty of a Class E felony.

109,874x Section 874x. 947.013 (1t) of the statutes is amended to read:

947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E felony if the person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) or (3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.

109,875b Section 875b. 947.013 (1t) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E I felony if the person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2), (2e), (2m), or (3) involving the same victim and the present violation occurs within 7 years of the prior conviction.

109,876 Section 876. 947.013 (1v) of the statutes is amended to read:

947.013 (1v) Whoever violates sub. (1r) is guilty of a Class D H felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (1r).

109,877 Section 877. 947.013 (1x) (intro.) of the statutes is amended to read:

947.013 (1x) (intro.) Whoever violates sub. (1r) under all of the following circumstances is guilty of a Class D H felony:

109,877g Section 877g. 947.013 (1x) (a) of the statutes is amended to read:

947.013 (1x) (a) The person has a prior conviction under sub. (1r), (1t) or (1v) or this subsection or s. 940.32 (2), (2e), (2m), or (3) or (3m).

109,878 Section 878. 947.015 of the statutes is amended to read:

947.015 Bomb scares. Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a Class E I felony.

109,879 Section 879. 948.02 (2) of the statutes is amended to read:

948.02 (2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class BC C felony.

109,880 Section 880. 948.02 (3) of the statutes is amended to read:

948.02 (3) Failure to act. A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class C F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.

109,881 Section 881. 948.02 (3m) of the statutes is repealed.