AB3-ASA1,91,22 20(2) The increased penalty provided in this subsection section does not apply if
21possessing, using or threatening to use a dangerous weapon is an essential element
22of the crime charged.
AB3-ASA1,91,24 23(3) This subsection section applies only to crimes specified under chs. 939 to
24951 and 961.
AB3-ASA1, s. 297 25Section 297. 939.63 (2) of the statutes is repealed.
AB3-ASA1, s. 298
1Section 298. 939.632 (1) (e) 1. of the statutes is amended to read:
AB3-ASA1,92,62 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1)
3(1c), 940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
4941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1) or
5(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08, or 948.30 (2), 948.35
6(1) (b) or (c) or 948.36
.
AB3-ASA1, s. 299 7Section 299. 939.632 (2) of the statutes is amended to read:
AB3-ASA1,92,98 939.632 (2) If a person commits a violent crime in a school zone, the maximum
9period term of imprisonment is increased as follows:
AB3-ASA1,92,1110 (a) If the violent crime is a felony, the maximum period term of imprisonment
11is increased by 5 years.
AB3-ASA1,92,1412 (b) If the violent crime is a misdemeanor, the maximum period term of
13imprisonment is increased by 3 months and the place of imprisonment is the county
14jail.
AB3-ASA1, s. 300 15Section 300. 939.635 of the statutes is repealed.
AB3-ASA1, s. 301 16Section 301. 939.64 of the statutes is repealed.
AB3-ASA1, s. 302 17Section 302. 939.641 of the statutes is repealed.
AB3-ASA1, s. 303 18Section 303. 939.645 (2) of the statutes is amended to read:
AB3-ASA1,92,2219 939.645 (2) (a) If the crime committed under sub. (1) is ordinarily a
20misdemeanor other than a Class A misdemeanor, the revised maximum fine is
21$10,000 and the revised maximum period term of imprisonment is one year in the
22county jail.
AB3-ASA1,93,223 (b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor,
24the penalty increase under this section changes the status of the crime to a felony and

1the revised maximum fine is $10,000 and the revised maximum period term of
2imprisonment is 2 years.
AB3-ASA1,93,63 (c) If the crime committed under sub. (1) is a felony, the maximum fine
4prescribed by law for the crime may be increased by not more than $5,000 and the
5maximum period term of imprisonment prescribed by law for the crime may be
6increased by not more than 5 years.
AB3-ASA1, s. 304 7Section 304. 939.646 of the statutes is repealed.
AB3-ASA1, s. 305 8Section 305. 939.647 of the statutes is repealed.
AB3-ASA1, s. 306 9Section 306. 939.648 of the statutes is repealed.
AB3-ASA1, s. 307 10Section 307. 939.72 (1) of the statutes is amended to read:
AB3-ASA1,93,1211 939.72 (1) Section 939.30, 948.35 or 948.36 for solicitation and s. 939.05 as a
12party to a crime which is the objective of the solicitation; or
AB3-ASA1, s. 308 13Section 308. 939.75 (1) of the statutes is amended to read:
AB3-ASA1,93,1814 939.75 (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
15(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e), (1b) and (1g) (c)
16and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
17(e) and (1b), "unborn child" means any individual of the human species from
18fertilization until birth that is gestating inside a woman.
AB3-ASA1, s. 309 19Section 309. 940.02 (2) (intro.) of the statutes is amended to read:
AB3-ASA1,93,2120 940.02 (2) (intro.) Whoever causes the death of another human being under any
21of the following circumstances is guilty of a Class B C felony:
AB3-ASA1, s. 310 22Section 310. 940.03 of the statutes is amended to read:
AB3-ASA1,94,2 23940.03 Felony murder. Whoever causes the death of another human being
24while committing or attempting to commit a crime specified in s. 940.225 (1) or (2)
25(a), 943.02, 943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than

120 15 years in excess of the maximum period term of imprisonment provided by law
2for that crime or attempt.
AB3-ASA1, s. 311 3Section 311. 940.04 (1) of the statutes is amended to read:
AB3-ASA1,94,64 940.04 (1) Any person, other than the mother, who intentionally destroys the
5life of an unborn child may be fined not more than $5,000 or imprisoned not more
6than 3 years or both
is guilty of a Class H felony.
AB3-ASA1, s. 312 7Section 312. 940.04 (2) (intro.) of the statutes is amended to read:
AB3-ASA1,94,98 940.04 (2) (intro.) Any person, other than the mother, who does either of the
9following may be imprisoned not more than 15 years is guilty of a Class E felony:
AB3-ASA1, s. 313 10Section 313. 940.04 (4) of the statutes is amended to read:
AB3-ASA1,94,1311 940.04 (4) Any pregnant woman who intentionally destroys the life of her
12unborn quick child or who consents to such destruction by another may be
13imprisoned not more than 2 years
is guilty of a Class I felony.
AB3-ASA1, s. 314 14Section 314. 940.06 (1) of the statutes is amended to read:
AB3-ASA1,94,1615 940.06 (1) Whoever recklessly causes the death of another human being is
16guilty of a Class C D felony.
AB3-ASA1, s. 315 17Section 315. 940.06 (2) of the statutes is amended to read:
AB3-ASA1,94,1918 940.06 (2) Whoever recklessly causes the death of an unborn child is guilty of
19a Class C D felony.
AB3-ASA1, s. 316 20Section 316. 940.07 of the statutes is amended to read:
AB3-ASA1,94,25 21940.07 Homicide resulting from negligent control of vicious animal.
22Whoever knowing the vicious propensities of any animal intentionally allows it to go
23at large or keeps it without ordinary care, if such animal, while so at large or not
24confined, kills any human being who has taken all the precautions which the
25circumstances may permit to avoid such animal, is guilty of a Class C G felony.
AB3-ASA1, s. 317
1Section 317. 940.08 (1) of the statutes is amended to read:
AB3-ASA1,95,42 940.08 (1) Whoever causes the death of another human being by the negligent
3operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
4D G felony.
AB3-ASA1, s. 318 5Section 318. 940.08 (2) of the statutes is amended to read:
AB3-ASA1,95,86 940.08 (2) Whoever causes the death of an unborn child by the negligent
7operation or handling of a dangerous weapon, explosives or fire is guilty of a Class D
8G felony.
AB3-ASA1, s. 319 9Section 319. 940.09 (1) (intro.) of the statutes is amended to read:
AB3-ASA1,95,1110 940.09 (1) (intro.) Any person who does any of the following is guilty of a Class
11B felony
may be penalized as provided in sub. (1c):
AB3-ASA1, s. 320 12Section 320. 940.09 (1b) of the statutes is repealed.
AB3-ASA1, s. 321 13Section 321. 940.09 (1c) of the statutes is created to read:
AB3-ASA1,95,1514 940.09 (1c) (a) Except as provided in par. (b), a person who violates sub. (1) is
15guilty of a Class D felony.
AB3-ASA1,95,1816 (b) A person who violates sub. (1) is guilty of a Class C felony if the person has
17one or more prior convictions, suspensions, or revocations, as counted under s.
18343.307 (2).
AB3-ASA1, s. 322 19Section 322. 940.10 (1) of the statutes is amended to read:
AB3-ASA1,95,2120 940.10 (1) Whoever causes the death of another human being by the negligent
21operation or handling of a vehicle is guilty of a Class E G felony.
AB3-ASA1, s. 323 22Section 323. 940.10 (2) of the statutes is amended to read:
AB3-ASA1,95,2423 940.10 (2) Whoever causes the death of an unborn child by the negligent
24operation or handling of a vehicle is guilty of a Class E G felony.
AB3-ASA1, s. 324 25Section 324. 940.11 (1) of the statutes is amended to read:
AB3-ASA1,96,3
1940.11 (1) Whoever mutilates, disfigures or dismembers a corpse, with intent
2to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is
3guilty of a Class C F felony.
AB3-ASA1, s. 325 4Section 325. 940.11 (2) of the statutes is amended to read:
AB3-ASA1,96,75 940.11 (2) Whoever hides or buries a corpse, with intent to conceal a crime or
6avoid apprehension, prosecution or conviction for a crime, is guilty of a Class D G
7felony.
AB3-ASA1, s. 326 8Section 326. 940.12 of the statutes is amended to read:
AB3-ASA1,96,10 9940.12 Assisting suicide. Whoever with intent that another take his or her
10own life assists such person to commit suicide is guilty of a Class D H felony.
AB3-ASA1, s. 327 11Section 327. 940.15 (2) of the statutes is amended to read:
AB3-ASA1,96,1412 940.15 (2) Whoever intentionally performs an abortion after the fetus or
13unborn child reaches viability, as determined by reasonable medical judgment of the
14woman's attending physician, is guilty of a Class E I felony.
AB3-ASA1, s. 328 15Section 328. 940.15 (5) of the statutes is amended to read:
AB3-ASA1,96,1716 940.15 (5) Whoever intentionally performs an abortion and who is not a
17physician is guilty of a Class E I felony.
AB3-ASA1, s. 329 18Section 329. 940.15 (6) of the statutes is amended to read:
AB3-ASA1,96,2519 940.15 (6) Any physician who intentionally performs an abortion under sub.
20(3) shall use that method of abortion which, of those he or she knows to be available,
21is in his or her medical judgment most likely to preserve the life and health of the
22fetus or unborn child. Nothing in this subsection requires a physician performing
23an abortion to employ a method of abortion which, in his or her medical judgment
24based on the particular facts of the case before him or her, would increase the risk
25to the woman. Any physician violating this subsection is guilty of a Class E I felony.
AB3-ASA1, s. 330
1Section 330. 940.19 (2) of the statutes is amended to read:
AB3-ASA1,97,42 940.19 (2) Whoever causes substantial bodily harm to another by an act done
3with intent to cause bodily harm to that person or another is guilty of a Class E I
4felony.
AB3-ASA1, s. 331 5Section 331. 940.19 (3) of the statutes is repealed.
AB3-ASA1, s. 332 6Section 332. 940.19 (4) of the statutes is amended to read:
AB3-ASA1,97,87 940.19 (4) Whoever causes great bodily harm to another by an act done with
8intent to cause bodily harm to that person or another is guilty of a Class D H felony.
AB3-ASA1, s. 333 9Section 333. 940.19 (5) of the statutes is amended to read:
AB3-ASA1,97,1210 940.19 (5) Whoever causes great bodily harm to another by an act done with
11intent to cause either substantial bodily harm or great bodily harm to that person
12or another is guilty of a Class C E felony.
AB3-ASA1, s. 334 13Section 334. 940.19 (6) (intro.) of the statutes is amended to read:
AB3-ASA1,97,1714 940.19 (6) (intro.) Whoever intentionally causes bodily harm to another by
15conduct that creates a substantial risk of great bodily harm is guilty of a Class D H
16felony. A rebuttable presumption of conduct creating a substantial risk of great
17bodily harm arises:
AB3-ASA1, s. 335 18Section 335. 940.195 (2) of the statutes is amended to read:
AB3-ASA1,97,2119 940.195 (2) Whoever causes substantial bodily harm to an unborn child by an
20act done with intent to cause bodily harm to that unborn child, to the woman who is
21pregnant with that unborn child or another is guilty of a Class E I felony.
AB3-ASA1, s. 336 22Section 336. 940.195 (3) of the statutes is repealed.
AB3-ASA1, s. 337 23Section 337. 940.195 (4) of the statutes is amended to read:
AB3-ASA1,98,3
1940.195 (4) Whoever causes great bodily harm to an unborn child by an act
2done with intent to cause bodily harm to that unborn child, to the woman who is
3pregnant with that unborn child or another is guilty of a Class D H felony.
AB3-ASA1, s. 338 4Section 338. 940.195 (5) of the statutes is amended to read:
AB3-ASA1,98,85 940.195 (5) Whoever causes great bodily harm to an unborn child by an act
6done with intent to cause either substantial bodily harm or great bodily harm to that
7unborn child, to the woman who is pregnant with that unborn child or another is
8guilty of a Class C E felony.
AB3-ASA1, s. 339 9Section 339. 940.195 (6) of the statutes is repealed.
AB3-ASA1, s. 340 10Section 340. 940.20 (1) of the statutes is amended to read:
AB3-ASA1,98,1411 940.20 (1) Battery by prisoners. Any prisoner confined to a state prison or
12other state, county or municipal detention facility who intentionally causes bodily
13harm to an officer, employee, visitor or another inmate of such prison or institution,
14without his or her consent, is guilty of a Class D H felony.
AB3-ASA1, s. 341 15Section 341. 940.20 (1m) of the statutes is amended to read:
AB3-ASA1,98,2016 940.20 (1m) Battery by persons subject to certain injunctions. (a) Any
17person who is subject to an injunction under s. 813.12 or a tribal injunction filed
18under s. 806.247 (3) and who intentionally causes bodily harm to the petitioner who
19sought the injunction by an act done without the consent of the petitioner is guilty
20of a Class E I felony.
AB3-ASA1,98,2321 (b) Any person who is subject to an injunction under s. 813.125 and who
22intentionally causes bodily harm to the petitioner who sought the injunction by an
23act done without the consent of the petitioner is guilty of a Class E I felony.
AB3-ASA1, s. 342 24Section 342. 940.20 (2) of the statutes is amended to read:
AB3-ASA1,99,6
1940.20 (2) Battery to law enforcement officers and fire fighters. Whoever
2intentionally causes bodily harm to a law enforcement officer or fire fighter, as those
3terms are defined in s. 102.475 (8) (b) and (c), acting in an official capacity and the
4person knows or has reason to know that the victim is a law enforcement officer or
5fire fighter, by an act done without the consent of the person so injured, is guilty of
6a Class D H felony.
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