LRB-3723/1
CMH&MGD:kjf:rs
2003 - 2004 LEGISLATURE
February 5, 2004 - Introduced by Representatives Friske, Bies, D. Meyer,
Gronemus, Van Roy, Petrowski, Hundertmark, Montgomery, Ainsworth,
Stone, Musser, Hines, Hahn and Albers, cosponsored by Senators Welch and
Roessler. Referred to Committee on Criminal Justice.
AB818,1,2
1An Act to create 941.317 of the statutes;
relating to: the use of household
2products and nonprescription drugs and providing penalties.
Analysis by the Legislative Reference Bureau
This bill prohibits a person from intentionally using a household product or
nonprescription drug (product) in a manner that is not consistent with the
manufacturer's intent in order to impair his or her physical or mental functions. Any
person who violates this prohibition is subject to a fine not to exceed $10,000 or
imprisonment not to exceed nine months, or both.
In addition, this bill prohibits a person from intentionally procuring a product
for another person if the person who procures the product (procurer) knows or should
know that the other person intends to use the product in a manner that is not
consistent with the manufacturer's intent in order to impair his or her physical or
mental functions. The penalty for procuring the product increases as the harm to the
person who used the product (user) increases. If the procurer procures the product
for a person who is at least 21 years of age and the use causes no harm to the user,
the procurer is subject to a fine not to exceed $500 or imprisonment not to exceed 30
days, or both. If the use of the product causes bodily harm (physical pain or injury,
illness, or any impairment of physical condition) to the user, the procurer is subject
to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. If the
use of the product causes great bodily harm (bodily injury that creates a substantial
risk of death, causes serious permanent disfigurement, or causes a permanent or
protracted loss or impairment of the function of any bodily member or organ or other
serious bodily injury) to the user, the procurer is subject to a fine not to exceed
$10,000 or imprisonment not to exceed nine months, or both. If the use of the product
causes death to the user, the procurer is subject to a fine not to exceed $10,000 or
imprisonment not to exceed three years and six months, or both.
Finally, if the procurer procures a product for another person who is under the
age of 21 and the procuring person knows or should know that the other person is
under the age of 21 and that the other person intends to use the product in a manner
that is not consistent with the manufacturer's intent in order to impair his or her
physical or mental functions, the procurer is subject to a fine not to exceed $10,000
or imprisonment not to exceed nine months, or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB818, s. 1
1Section
1. 941.317 of the statutes is created to read:
AB818,2,2
2941.317 Misuse of household products.
(1) In this section:
AB818,2,63
(a) "Altered household product" means a household product that has been
4altered in a manner that is not intended by the manufacturer of the household
5product and that is intended by the individual who altered the household product to
6impair physical or mental functions.
AB818,2,77
(b) "Household product" has the meaning given in s. 941.327 (1) (e).
AB818,2,128
(c) "Misuse" means to use a household product or altered household product,
9in a manner that is not intended by the manufacturer of the household product, to
10intentionally impair physical or mental functions. "Misuse" includes ingesting,
11inhaling, or consuming the household product or altered household product to impair
12physical or mental functions.
AB818,2,14
13(2) Whoever intentionally misuses a household product or altered household
14product is guilty of a Class A misdemeanor.
AB818,3,4
1(3) Whoever intentionally procures a household product or altered household
2product for the use of another person if the person procuring the product knew or
3should have known that the other person intended to misuse the product is guilty of
4the following:
AB818,3,55
(a) Except as provided in pars. (b) to (d) and sub. (4), a Class C misdemeanor.
AB818,3,76
(b) A Class B misdemeanor if the misuse of the household product or altered
7household product causes bodily harm to the person who misuses it.
AB818,3,98
(c) A Class A misdemeanor if the misuse of the household product or altered
9household product causes great bodily harm to the person who misuses it.
AB818,3,1110
(d) A Class I misdemeanor if the misuse of the household product or altered
11household product causes death to the person who misuses it.
AB818,3,17
12(4) Whoever intentionally procures a household product or altered household
13product for the use of another person who has not attained the age of 21 is guilty of
14a Class A misdemeanor if the person procuring the household product or altered
15household product knew or should have known that the other person intended to
16misuse the household product and knew or should have known that the person had
17not attained the age of 21.
