939.52(3)
(3) Penalties for forfeitures are as follows:
939.52(3)(a)
(a) For a Class A forfeiture, a forfeiture not to exceed $10,000.
939.52(3)(b)
(b) For a Class B forfeiture, a forfeiture not to exceed $1,000.
939.52(3)(c)
(c) For a Class C forfeiture, a forfeiture not to exceed $500.
939.52(3)(d)
(d) For a Class D forfeiture, a forfeiture not to exceed $200.
939.52(3)(e)
(e) For a Class E forfeiture, a forfeiture not to exceed $25.
939.60
939.60
Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.
939.60 History
History: 1977 c. 418 s.
924 (18) (e).
939.60 Annotation
Legislature is presumed to have been aware of many existing statutes carrying sentences of one year or less with no place of confinement specified when it enacted predecessor to 973.02 as
chapter 154, laws of 1945. State ex rel. McDonald v. Douglas Cty. Cir. Ct. 100 W (2d) 569, 302 NW (2d) 462 (1981).
939.61
939.61
Penalty when none expressed. 939.61(1)
(1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.
939.61(2)
(2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.
939.61(3)
(3) Common law penalties are abolished.
939.61 History
History: 1977 c. 173.
939.61 Annotation
See note to 779.41, citing 63 Atty. Gen. 81.
939.62
939.62
Increased penalty for habitual criminality. 939.62(1)(1) If the actor is a repeater, as that term is defined in
sub. (2), and the present conviction is for any crime for which imprisonment may be imposed (except for an escape under
s. 946.42 or a failure to report under
s. 946.425) the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
939.62(1)(a)
(a) A maximum term of one year or less may be increased to not more than 3 years.
939.62(1)(b)
(b) A maximum term of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 years if the prior conviction was for a felony.
939.62(1)(c)
(c) A maximum term of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 years if the prior conviction was for a felony.
939.62(2)
(2) The actor is a repeater if the actor was convicted of a felony during the 5-year period immediately preceding the commission of the crime for which the actor presently is being sentenced, or if the actor was convicted of a misdemeanor on 3 separate occasions during that same period, which convictions remain of record and unreversed. It is immaterial that sentence was stayed, withheld or suspended, or that the actor was pardoned, unless such pardon was granted on the ground of innocence. In computing the preceding 5-year period, time which the actor spent in actual confinement serving a criminal sentence shall be excluded.
939.62(2m)(a)(a) In this subsection, "serious felony" means any of the following:
939.62(2m)(a)2.
2. Any felony under
s. 940.01,
940.02,
940.03,
940.05,
940.09 (1),
940.19 (5),
940.21,
940.225 (1) or
(2),
940.305,
940.31,
941.327 (2) (b) 4.,
943.02,
943.10 (2),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
946.43,
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.06,
948.07,
948.08,
948.30 (2),
948.35 (1) (b) or
(c) or
948.36.
939.62(2m)(a)4.
4. A crime at any time under federal law or the law of any other state or, prior to April 28, 1994, under the law of this state that is comparable to a crime specified in
subd. 1.,
2. or
3.
939.62(2m)(b)
(b) The actor is a persistent repeater if he or she has been convicted of a serious felony on 2 or more separate occasions at any time preceding the serious felony for which he or she presently is being sentenced under
ch. 973, which convictions remain of record and unreversed and, that of the 2 or more previous convictions, at least one conviction must have occurred before the date of violation of at least one of the other felonies for which the actor was previously convicted. It is immaterial that the sentence for a previous conviction was stayed, withheld or suspended, or that he or she was pardoned, unless the pardon was granted on the ground of innocence. The term of imprisonment for the felony for which the persistent repeater presently is being sentenced under
ch. 973 is life imprisonment without the possibility of parole.
939.62(2m)(d)
(d) If a prior conviction is being considered as being covered under
par. (a) 4. as comparable to a felony specified under
par. (a) 1.,
2. or
3., the conviction may be counted as a prior conviction under
par. (b) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a felony specified under
par. (a) 1.,
2. or
3. if committed by an adult in this state.
939.62(3)
(3) In this section "felony" and "misdemeanor" have the following meanings:
939.62(3)(a)
(a) In case of crimes committed in this state, the terms do not include motor vehicle offenses under
chs. 341 to
349 and offenses handled through proceedings in the court assigned to exercise jurisdiction under
chs. 48 and
938, but otherwise have the meanings designated in
s. 939.60.
939.62(3)(b)
(b) In case of crimes committed in other jurisdictions, the terms do not include those crimes which are equivalent to motor vehicle offenses under
chs. 341 to
349 or to offenses handled through proceedings in the court assigned to exercise jurisdiction under
chs. 48 and
938.Otherwise, felony means a crime which under the laws of that jurisdiction carries a prescribed maximum penalty of imprisonment in a prison or penitentiary for one year or more. Misdemeanor means a crime which does not carry a prescribed maximum penalty sufficient to constitute it a felony and includes crimes punishable only by a fine.
939.62 Cross-reference
Cross-reference: For procedure, see s.
973.12.
939.62 Annotation
See note to Art. I, sec. 6, citing Hanson v. State, 48 W (2d) 203, 179 NW (2d) 909.
939.62 Annotation
A repeater charge must be withheld from jury's knowledge since it is relevant only to sentencing. Mulkovich v. State, 73 W (2d) 464, 243 NW (2d) 198.
939.62 Annotation
Because this section authorizes penalty enhancement only when maximum underlying sentence is imposed, enhancement portion of sub-maximum sentence is vacated as abuse of sentencing discretion. State v. Harris, 119 W (2d) 612, 350 NW (2d) 633 (1984).
939.62 Annotation
In (2), "convicted of a misdemeanor on 3 separate occasions" requires 3 separate misdemeanors, not 3 separate court appearances. State v. Wittrock, 119 W (2d) 664, 350 NW (2d) 647 (1984).
939.62 Annotation
Court's acceptance of guilty plea or verdict is sufficient to trigger operation of this section; completion of sentencing procedure is not prerequisite. State v. Wimmer, 152 W (2d) 654, 449 NW (2d) 621 (Ct. App. 1989).
939.62 Annotation
Felony convictions entered following waiver from juvenile court are proper basis for repeater allegation; offenses were not "handled through" ch. 48. State v. Kastner, 156 W (2d) 371, 457 NW (2d) 331 (Ct. App. 1990).
939.62 Annotation
Sub. (1) is applicable when concurrent maximum sentences are imposed for multiple offenses. Consecutive sentences are not required. State v. Davis, 165 W (2d) 78, 477 NW (2d) 307 (Ct. App. 1991).
939.62 Annotation
See note to 161.48 citing State v. Ray, 166 W (2d) 855, 481 NW (2d) 288 (Ct. App. 1992).
939.62 Annotation
Each conviction for a misdemeanor constitutes a "separate occasion" for purposes of (2). State v. Hopkins, 168 W (2d) 802, 484 NW (2d) 549 (1992).
939.62 Annotation
Enhancement of sentence under this section did not violate double jeopardy. State v. James, 169 W (2d) 490, 485 NW (2d) 436 (Ct. App. 1992).
939.62 Annotation
This section does not grant a trial court authority to increase a punitive sanction for contempt of court. State v. Carpenter, 179 W (2d) 838, 508 NW (2d) 69 (Ct. App. 1993).
939.62 Annotation
The state is charged with proving a prior conviction and that it lies within the 5-year window of sub. (2). State v. Goldstein, 182 W (2d) 251, 513 NW (2d) 631 (Ct. App. 1994).
939.62 Annotation
A guilty plea without a specific admission to repeater allegations is not sufficient to establish the facts necessary to impose the repeater penalty enhancer. State v. Zimermann, 185 W (2d) 549, 518 NW (2d) 303 (Ct. App. 1994).
939.62 Annotation
When a defendant does not admit to habitual criminality, the state must prove the alleged repeater status beyond a reasonable doubt. State v. Theriault, 187 W (2d) 125, 522 NW (2d) 264 (Ct. App. 1994).
939.62 Annotation
A commitment under the Sex Crimes Law, ch. 975, is not a sentence under sub. (2). State v. Kruzycki, 192 W (2d) 509, 531 NW (2d) 429 (Ct. App. 1995).
939.621
939.621
Increased penalty for certain domestic abuse offenses. If a person commits an act of domestic abuse, as defined in
s. 968.075 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the crime is committed during the 72 hours immediately following an arrest for a domestic abuse incident, as set forth in
s. 968.075 (5). The 72-hour period applies whether or not there has been a waiver by the victim under
s. 968.075 (5) (c). The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the arrest. The penalty increase under this section changes the status of a misdemeanor to a felony.
939.621 History
History: 1987 a. 346;
1995 a. 304.
939.623
939.623
Increased penalty; repeat serious sex crimes. 939.623(2)
(2) If a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the defendant on probation.
939.623 History
History: 1993 a. 97,
227.
939.624
939.624
Increased penalty; repeat serious violent crimes. 939.624(2)
(2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by life imprisonment and subsequently commits a serious violent crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the defendant on probation.
939.624 History
History: 1993 a. 97.
939.625
939.625
Increased penalty for criminal gang crimes. 939.625(1)(a)(a) If a person is convicted of a crime under
chs. 939 to
948 or
961 committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members, the penalties for the underlying crime are increased as provided in
par. (b).
939.625(1)(b)1.
1. The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months. This subdivision does not change the status of the crime from a misdemeanor to a felony.
939.625(1)(b)2.
2. If the maximum term of imprisonment for a felony is more than 5 years or is a life term, the maximum term of imprisonment for the felony may be increased by not more than 5 years.
939.625(1)(b)3.
3. If the maximum term of imprisonment for a felony is more than 2 years, but not more than 5 years, the maximum term of imprisonment for the felony may be increased by not more than 4 years.
939.625(1)(b)4.
4. The maximum term of imprisonment for a felony not specified in
subd. 2. or
3. may be increased by not more than 3 years.
939.625(2)
(2) The court shall direct that the trier of fact find a special verdict as to whether the underlying crime was committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members.
939.625 History
History: 1993 a. 98;
1995 a. 448.
939.626
939.626
Increased penalty; repeat child sex crimes. 939.626(2)
(2) If a person has one or more prior convictions for a child sex crime and subsequently commits a child sex crime, the maximum term of imprisonment for the current child sex crime may be increased by not more than 10 years.
939.626(3)
(3) If a person is sentenced under this section, a court may not also impose an enhanced sentence under
s. 939.62.
939.63
939.63
Penalties; use of a dangerous weapon. 939.63(1)(a)(a) If a person commits a crime while possessing, using or threatening to use a dangerous weapon, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
939.63(1)(a)1.
1. The maximum term of imprisonment for a misdemeanor may be increased by not more than 6 months.
939.63(1)(a)2.
2. If the maximum term of imprisonment for a felony is more than 5 years or is a life term, the maximum term of imprisonment for the felony may be increased by not more than 5 years.
939.63(1)(a)3.
3. If the maximum term of imprisonment for a felony is more than 2 years, but not more than 5 years, the maximum term of imprisonment for the felony may be increased by not more than 4 years.
939.63(1)(a)4.
4. The maximum term of imprisonment for a felony not specified in
subd. 2. or
3. may be increased by not more than 3 years.
939.63(1)(b)
(b) The increased penalty provided in this subsection does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.
939.63(2)
(2) Whoever is convicted of committing a felony while possessing, using or threatening to use a dangerous weapon shall be sentenced to a minimum term of years in prison, unless the sentencing court otherwise provides. The minimum term for the first application of this subsection is 3 years. The minimum term for any subsequent application of this subsection is 5 years. If the court places the person on probation or imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for so doing on the record.
939.63 Annotation
Fact that maximum term for misdemeanor may exceed one year under (1) (a) 1 does not upgrade crime to felony status. State v. Denter, 121 W (2d) 118, 357 NW (2d) 555 (1984).
939.63 Annotation
Possession encompasses both actual and constructive possession. To prove a violation of this section, the state must prove that the defendant possessed the weapon to facilitate the predicate offense. State v. Peete, 185 W (2d) 255, 517 NW (2d) 149 (1994).
