940.34 Annotation
This section is not unconstitutional. For a conviction, it must be proved that an accused believed a crime was being committed and that a victim was exposed to bodily harm. The reporting required does not require the defendant to incriminate himself or herself as the statute contains no mandate that an individual identify oneself. Whether a defendant fits within an exception under sub. (2) (d) is a matter of affirmative defense. State v. LaPlante, 186 W (2d) 427, 521 NW (2d) 448 (Ct. App. 1994).
940.41(1r)
(1r) "Malice" or "maliciously" means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice.
940.41(2)
(2) "Victim" means any natural person against whom any crime as defined in
s. 939.12 or under the laws of the United States is being or has been perpetrated or attempted in this state.
940.41(3)
(3) "Witness" means any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced; whose declaration under oath is received as evidence for any purpose; who has provided information concerning any crime to any peace officer or prosecutor; who has provided information concerning a crime to any employe or agent of a law enforcement agency using a crime reporting telephone hotline or other telephone number provided by the law enforcement agency; or who has been served with a subpoena issued under
s. 885.01 or under the authority of any court of this state or of the United States.
940.41 History
History: 1981 c. 118;
1993 a. 128.
940.42
940.42
Intimidation of witnesses; misdemeanor. Except as provided in
s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.
940.42 History
History: 1981 c. 118.
940.43
940.43
Intimidation of witnesses; felony. Whoever violates
s. 940.42 under any of the following circumstances is guilty of a Class D felony:
940.43(1)
(1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, parent, sibling or grandchild of the witness or any person sharing a common domicile with the witness.
940.43(2)
(2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under
sub. (1).
940.43(3)
(3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in
sub. (1) or
(2).
940.43(4)
(4) Where the act is in furtherance of any conspiracy.
940.43(5)
(5) Where the act is committed by any person who has suffered any prior conviction for any violation under
ss. 940.42 to
940.45, s.
943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under
ss. 940.42 to
940.45.
940.43(6)
(6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
940.43 History
History: 1981 c. 118.
940.43 Annotation
Conspiracy to intimidate witness is included under (4). State v. Seibert, 141 W (2d) 753, 416 NW (2d) 900 (Ct. App. 1987).
940.44
940.44
Intimidation of victims; misdemeanor. Except as provided in
s. 940.45, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:
940.44(1)
(1) Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge.
940.44(2)
(2) Causing a complaint, indictment or information to be sought and prosecuted and assisting in the prosecution thereof.
940.44(3)
(3) Arresting or causing or seeking the arrest of any person in connection with the victimization.
940.44 History
History: 1981 c. 118.
940.44 Annotation
Jury instruction for violation of 940.44 should specify the underlying crime and that a defendant cannot be found guilty unless the elements of the underlying crime are proved beyond a reasonable doubt. State v. Thomas, 161 W (2d) 616, 468 NW (2d) 729 (Ct. App. 1991).
940.44 Annotation
Acquittal on underlying charge does not require acquittal on charge under 940.44 as jury may have exercised its right to return not guilty verdict irrespective of evidence on underlying charge. State v. Thomas, 161 W (2d) 616, 468 NW (2d) 729 (Ct. App. 1991).
940.44 Annotation
The disorderly conduct statute, s. 947.01, does not require a victim, but when the disorderly conduct is directed at a person, that person is the victim for the purpose of prosecuting the perpetrator for intimidating a victim under this section. State v. Vinje, 201 W (2d) 98, 548 NW (2d) 118 (Ct. App. 1996).
940.45
940.45
Intimidation of victims; felony. Whoever violates
s. 940.44 under any of the following circumstances is guilty of a Class D felony:
940.45(1)
(1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, parent, sibling or grandchild of the victim or any person sharing a common domicile with the victim.
940.45(2)
(2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under
sub. (1).
940.45(3)
(3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in
sub. (1) or
(2).
940.45(4)
(4) Where the act is in furtherance of any conspiracy.
940.45(5)
(5) Where the act is committed by any person who has suffered any prior conviction for any violation under
ss. 940.42 to
940.45, s.
943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under
ss. 940.42 to
940.45.
940.45(6)
(6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
940.45 History
History: 1981 c. 118.
940.46
940.46
Attempt prosecuted as completed act. Whoever attempts the commission of any act prohibited under
ss. 940.42 to
940.45 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intimidated is not a defense against any prosecution under
ss. 940.42 to
940.45.
940.46 History
History: 1981 c. 118.
940.47
940.47
Court orders. Any court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness has occurred or is reasonably likely to occur, may issue orders including but not limited to any of the following:
940.47(2)
(2) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate
ss. 940.42 to
940.45.
940.47(3)
(3) An order that any person described in
sub. (1) or
(2) maintain a prescribed geographic distance from any specified witness or victim.
940.47(4)
(4) An order that any person described in
sub. (1) or
(2) have no communication with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose.
940.47 History
History: 1981 c. 118.
940.48
940.48
Violation of court orders. Whoever violates an order issued under
s. 940.47 may be punished as follows:
940.48(2)
(2) As a contempt of court under
ch. 785. A finding of contempt is not a bar to prosecution under
ss. 940.42 to
940.45, but:
940.48(2)(a)
(a) Any person who commits a contempt of court is entitled to credit for any punishment imposed therefor against any sentence imposed on conviction under
ss. 940.42 to
940.45; and
940.48(2)(b)
(b) Any conviction or acquittal for any substantive offense under
ss. 940.42 to
940.45 is a bar to subsequent punishment for contempt arising out of the same act.
940.48(3)
(3) By the revocation of any form of pretrial release or forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding the defendant to custody. After hearing and on substantial evidence, the revocation may be made whether the violation of order complained of has been committed by the defendant personally or was caused or encouraged to have been committed by the defendant.
940.48 History
History: 1981 c. 118.
940.49
940.49
Pretrial release. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by
ss. 940.42 to
940.45 and any wilful violation of the condition is subject to punishment as prescribed in
s. 940.48 (3) whether or not the defendant was the subject of an order under
s. 940.47.
940.49 History
History: 1981 c. 118.
