946.01(1)(1) Any person owing allegiance to this state who does any of the following is guilty of a Class A felony:
946.01(1)(b)
(b) Adheres to the enemies of this state, giving them aid and comfort.
946.01(2)
(2) No person may be convicted of treason except on the testimony of 2 witnesses to the same overt act, or on the person's confession in open court.
946.01 History
History: 1977 c. 173;
1993 a. 486.
946.02(1)(1) Whoever does any of the following is guilty of a Class C felony:
946.02(1)(a)
(a) Intentionally damages, interferes with, or tampers with any property with reasonable grounds to believe that his or her act will hinder, delay, or interfere with the prosecution of war or other military action or the preparation for defense, war, or other military action by the United States or its allies; or
946.02(1)(b)
(b) Intentionally makes a defective article or on inspection omits to note any defect in an article with reasonable grounds to believe that such article is intended to be used in the prosecution of war or other military action or the preparation for defense, war, or other military action by the United States or its allies.
946.02(2)
(2) Nothing in this section shall be construed to impair, curtail, or destroy the rights of employes and their representatives to self-organization, to form, join or assist labor organization, to strike, to bargain collectively through representatives of their own choosing, or to engage in lawful concerted activities for the purpose of collective bargaining or other mutual aid or protection under any state or federal statutes regulating labor relations.
946.02 History
History: 1977 c. 173;
1993 a. 486.
946.03(1)(1) Whoever does any of the following is guilty of a Class C felony:
946.03(1)(a)
(a) Attempts the overthrow of the government of the United States or this state by the use or threat of physical violence; or
946.03(1)(b)
(b) Is a party to a conspiracy with or a solicitation of another to overthrow the government of the United States or this state by the use or threat of physical violence; or
946.03(1)(c)
(c) Advocates or teaches the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown; or
946.03(1)(d)
(d) Organizes or assists in the organization of an assembly with knowledge that the purpose of the assembly is to advocate or teach the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown.
946.03(2)
(2) Whoever permits any premises under his or her care, control or supervision to be used by an assembly with knowledge that the purpose of the assembly is to advocate or teach the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown or, after learning that the premises are being so used, permits such use to be continued is guilty of a Class E felony.
946.03 History
History: 1977 c. 173.
946.05
946.05
Flag desecration. 946.05(1)(1) Whoever intentionally and publicly mutilates, defiles, or casts contempt upon the flag is guilty of a Class E felony.
946.05(2)
(2) In this section "flag" means anything which is or purports to be the Stars and Stripes, the United States shield, the United States coat of arms, the Wisconsin state flag, or a copy, picture, or representation of any of them.
946.05 History
History: 1977 c. 173.
946.06
946.06
Improper use of the flag. 946.06(1)
(1) Whoever intentionally does any of the following is guilty of a Class A misdemeanor:
946.06(1)(a)
(a) Places on or attaches to the flag any word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(b)
(b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(c)
(c) Manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or
946.06(1)(d)
(d) Uses the flag for commercial advertising purposes.
946.06(2)
(2) This section does not apply to flags depicted on written or printed documents or periodicals or on stationery, ornaments, pictures, or jewelry, provided there are no unauthorized words or designs on such flag and provided the flag is not connected with any advertisement.
946.06(3)
(3) In this section "flag" has the meaning designated in
s. 946.05.
946.06 History
History: 1977 c. 173.
946.06 Annotation
See note to Art. I, sec. 3, citing Spence v. State of Washington, 418 US 405.
946.06 Annotation
Washington flag desecration statute held unconstitutional in Spence, when applied to a mere display of an altered flag in the absence of a disturbance of the peace, was identical in all essential ways to this section. Koser v. County of Price, 834 F Supp. 305 (1993).
BRIBERY AND OFFICIAL MISCONDUCT.
946.10
946.10
Bribery of public officers and employes. Whoever does either of the following is guilty of a Class D felony:
946.10(1)
(1) Whoever, with intent to influence the conduct of any public officer or public employe in relation to any matter which by law is pending or might come before the officer or employe in the officer's or employe's capacity as such officer or employe or with intent to induce the officer or employe to do or omit to do any act in violation of the officer's or employe's lawful duty transfers or promises to the officer or employe or on the officer's or employe's behalf any property or any personal advantage which the officer or employe is not authorized to receive; or
946.10(2)
(2) Any public officer or public employe who directly or indirectly accepts or offers to accept any property or any personal advantage, which the officer or employe is not authorized to receive, pursuant to an understanding that the officer or employe will act in a certain manner in relation to any matter which by law is pending or might come before the officer or employe in the officer's or employe's capacity as such officer or employe or that the officer or employe will do or omit to do any act in violation of the officer's or employe's lawful duty.
946.10 History
History: 1977 c. 173;
1993 a. 486.
946.10 Annotation
Circumstantial evidence supported inference that defendant intended to influence public official's actions. State v. Rosenfeld, 93 W (2d) 325, 286 NW (2d) 596 (1980).
946.10 Annotation
Sworn juror is public employe under (2). State v. Sammons, 141 W (2d) 833, 417 NW (2d) 190 (Ct. App. 1987).
946.11
946.11
Special privileges from public utilities. 946.11(1)(1) Whoever does the following is guilty of a Class E felony:
946.11(1)(a)
(a) Whoever offers or gives for any purpose to any public officer or to any person at the request or for the advantage of such officer any free pass or frank, or any privilege withheld from any person, for the traveling accommodation or transportation of any person or property or for the transmission of any message or communication; or
946.11(1)(b)
(b) Any public officer who asks for or accepts from any person or uses in any manner or for any purpose any free pass or frank, or any privilege withheld from any person for the traveling accommodation or transportation of any person or property or for the transmission of any message or communication; or
946.11(1)(c)
(c) Any public utility or agent or officer thereof who offers or gives for any purpose to any public officer or to any person at the request or for the advantage of such officer, any frank or any privilege withheld from any person for any product or service produced, transmitted, delivered, furnished or rendered or to be produced, transmitted, delivered, furnished or rendered by any public utility, or any free product or service whatsoever; or
946.11(1)(d)
(d) Any public officer who asks for or accepts or uses in any manner or for any purpose any frank or privilege withheld from any person for any product or service produced, transmitted, delivered, furnished or rendered by any public utility.
946.11(2)(a)
(a) "Free pass" means any form of ticket or mileage entitling the holder to travel over any part of a railroad or other public transportation system and issued to the holder as a gift or in consideration or partial consideration of any service performed or to be performed by such holder, except that it does not include such ticket or mileage when issued to an employe of the railroad or public transportation system pursuant to a contract of employment and not in excess of the transportation rights of other employes of the same class and seniority, nor does it include free transportation to police officers or fire fighters when on duty;
946.11(3)
(3) This section does not apply to notaries public and regular employes or pensioners of a railroad or other public utility who hold public offices for which the annual compensation is not more than $300 to whom no passes or privileges are extended beyond those which are extended to other regular employes or pensioners of such corporation.
946.12
946.12
Misconduct in public office. Any public officer or public employe who does any of the following is guilty of a Class E felony:
946.12(1)
(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employe's office or employment within the time or in the manner required by law; or
946.12(2)
(2) In the officer's or employe's capacity as such officer or employe, does an act which the officer or employe knows is in excess of the officer's or employe's lawful authority or which the officer or employe knows the officer or employe is forbidden by law to do in the officer's or employe's official capacity; or
946.12(3)
(3) Whether by act of commission or omission, in the officer's or employe's capacity as such officer or employe exercises a discretionary power in a manner inconsistent with the duties of the officer's or employe's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employe or another; or
946.12(4)
(4) In the officer's or employe's capacity as such officer or employe, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employe intentionally falsifies; or
946.12(5)
(5) Under color of the officer's or employe's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employe knows is greater or less than is fixed by law.
946.12 History
History: 1977 c. 173;
1993 a. 486.
946.12 Annotation
Sub. (5) prohibits misconduct in public office with constitutional specificity. Ryan v. State, 79 W (2d) 83, 255 NW (2d) 910.
946.12 Annotation
Sub. (3) applies to corrupt act under color of office and under de facto powers conferred by practice and usage. Person not a public officer may be charged with party to the crime of official misconduct. State v. Tronca, 84 W (2d) 68, 267 NW (2d) 216 (1978).
946.12 Annotation
On-duty prison guard did not violate (2) by fornicating with prisoner in cell. State v. Schmit, 115 W (2d) 657, 340 NW (2d) 752 (Ct. App. 1983).
946.13
946.13
Private interest in public contract prohibited. 946.13(1)(1) Any public officer or public employe who does any of the following is guilty of a Class E felony:
946.13(1)(a)
(a) In the officer's or employe's private capacity, negotiates or bids for or enters into a contract in which the officer or employe has a private pecuniary interest, direct or indirect, if at the same time the officer or employe is authorized or required by law to participate in the officer's or employe's capacity as such officer or employe in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on the officer's or employe's part; or
946.13(1)(b)
(b) In the officer's or employe's capacity as such officer or employe, participates in the making of a contract in which the officer or employe has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on the officer's or employe's part.
946.13(2)
(2) Subsection (1) does not apply to the following:
946.13(2)(a)
(a) Contracts in which any single public officer or employe is privately interested that do not involve receipts and disbursements by the state or its political subdivision aggregating more than $15,000 in any year.
946.13(2)(b)
(b) Contracts involving the deposit of public funds in public depositories; or
946.13(2)(d)
(d) Contracts for the publication of legal notices required to be published, provided such notices are published at a rate not higher than that prescribed by law; or
946.13(2)(e)
(e) Contracts for the issuance to a public officer or employe of tax titles, tax certificates, or instruments representing an interest in, or secured by, any fund consisting in whole or in part of taxes in the process of collection, provided such titles, certificates, or instruments are issued in payment of salary or other obligations due such officer or employe; or
946.13(2)(f)
(f) Contracts for the sale of bonds or securities issued by a political subdivision of the state; provided such bonds or securities are sold at a bona fide public sale to the highest bidder and the public officer or employe acquiring the private interest has no duty to vote upon the issuance of the bonds or securities.
946.13(2)(g)
(g) Contracts with, or tax credits or payments received by, public officers or employes for wildlife damage claims or abatement under
s. 29.598, for farmland preservation under
subch. IX of ch. 71 and
s. 91.13, soil and water resource management under
s. 92.14, soil erosion control under s.
92.10, 1985 stats., animal waste management under s.
92.15, 1985 stats., and nonpoint source water pollution abatement under
s. 281.65.
946.13 Note
NOTE: Par. (g) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
946.13(3)
(3) A contract entered into in violation of this section is void and the state or the political subdivision in whose behalf the contract was made incurs no liability thereon.
946.13(4)
(4) In this section "contract" includes a conveyance.
946.13(5)
(5) Subsection (1) (b) shall not apply to a public officer or public employe by reason of his or her holding not more than 2% of the outstanding capital stock of a corporate body involved in such contract.
946.13(6)
(6) Subsection (3) shall not apply to contracts creating a public debt, as defined in
s. 18.01 (4), if the requirements of
s. 18.14 (1) have been met. No evidence of indebtedness, as defined in
s. 18.01 (3), shall be invalidated on account of a violation of this section by a public officer or public employe, but such officer or employe and the surety on the officer's or employe's official bond shall be liable to the state for any loss to it occasioned by such violation.
946.13(7)
(7) Subsection (1) shall not apply to any public officer or public employe, who receives compensation for the officer's or employe's services as such officer or employe, exclusive of advances or reimbursements for expenses, of less than $10,000 per year, merely by reason of his or her being a director, officer, employe, agent or attorney of or for a state or national bank, savings bank or trust company, or any holding company thereof. This subsection shall not apply to any such person whose compensation by such financial institution is directly dependent upon procuring public business. Compensation determined by longevity, general quality of work or the overall performance and condition of such financial institution shall not be deemed compensation directly dependent upon procuring public business.
946.13(8)
(8) Subsection (1) shall not apply to contracts or transactions made or consummated or bonds issued under
s. 66.521.
946.13(9)
(9) Subsection (1) does not apply to the member of a local committee appointed under
s. 289.33 (7) (a) acting as a member of that committee in negotiation, arbitration or ratification of agreements under
s. 289.33.
946.13(10)
(10) Subsection (1) (a) does not apply to a member of a private industry council or appointed under the job training partnership act,
29 USC 1512, or to a member of the governor's council on workforce excellence appointed under
s. 15.227 (24).
946.13(11)
(11) Subsection (1) does not apply to an individual who receives compensation for services as a public officer or public employe of less than $10,000 annually, exclusive of advances or reimbursements for expenses, merely because that individual is a partner, shareholder or employe of a law firm that serves as legal counsel to the public body that the officer or employe serves, unless one of the following applies:
946.13(11)(a)
(a) The individual has an interest in that law firm greater than 2% of its net profit or loss.
946.13(11)(b)
(b) The individual participates in making a contract between that public body and that law firm or exercises any official discretion with respect to a contract between them.
946.13(11)(c)
(c) The individual's compensation from the law firm directly depends on the individual's procurement of business with public bodies.
