946.40 Annotation
In certain circumstances peace officer may command medical staff at hospital or clinic to gather evidence from sexual assault victim.
72 Atty. Gen. 107.
946.41
946.41
Resisting or obstructing officer. 946.41(1)
(1) Whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority, is guilty of a Class A misdemeanor.
946.41(2)(a)
(a) "Obstructs" includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.
946.41(2)(b)
(b) "Officer" means a peace officer or other public officer or public employe having the authority by virtue of the officer's or employe's office or employment to take another into custody.
946.41(2m)
(2m) Whoever violates
sub. (1) under all of the following circumstances is guilty of a Class D felony:
946.41(2m)(a)
(a) The violator gives false information or places physical evidence with intent to mislead an officer.
946.41(2m)(b)
(b) At a criminal trial, the trier of fact considers the false information or physical evidence.
946.41(2m)(c)
(c) The trial results in the conviction of an innocent person.
946.41(3)
(3) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer's superior for any damages adjudged against either of them by reason thereof.
946.41 Annotation
State must prove that accused knew officer was acting in official capacity and knew officer was acting with lawful authority when accused allegedly resisted or obstructed officer. State v. Lossman, 118 W (2d) 526, 348 NW (2d) 159 (1984).
946.41 Annotation
Defendant's refusal to identify self did not obstruct officer. State v. Hamilton, 120 W (2d) 532, 356 NW (2d) 169 (1984).
946.41 Annotation
Knowingly providing false information with intent to mislead is obstruction as matter of law. State v. Caldwell, 154 W (2d) 683, 454 NW (2d) 13 (Ct. App. 1990).
946.41 Annotation
No law allows officers to arrest for obstruction on a person's refusal to give his or her name. Mere silence is insufficient to constitute obstruction. Henes v. Morrissey, 194 W (2d) 339, 533 NW (2d) 802 (1995).
946.41 Annotation
Fleeing and hiding from an officer may constitute obstructing. State v. Grobstick, 200 W (2d) 242, 546 NW (2d) 494 (1996).
946.415
946.415
Failure to comply with officer's attempt to take person into custody. 946.415(2)
(2) Whoever intentionally does all of the following is guilty of a Class E felony:
946.415(2)(a)
(a) Refuses to comply with an officer's lawful attempt to take him or her into custody.
946.415(2)(b)
(b) Retreats or remains in a building or place and, through action or threat, attempts to prevent the officer from taking him or her into custody.
946.415(2)(c)
(c) While acting under
pars. (a) and
(b), remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless of whether he or she has a dangerous weapon.
946.415 History
History: 1995 a. 93.
946.42(1)(a)
(a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in
s. 938.02 (15m), a secured child caring institution, as defined in
s. 938.02 (15g), a secure detention facility, as defined in
s. 938.02 (16), a Type 2 child caring institution, as defined in
s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under
s. 48.366,
938.183,
938.34 (4d),
(4h) or
(4m) or
938.357 (4) or
(5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under
s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under
s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer or parolee by the department of corrections or a probation or parole officer or the custody of a person who has been released to aftercare supervision under
ch. 938 unless the person is in actual custody or is subject to a confinement order under
s. 973.09 (4).
946.42(1)(b)
(b) "Escape" means to leave in any manner without lawful permission or authority.
946.42(1)(c)
(c) "Legal arrest" includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a child into custody under
s. 938.19.
946.42(2)
(2) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class A misdemeanor:
946.42(2)(a)
(a) Pursuant to a legal arrest for or lawfully charged with or convicted of a violation of a statutory traffic regulation, a statutory offense for which the penalty is a forfeiture or a municipal ordinance.
946.42(2)(b)
(b) Lawfully taken into custody under
s. 938.19 for a violation of or lawfully alleged or adjudged under
ch. 938 to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.
946.42(2)(c)
(c) Pursuant to a civil arrest or body execution.
946.42(3)
(3) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class D felony:
946.42(3)(a)
(a) Pursuant to a legal arrest for, lawfully charged with or convicted of or sentenced for a crime.
946.42(3)(b)
(b) Lawfully taken into custody under
s. 938.19 for or lawfully alleged or adjudged under
ch. 938 to be delinquent on the basis of a violation of a criminal law.
946.42(3)(e)
(e) In custody under the circumstances described in
sub. (2) and leaves the state to avoid apprehension. Leaving the state and failing to return is prima facie evidence of intent to avoid apprehension.
946.42(3)(f)
(f) Pursuant to a legal arrest as a fugitive from justice in another state.
946.42(3)(g)
(g) Committed to the department of health and family services under
ch. 971 or
975.
946.42(4)(a)(a) Except as provided in
par. (b), a court shall impose a sentence under this section consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when he or she escaped.
946.42(4)(b)
(b) If the person escaped while serving a sentence to the intensive sanctions program, a court may impose a sentence under this section concurrent to the sentence to the intensive sanctions program.
946.42 History
History: 1971 c. 164 s.
89;
1975 c. 39;
1977 c. 173,
312,
354,
418;
1985 a. 320;
1987 a. 27,
238,
352;
1987 a. 403 ss.
238,
239,
256;
1989 a. 31;
1993 a. 16,
377,
385,
491;
1995 a. 27 ss.
7233m,
7233p,
9126 (19);
1995 a. 77,
154,
352,
390.
946.42 Annotation
There is no denial of equal protection in the punishment under (3) (d) of persons committed under the sex crimes law where persons civilly committed are not subject to the same statute, because although both have a need for specialized care and treatment, only defendants convicted of crimes and recommended for commitment by the H&SS department may be sentenced under the Sex Crimes Act, thus affording a rational basis for the disparate treatment. State v. Neutz, 69 W (2d) 292, 230 NW (2d) 806.
946.42 Annotation
In the case of a probationer under the supervision of the H&SS department, the custody required by sub. (5) (b), 1983 stats. [now sub. (1) (a)], as a predicate to escape excludes "constructive custody," which connotes a mere power, legal or physical, of imprisoning and is limited to "actual custody," which includes imprisonment or physical detention; but a probationer may be in both constructive and actual custody, and the fact that he is in constructive custody does not preclude the possibility of an escape from actual custody. State v. Schaller, 70 W (2d) 107, 233 NW (2d) 416.
946.42 Annotation
Defendant's escape under the work-release statute, 56.065, was an escape under s. 946.42 (3). Brown v. State, 73 W (2d) 703, 245 NW (2d) 670.
946.42 Annotation
Because an individual committed under ch. 975 has not been sentenced within the meaning of (4), a sentence for an escape from commitment custody need not be served consecutive to the commitment. State v. Hungerford, 76 W (2d) 171, 251 NW (2d) 9.
946.42 Annotation
Sentence for escape conviction may be consecutive to sex crime commitment. State v. Kruse, 101 W (2d) 387, 305 NW (2d) 85 (1981).
946.42 Annotation
It isn't necessary to leave physical boundaries of institution to complete act of "escape". State v. Sugden, 143 W (2d) 728, 422 NW (2d) 624 (1988).
946.42 Annotation
Under Sub. (5) (b), 1985 stats., [now sub. (1) (a)], individual is "in custody" once freedom of movement is restricted; one lawfully arrested may not leave without permission. State v. Adams, 152 W (2d) 68, 447 NW (2d) 90 (Ct. App. 1989).
946.42 Annotation
A person can be "in custody" without being under "legal arrest", but a person cannot be under "legal arrest" without being "in custody". State v. Hoffman, 163 W (2d) 752, 472 NW (2d) 558 (Ct. App. 1991).
946.42 Annotation
Traffic regulation under (2) (a) does not include any offense punishable as a crime. State v. Beasley, 165 W (2d) 97, 477 NW (2d) 57 (Ct. App. 1991).
946.42 Annotation
Upon conviction of a crime a person is in custody regardless of physical control. Leaving without the court's granting release is escape. State v. Scott, 191 W (2d) 146, 528 NW (2d) 46 (Ct. App. 1995).
946.425
946.425
Failure to report to jail. 946.425(1)
(1) Any person who is subject to a series of periods of imprisonment under
s. 973.03 (5) (b) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D felony.
946.425(1m)(a)(a) Any person who receives a stay of execution of a sentence of imprisonment of less than 10 days to a county jail under
s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class A misdemeanor.
946.425(1m)(b)
(b) Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under
s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D felony.
946.425(1r)(a)(a) Any person who is subject to a confinement order under
s. 973.09 (4) as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.
946.425(1r)(b)
(b) Any person who is subject to a confinement order under
s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class D felony.
946.425(2)
(2) A court shall impose a sentence under this section consecutive to any sentence previously imposed or that may be imposed for any crime or offense for which the person was sentenced under
s. 973.03 (5) (b) or
973.15 (8) (a), consecutive to any sentence that may apply to the person under
s. 973.10 (2) or consecutive to any confinement order under
s. 973.09 (4) previously issued by a court regarding the person.
946.425(3)
(3) A prosecutor may not charge a person with violating both
subs. (1) and
(1m) regarding the same incident or occurrence.
946.43
946.43
Assaults by prisoners. Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class C felony:
946.43(1)
(1) Places an officer, employe, visitor or another inmate of such prison or institution in apprehension of an immediate battery likely to cause death or great bodily harm; or
946.43(2)
(2) Confines or restrains an officer, employe, visitor or another inmate of such prison or institution without the person's consent.
946.43 History
History: 1977 c. 173,
273.
946.44
946.44
Assisting or permitting escape. 946.44(1)
(1) Whoever does the following is guilty of a Class D felony:
946.44(1)(a)
(a) Any officer or employe of an institution where prisoners are detained who intentionally permits a prisoner in the officer's or employe's custody to escape; or
946.44(1)(b)
(b) Whoever with intent to aid any prisoner to escape from custody introduces into the institution where the prisoner is detained or transfers to the prisoner anything adapted or useful in making an escape.
946.44(1g)
(1g) Any public officer or public employe who violates
sub. (1) (a) or
(b) is guilty of a Class C felony.
946.44(1m)
(1m) Whoever intentionally introduces into an institution where prisoners are detained or transfers to a prisoner any firearm, whether loaded or unloaded, or any article used or fashioned in a manner to lead another person to believe it is a firearm, is guilty of a Class C felony.
946.44(2)(c)
(c) "Institution" includes a secured correctional facility, as defined in
s. 938.02 (15m), a secured child caring institution, as defined in
s. 938.02 (15g), and a Type 2 child caring institution, as defined in
s. 938.02 (19r).
946.44(2)(d)
(d) "Prisoner" includes a person who is under the supervision of the department of corrections under
s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under
s. 938.34 (4m) or
938.357 (4) or
(5) (e) or placed in a Type 2 child caring institution under
s. 938.34 (4d) or who is subject to an order under
s. 48.366.
946.44 History
History: 1977 c. 173;
1985 a. 320;
1987 a. 27,
236,
238,
403;
1989 a. 31,
107;
1993 a. 16,
377,
385,
486,
491;
1995 a. 27,
77,
352.
946.45
946.45
Negligently allowing escape. 946.45(1)
(1) Any officer or employe of an institution where prisoners are detained who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.
946.45(2)(c)
(c) "Institution" includes a secured correctional facility, as defined in
s. 938.02 (15m), a secured child caring institution, as defined in
s. 938.02 (15g), and a Type 2 child caring institution, as defined in
s. 938.02 (19r).
946.45(2)(d)
(d) "Prisoner" includes a person who is under the supervision of the department of corrections under
s. 938.34 (4h) or placed in a secured correctional facility or secured child caring institution under
s. 938.34 (4m) or
938.357 (4) or
(5) (e) or placed in a Type 2 child caring institution under
s. 938.34 (4d) or who is subject to an order under
s. 48.366.
