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.
946.46
946.46
Encouraging violation of probation or parole. Whoever intentionally aids or encourages a parolee or probationer or any person committed to the custody or supervision of the department of corrections or a county department under
s. 46.215,
46.22 or
46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole or probation is guilty of a Class A misdemeanor.
946.47
946.47
Harboring or aiding felons. 946.47(1)
(1) Whoever does either of the following is guilty of a Class E felony:
946.47(1)(a)
(a) With intent to prevent the apprehension of a felon, harbors or aids him or her; or
946.47(1)(b)
(b) With intent to prevent the apprehension, prosecution or conviction of a felon, destroys, alters, hides, or disguises physical evidence or places false evidence.
946.47(2)
(2) As used in this section "felon" means either of the following:
946.47(2)(a)
(a) A person who commits an act within the jurisdiction of this state which constitutes a felony under the law of this state; or
946.47(2)(b)
(b) A person who commits an act within the jurisdiction of another state which is punishable by imprisonment for one year or more in a state prison or penitentiary under the law of that state and would, if committed in this state, constitute a felony under the law of this state.
946.47(3)
(3) This section does not apply to the felon or the felon's spouse, parent, grandparent, child, grandchild, brother or sister by consanguinity or affinity of such felon.
946.47 History
History: 1977 c. 173;
1993 a. 486.
946.47 Annotation
Person may be "felon" under (2) (a) even though not convicted of felony. State v. Jones, 98 W (2d) 679, 298 NW (2d) 100 (Ct. App. 1980).
946.48
946.48
Kidnapped or missing persons; false information. 946.48(1)(1) Whoever sends, delivers, or causes to be transmitted to another any written or oral communication with intent to induce a false belief that the sender has knowledge of the whereabouts, physical condition, or terms imposed upon the return of a kidnapped or missing person is guilty of a Class D felony.
946.48(2)
(2) Violation of this section may be prosecuted in either the county where the communication was sent or the county in which it was received.
946.48 History
History: 1977 c. 173.
946.49(1)(1) Whoever, having been released from custody under
ch. 969, intentionally fails to comply with the terms of his or her bond is:
946.49(1)(a)
(a) If the offense with which the person is charged is a misdemeanor, guilty of a Class A misdemeanor.
946.49(1)(b)
(b) If the offense with which the person is charged is a felony, guilty of a Class D felony.
946.49(2)
(2) A witness for whom bail has been required under
s. 969.01 (3) is guilty of a Class E felony for failure to appear as provided.
946.49 History
History: 1977 c. 173.
946.49 Annotation
Under (1) charge underlying bail-jumping charge is not lesser-included offense and punishment for both does not offend double-jeopardy protection. State v. Nelson, 146 W (2d) 442, 432 NW (2d) 115 (Ct. App. 1988).
946.49 Annotation
Conviction under this section resulting from the conviction for another crime committed while released on bail does not constitute double jeopardy. State v. West, 181 W (2d) 792, 510 NW (2d) (Ct. App. 1993).
946.49 Annotation
A defendant released without bail is not subject to a bond and cannot violate this section. State v. Dawson, 195 W (2d) 161, 536 NW (2d) 119 (Ct. App. 1995).
946.50
946.50
Absconding. Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under
chs. 48 and
938 for his or her dispositional hearing under
s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years is guilty of the following:
946.50(1)
(1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.
946.50(2)
(2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.
946.50(3)
(3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony if committed by an adult.
946.50(4)
(4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.
946.50(5)
(5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony if committed by an adult.
946.50(6)
(6) A Class A misdemeanor, if the person was adjudicated delinquent for committing an act that would be a misdemeanor if committed by an adult.
946.50 History
History: 1995 a. 77.
OTHER CRIMES AFFECTING THE
ADMINISTRATION OF GOVERNMENT.
946.60
946.60
Destruction of documents subject to subpoena. 946.60(1)(1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E felony.
946.60(2)
(2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E felony.
946.60(3)
(3) It is not a defense to a prosecution under this section that:
946.60(3)(a)
(a) The document would have been legally privileged or inadmissible in evidence.
946.60(3)(b)
(b) The subpoena was directed to a person other than the defendant.
946.60 History
History: 1981 c. 306.
946.61
946.61
Bribery of witnesses. 946.61(1)
(1) Whoever does any of the following is guilty of a Class D felony:
946.61(1)(a)
(a) With intent to induce another to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee or administrative agency authorized by statute to determine issues of fact, transfers to him or her or on his or her behalf, any property or any pecuniary advantage; or
