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
946.61(1)(b)
(b) Accepts any property or any pecuniary advantage, knowing that such property or pecuniary advantage was transferred to him or her or on his or her behalf with intent to induce him or her 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.
946.61(2)
(2) This section does not apply to a person who is charged with a crime, or any person acting in his or her behalf, who transfers property to which he or she believes the other is legally entitled.
946.61 Annotation
A conviction under this section cannot be sustained where the evidence shows the defendant only transferred property to induce false testimony. State v. Duda, 60 W (2d) 431, 210 NW (2d) 763.
946.61 Annotation
This section only prohibits paying a person to "refrain" from testifying and does not include influencing testimony. State v. Manthey, 169 W (2d) 673, 487 NW (2d) 44 (Ct. App. 1992).
946.64
946.64
Communicating with jurors. Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class E felony.
946.64 History
History: 1977 c. 173.
946.65
946.65
Obstructing justice. 946.65(1)(1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class E felony.
946.65(2)
(2) "Officer of any court" includes the judge, reporter, bailiff and district attorney.
946.65 History
History: 1977 c. 173.
946.65 Annotation
Only conduct which involves third party contracting with another to give false information to court officer in attempt to influence performance of officer's official function is proscribed by this section. State v. Howell, 141 W (2d) 58, 414 NW (2d) 54 (Ct. App. 1987).
946.67
946.67
Compounding crime. 946.67(1)(1) Whoever receives any property in return for a promise, express or implied, to refrain from prosecuting a crime or to refrain from giving information bearing on the probable success of a criminal prosecution is guilty of a Class A misdemeanor.
946.67(2)
(2) Subsection (1) does not apply if the act upon which the actual or supposed crime is based has caused a loss for which a civil action will lie and the person who has sustained such loss reasonably believes that he or she is legally entitled to the property received.
946.67(3)
(3) No promise mentioned in this section shall justify the promisor in refusing to testify or to produce evidence against the alleged criminal when subpoenaed to do so.
946.67 History
History: 1977 c. 173;
1993 a. 486.
946.68
946.68
Simulating legal process. 946.68(1)
(1) Whoever sends or delivers to another any document which simulates a summons, complaint, or court process with intent thereby to induce payment of a claim is guilty of a Class B misdemeanor.
946.68(2)
(2) Proof that the document was mailed or was delivered to any person with intent that it be forwarded to the intended recipient is sufficient proof of sending.
946.68(3)
(3) This section applies even though the simulating document contains a statement to the effect that it is not legal process.
946.68(4)
(4) Violation of this section may be prosecuted in either the county where the document was sent or the county in which it was delivered.
946.68 History
History: 1977 c. 173.
946.69
946.69
Falsely assuming to act as a public officer or employe or a utility employe. 946.69(1)
(1) In this section, "utility" means any of the following:
946.69(1)(c)
(c) A cooperative association organized under
ch. 185 to furnish or provide telecommunications service, gas, electricity, power or water.
946.69(2)
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
946.69(2)(a)
(a) Assumes to act in an official capacity or to perform an official function, knowing that he or she is not the public officer or public employe or the employe of a utility that he or she assumes to be.
946.69(2)(b)
(b) Exercises any function of a public office, knowing that he or she has not qualified so to act or that his or her right so to act has ceased.
946.69 Annotation
Sub. (1) is not unconstitutionally vague or overbroad. State v. Wickstrom, 118 W (2d) 339, 348 NW (2d) 183 (Ct. App. 1984).
946.70
946.70
Impersonating peace officers. 946.70(1)
(1) Except as provided in
sub. (2), whoever impersonates a peace officer with intent to mislead others into believing that the person is actually a peace officer is guilty of a Class A misdemeanor.
946.70(2)
(2) Any person violating
sub. (1) with the intent to commit or aid or abet the commission of a crime other than the crime under this section is guilty of a Class D felony.
