939.48(2)(b) (b) The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant.
939.48(2)(c) (c) A person who provokes an attack, whether by lawful or unlawful conduct, with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant is not entitled to claim the privilege of self-defense.
939.48(3) (3) The privilege of self-defense extends not only to the intentional infliction of harm upon a real or apparent wrongdoer, but also to the unintended infliction of harm upon a 3rd person, except that if the unintended infliction of harm amounts to the crime of first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, first-degree or 2nd-degree reckless injury or injury by negligent handling of dangerous weapon, explosives or fire, the actor is liable for whichever one of those crimes is committed.
939.48(4) (4) A person is privileged to defend a third person from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend himself or herself from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such that the third person would be privileged to act in self-defense and that the person's intervention is necessary for the protection of the third person.
939.48(5) (5) A person is privileged to use force against another if the person reasonably believes that to use such force is necessary to prevent such person from committing suicide, but this privilege does not extend to the intentional use of force intended or likely to cause death.
939.48(6) (6) In this section "unlawful" means either tortious or expressly prohibited by criminal law or both.
939.48 History History: 1987 a. 399; 1993 a. 486.
939.48 Note Judicial Council Note, 1988: Sub. (3) is amended by conforming references to the statute titles as affected by this bill. [Bill 191-S]
939.48 Annotation When a defendant testifies he did not intend to shoot or use force, he cannot claim self-defense. Cleghorn v. State, 55 W (2d) 466, 198 NW (2d) 577.
939.48 Annotation Sub. (2) (b) is inapplicable to the defendant where the nature of the initial provocation is the gun-in-hand confrontation of an intended victim by a self-identified robber, for under these circumstances the intended victim is justified in the use of force in the exercise of his right of self-defense. Ruff v. State, 65 W (2d) 713, 223 NW (2d) 446.
939.48 Annotation Whether defendant's belief was reasonable under (1) and (4) depends, in part, upon parties' personal characteristics and histories and whether events were continuous. State v. Jones, 147 W (2d) 806, 434 NW (2d) 380 (1989).
939.48 Annotation Discussion of self-defense and evidence of victim's reputation for violence. State v. Daniels, 160 W (2d) 85, 465 NW (2d) 633 (1991).
939.48 Annotation Imperfect self-defense contains an initial threshold element requiring a reasonable belief that the defendant was terminating an unlawful interference with his or her person. State v. Camacho, 176 W (2d) 860, 501 NW (2d) 380 (1993).
939.48 Annotation The reasonableness of a person's belief under sub. (1) is judged from the position of a person of ordinary intelligence and prudence in the same situation as the defendant, not a person identical to the defendant placed in the same situation as the defendant. A defendant's psycho-social history showing past violence toward the defendant is generally not relevant to this objective standard, although it may be relevant, as in spousal abuse cases, where the actors are the homicide victim and defendant. State v. Hampton, 207 W (2d) 369, 558 NW (2d) 884 (Ct. App. 1996).
939.48 Annotation The right to resist unlawful arrest is not part of the statutory right to self defense, but is a common law privilege which is abrogated. State v. Hobson, 218 W (2d) 350, 577 NW (2d) 825 (1998).
939.48 Annotation A person may employ deadly force against another, if such person reasonably believes such force necessary to protect a 3rd person or one's self from imminent death or great bodily harm, without incurring civil liability for injury to the other. Clark v. Ziedonis, 513 F (2d) 79.
939.48 Annotation Self-defense—prior acts of the victim. 1974 WLR 266.
939.48 Annotation State v. Camacho: The Judicial Creation of an Objective Element to Wisconsin's Law of Imperfect Self-defense Homicide. Leiser. 1995 WLR 742.
939.49 939.49 Defense of property and protection against retail theft.
939.49(1)(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person's property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property.
939.49(2) (2) A person is privileged to defend a 3rd person's property from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend his or her own property from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such as would give the 3rd person the privilege to defend his or her own property, that his or her intervention is necessary for the protection of the 3rd person's property, and that the 3rd person whose property the person is protecting is a member of his or her immediate family or household or a person whose property the person has a legal duty to protect, or is a merchant and the actor is the merchant's employe or agent. An official or adult employe or agent of a library is privileged to defend the property of the library in the manner specified in this subsection.
939.49(3) (3) In this section "unlawful" means either tortious or expressly prohibited by criminal law or both.
939.49 History History: 1979 c. 245; 1981 c. 270; 1993 a. 486.
939.49 Annotation Flight on the part of one suspected of a felony does not, of itself, warrant the use of deadly force by an arresting officer and it is only in certain aggravated circumstances that a police officer may shoot the person he is attempting to arrest. Clark v. Ziedonis, 368 F Supp. 544.
PENALTIES.
939.50 939.50 Classification of felonies.
939.50(1) (1) Except as provided in ss. 946.83 and 946.85, felonies in chs. 939 to 951 are classified as follows:
939.50(1)(a) (a) Class A felony.
939.50(1)(b) (b) Class B felony.
939.50(1)(bc) (bc) Class BC felony.
939.50(1)(c) (c) Class C felony.
939.50(1)(d) (d) Class D felony.
939.50(1)(e) (e) Class E felony.
939.50(2) (2) A felony is a Class A, B, BC, C, D or E felony when it is so specified in chs. 939 to 951.
939.50(3) (3) Penalties for felonies are as follows:
939.50(3)(a) (a) For a Class A felony, life imprisonment.
939.50(3)(b) (b) For a Class B felony, imprisonment not to exceed 40 years.
Effective date note NOTE: Par. (b) is amended eff. 12-31-99 by 1997 Wis. Act 283 to read:
Effective date text (b) For a Class B felony, imprisonment not to exceed 60 years.
939.50(3)(bc) (bc) For a Class BC felony, a fine not to exceed $10,000 or imprisonment not to exceed 20 years, or both.
Effective date note NOTE: Par. (bc) is amended eff. 12-31-99 by 1997 Wis. Act 283 to read:
Effective date text (bc) For a Class BC felony, a fine not to exceed $10,000 or imprisonment not to exceed 30 years, or both.
939.50(3)(c) (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.
Effective date note NOTE: Par. (c) is amended eff. 12-31-99 by 1997 Wis. Act 283 to read:
Effective date text (c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 15 years, or both.
939.50(3)(d) (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
Effective date note NOTE: Par. (d) is amended eff. 12-31-99 by 1997 Wis. Act 283 to read:
Effective date text (d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.
939.50(3)(e) (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 years, or both.
Effective date note NOTE: Par. (e) is amended eff. 12-31-99 by 1997 Wis. Act 283 to read:
Effective date text (e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
939.51 939.51 Classification of misdemeanors.
939.51(1) (1) Misdemeanors in chs. 939 to 951 are classified as follows:
939.51(1)(a) (a) Class A misdemeanor.
939.51(1)(b) (b) Class B misdemeanor.
939.51(1)(c) (c) Class C misdemeanor.
939.51(2) (2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951.
939.51(3) (3) Penalties for misdemeanors are as follows:
939.51(3)(a) (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
939.51(3)(b) (b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
939.51(3)(c) (c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
939.51 History History: 1977 c. 173; 1987 a. 332 s. 64; 1997 a. 35.
939.52 939.52 Classification of forfeitures.
939.52(1) (1) Except as provided in ss. 946.86 and 946.87, forfeitures in chs. 939 to 951 are classified as follows:
939.52(1)(a) (a) Class A forfeiture.
939.52(1)(b) (b) Class B forfeiture.
939.52(1)(c) (c) Class C forfeiture.
939.52(1)(d) (d) Class D forfeiture.
939.52(1)(e) (e) Class E forfeiture.
939.52(2) (2) A forfeiture is a Class A, B, C, D or E forfeiture when it is so specified in chs. 939 to 951.
939.52(3) (3) Penalties for forfeitures are as follows:
939.52(3)(a) (a) For a Class A forfeiture, a forfeiture not to exceed $10,000.
939.52(3)(b) (b) For a Class B forfeiture, a forfeiture not to exceed $1,000.
939.52(3)(c) (c) For a Class C forfeiture, a forfeiture not to exceed $500.
939.52(3)(d) (d) For a Class D forfeiture, a forfeiture not to exceed $200.
939.52(3)(e) (e) For a Class E forfeiture, a forfeiture not to exceed $25.
939.60 939.60 Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.
939.60 History History: 1977 c. 418 s. 924 (18) (e).
939.60 Annotation Legislature is presumed to have been aware of many existing statutes carrying sentences of one year or less with no place of confinement specified when it enacted predecessor to 973.02 as chapter 154, laws of 1945. State ex rel. McDonald v. Douglas Cty. Cir. Ct. 100 W (2d) 569, 302 NW (2d) 462 (1981).
939.61 939.61 Penalty when none expressed.
939.61(1) (1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.
939.61(2) (2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.
939.61(3) (3) Common law penalties are abolished.
939.61 History History: 1977 c. 173.
939.61 Annotation See note to 779.41, citing 63 Atty. Gen. 81.
939.615 939.615 Lifetime supervision of serious sex offenders.
939.615(1)(1)Definitions. In this section:
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