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;
1997 a. 35,
283.
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
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).
946.42 Annotation
As used in sub. (1) (a) "medical care" includes treatment at drug and alcohol rehabilitation centers. State v. Sevelin, 204 W (2d) 127, 554 NW (2d) 521 (Ct. App. 1996).
946.42 Annotation
Failure to return to jail while on work release from incarceration for failure to pay a municipal fine is escape under this section. State v. Smith, 214 W (2d) 540, 571 NW (2d) 412 (Ct. App. 1997).
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, extended supervision or parole. Whoever intentionally aids or encourages a parolee, probationer or person on extended supervision 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, extended supervision 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).
946.47 Annotation
The application of this section is not restricted to persons wanted for conduct constituting a felony for which there has been no conviction, but also applies to persons previously convicted of a felony who are sought for other reasons. State v. Schmidt, 221 W (2d) 189 585 NW (2d) 16 (Ct. App. 1998).
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).
946.49 Annotation
A court in sentencing a defendant for a violation of this section may take into account the underlying acts that resulted in the violation. State v. Schordie, 214 W (2d) 229, 570 NW (2d) 881 (Ct. App. 1997).
946.49 Annotation
Charging a defendant with 2 counts of bail jumping where the defendant violated multiple conditions of a single bond was not multiplicitous. State v. Anderson, 219 W (2d) 740, 580 NW (2d) 329 (1998).
946.495
946.495
Violation of nonsecure custody order. If a person has been placed in nonsecure custody by an intake worker under
s. 938.207 or by a judge or juvenile court commissioner under
s. 938.21 (4) and the person is alleged to be delinquent under
s. 938.12, alleged to be in need of protection or services under
s. 938.13 (12) or has been taken into custody for committing an act that is a violation of a state or federal criminal law, the person is guilty of a Class A misdemeanor if he or she intentionally fails to comply with the conditions of his or her placement in nonsecure custody.
946.495 History
History: 1997 a. 328.
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:
