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(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)(b)
(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 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 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 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 5 years, or both.
939.51
939.51
Classification of misdemeanors. 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.
939.52
939.52
Classification of forfeitures. 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
A statutory offense punishable by imprisonment of one year or less in an unspecified place of confinement may result in confinement in a state prison and, therefore, is a felony, regardless of the classification of the offense at the time of the statute's enactment. State ex rel. McDonald v. Douglas County Circuit Ct.
100 Wis. 2d 569,
302 N.W.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.
939.615
939.615
Lifetime supervision of serious sex offenders. 939.615(1)(a)
(a) "Department" means the department of corrections.
939.615(1)(b)
(b) "Serious sex offense" means any of the following:
939.615(1)(b)1.
1. A violation, or the solicitation, conspiracy or attempt to commit a violation, of
s. 940.22 (2),
940.225 (1),
(2) or
(3),
948.02 (1) or
(2),
948.025 (1),
948.05 (1) or
(1m),
948.055 (1),
948.06,
948.07,
948.08,
948.11 (2) (a),
948.12 or
948.13.
939.615(1)(b)2.
2. A violation, or the solicitation, conspiracy or attempt to commit a violation, under
ch. 940,
943,
944 or
948 other than a violation specified in
subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor's sexual arousal or gratification.
939.615(2)
(2) When lifetime supervision may be ordered. 939.615(2)(a)(a) Except as provided in
par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under
s. 971.17, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under
s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.
939.615(2)(b)
(b) A court may not place a person on lifetime supervision under this section if the person was previously placed on lifetime supervision under this section for a prior conviction for a serious sex offense or a prior finding of not guilty of a serious sex offense by reason of mental disease or defect and that previous placement on lifetime supervision has not been terminated under
sub. (6).
939.615(2)(c)
(c) If the prosecutor is seeking lifetime supervision for a person who is charged with committing a serious sex offense specified in
sub. (1) (b) 2., the court shall direct that the trier of fact find a special verdict as to whether the conduct constituting the offense was for the actor's sexual arousal or gratification.
939.615(3)
(3) When lifetime supervision begins. Subject to
sub. (4), the period of lifetime supervision on which a person is placed under this section shall begin at whichever of the following times is applicable:
939.615(3)(a)
(a) If the person is placed on probation for the serious sex offense, upon his or her discharge from probation.
939.615(3)(b)
(b) If the person is sentenced to prison for the serious sex offense, upon his or her discharge from parole or extended supervision.
939.615(3)(c)
(c) If the person is sentenced to prison for the serious sex offense and is being released from prison because he or she has reached the expiration date of his or her sentence, upon his or her release from prison.
939.615(3)(d)
(d) If the person has been committed to the department of health and family services under
s. 971.17 for the serious sex offense, upon the termination of his or her commitment under
s. 971.17 (5) or his or her discharge from the commitment under
s. 971.17 (6), whichever is applicable.
939.615(4)
(4) Only one period of lifetime supervision may be imposed. If a person is being sentenced for more than one conviction for a serious sex offense, the court may place the person on one period of lifetime supervision only. A period of lifetime supervision ordered for a person sentenced for more than one conviction begins at whichever of the times specified in
sub. (3) is the latest.
939.615(5)
(5) Status of person placed on lifetime supervision; powers and duties of department. 939.615(5)(a)(a) A person placed on lifetime supervision under this section is subject to the control of the department under conditions set by the court and regulations established by the department that are necessary to protect the public and promote the rehabilitation of the person placed on lifetime supervision.
939.615(5)(am)
(am) The department may temporarily take a person on lifetime supervision into custody if the department has reasonable grounds to believe that the person has violated a condition or regulation of lifetime supervision. Custody under this paragraph may last only as long as is reasonably necessary to investigate whether the person violated a condition or regulation of lifetime supervision and, if warranted, to refer the person to the appropriate prosecuting agency for commencement of prosecution under
sub. (7).
939.615(5)(b)
(b) The department shall charge a fee to a person placed on lifetime supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for persons placed on lifetime supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each person placed on lifetime supervision. The department may decide not to charge a fee while a person placed on lifetime supervision is exempt as provided under
par. (c). The department shall collect moneys for the fees charged under this paragraph and credit those moneys to the appropriation account under
s. 20.410 (1) (gh).
939.615(5)(c)
(c) The department may decide not to charge a fee under
par. (b) to any person placed on lifetime supervision while he or she meets any of the following conditions:
939.615(5)(c)2.
2. Is pursuing a full-time course of instruction approved by the department.
939.615(5)(c)3.
3. Is undergoing treatment approved by the department and is unable to work.
939.615(5)(c)4.
4. Has a statement from a physician certifying to the department that the person should be excused from working for medical reasons.
939.615(6)
(6) Petition for termination of lifetime supervision. 939.615(6)(a)(a) Subject to
par. (b), a person placed on lifetime supervision under this section may file a petition requesting that lifetime supervision be terminated. A person shall file a petition requesting termination of lifetime supervision with the court that ordered the lifetime supervision.
939.615(6)(b)1.1. A person may not file a petition requesting termination of lifetime supervision if he or she has been convicted of a crime that was committed during the period of lifetime supervision.
939.615(6)(b)2.
2. A person may not file a petition requesting termination of lifetime supervision earlier than 15 years after the date on which the period of lifetime supervision began. If a person files a petition requesting termination of lifetime supervision at any time earlier than 15 years after the date on which the period of lifetime supervision began, the court shall deny the petition without a hearing.
939.615(6)(c)
(c) Upon receiving a petition requesting termination of lifetime supervision, the court shall send a copy of the petition to the district attorney responsible for prosecuting the serious sex offense that was the basis for the order of lifetime supervision. Upon receiving a copy of a petition sent to him or her under this paragraph, a district attorney shall conduct a criminal history record search to determine whether the person has been convicted of a criminal offense that was committed during the period of lifetime supervision. No later than 30 days after the date on which he or she receives the copy of the petition, the district attorney shall report the results of the criminal history record search to the court and may provide a written response to the petition.
939.615(6)(d)
(d) After reviewing the report of the district attorney submitted under
par. (c) concerning the results of a criminal history record search, the court shall do whichever of the following is applicable:
939.615(6)(d)1.
1. If the report of the district attorney indicates that the person filing the petition has been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall deny the person's petition without a hearing.
939.615(6)(d)2.
2. If the report of the district attorney indicates that the person filing the petition has not been convicted of a criminal offense that was committed during the period of lifetime supervision, the court shall order the person to be examined under
par. (e), shall notify the department that it may submit a report under
par. (em) and shall schedule a hearing on the petition to be conducted as provided under
par. (f).
