939.63(1)(b)
(b) The increased penalty provided in this subsection does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.
939.63(2)
(2) Whoever is convicted of committing a felony while possessing, using or threatening to use a dangerous weapon shall be sentenced to a minimum term of years in prison, unless the sentencing court otherwise provides. The minimum term for the first application of this subsection is 3 years. The minimum term for any subsequent application of this subsection is 5 years. If the court places the person on probation or imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for so doing on the record.
939.63 Annotation
The fact that the maximum term for a misdemeanor may exceed one year under sub. (1) (a) 1. does not upgrade the crime to felony status. State v. Denter,
121 Wis. 2d 118,
357 N.W.2d 555 (1984).
939.63 Annotation
Possession encompasses both actual and constructive possession. To prove a violation of this section, the state must prove that the defendant possessed the weapon to facilitate the predicate offense. State v. Peete,
185 Wis. 2d 255,
517 N.W.2d 149 (1994). See also State v. Howard,
211 Wis. 2d 269,
564 N.W.2d 753 (1997).
939.63 Annotation
An automobile may constitute a dangerous weapon under s. 939.22 (10). State v. Bidwell,
200 Wis. 2d 200,
546 N.W.2d 507 (Ct. App. 1996).
939.632
939.632
Penalties; violent crime in a school zone. 939.632(1)(a)
(a) "School" means a public, parochial or private school that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
939.632(1)(c)
(c) "School premises" means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.
939.632(1)(d)3.
3. On a school bus or public transportation transporting students to and from a public or private school.
939.632(1)(d)3m.
3m. At school bus stops where students are waiting for a school bus or are being dropped off by a school bus.
939.632(1)(e)1.
1. Any felony under
s. 940.01,
940.02,
940.03,
940.05,
940.09 (1),
940.19 (2),
(3),
(4) or
(5),
940.21,
940.225 (1),
(2) or
(3),
940.305,
940.31,
941.20,
941.21,
943.02,
943.06,
943.10 (2),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(c),
948.05,
948.055,
948.07,
948.08,
948.30 (2),
948.35 (1) (b) or
(c) or
948.36.
939.632(2)
(2) If a person commits a violent crime in a school zone, the maximum period of imprisonment is increased as follows:
939.632(2)(a)
(a) If the violent crime is a felony, the maximum period of imprisonment is increased by 5 years.
939.632(2)(b)
(b) If the violent crime is a misdemeanor, the maximum period of imprisonment is increased by 3 months and the place of imprisonment is the county jail.
939.632(3)(a)(a) In addition to any other penalties that may apply to the crime under
sub. (2), the court may require the person to complete 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order. Any organization or agency acting in good faith to which a defendant is assigned under an order under this paragraph has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
939.632(3)(b)
(b) The court shall not impose the requirement under
par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.
939.632(4)
(4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in
sub. (2).
939.632 History
History: 1995 a. 22.
939.635
939.635
Penalties; assault or battery in secured juvenile facilities or to aftercare agent. 939.635(1)
(1) Except as provided in
sub. (2), if a person who has been adjudicated delinquent is convicted of violating
s. 940.20 (1) while placed in a secured correctional facility, as defined in
s. 938.02 (15m), a secure detention facility, as defined in
s. 938.02 (16), a secured child caring institution, as defined in
s. 938.02 (15g), or a secured group home, as defined in
s. 938.02 (15p), or is convicted of violating
s. 940.20 (2m), the court shall sentence the person to not less than 3 years of imprisonment. Except as provided in
sub. (2), if a person is convicted of violating
s. 946.43 (1m) while placed in a secured correctional facility, as defined in
s. 938.02 (15m), a secure detention facility, as defined in
s. 938.02 (16), a secured child caring institution, as defined in
s. 938.02 (15g), or a secured group home, as defined in
s. 938.02 (15p), the court shall sentence the person to not less than 5 years of imprisonment.
939.635(2)
(2) Notwithstanding
sub. (1), a court may place a person who is subject to
sub. (1) on probation or impose on that person a sentence that is less than the applicable presumptive minimum sentence specified in
sub. (1) only if the court makes all of the following findings of fact and places on the record its reasons for imposing probation or that lesser sentence:
939.635(2)(a)
(a) That placing the person on probation or imposing a lesser sentence would not depreciate the seriousness of the offense.
939.635(2)(b)
(b) That imposing the applicable presumptive minimum sentence specified in
sub. (1) is not necessary to deter the person or other persons from committing violations of
s. 940.20 (1) or
946.43 (1m) or other similar offenses while placed in a secured correctional facility, as defined in
s. 938.02 (15m), a secure detention facility, as defined in
s. 938.02 (16), or a secured child caring institution, as defined in
s. 938.02 (15g), or a secured group home, as defined in
s. 938.02 (15p), or from committing violations of
s. 940.20 (2m).
939.635 Annotation
This section does not violate a defendant's right of equal protection. State v. Martin,
191 Wis. 2d 647,
530 N.W.2d 420 (Ct. App. 1995).
939.64
939.64
Penalties; use of bulletproof garment. 939.64(1)
(1) In this section, "bulletproof garment" means a vest or other garment designed, redesigned or adapted to prevent bullets from penetrating through the garment.
939.64(2)
(2) If a person commits a felony while wearing a bulletproof garment, the maximum term of imprisonment prescribed by law for that crime may be increased by 10 years.
939.64 History
History: 1983 a. 478;
1995 a. 340.
939.641
939.641
Penalty; concealing identity. If a person commits a crime while his or her usual appearance has been concealed, disguised or altered, with intent to make it less likely that he or she will be identified with the crime, the penalties may be increased as follows:
939.641(1)
(1) In case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $10,000 and the maximum term of imprisonment prescribed by law for the crime may be increased so that the revised maximum term of imprisonment is one year in the county jail.
939.641(2)
(2) In case of a felony, the maximum fine prescribed by law for the crime may be increased by not more than $10,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
939.641 History
History: 1977 c. 173;
1985 a. 104 s.
2.
939.645
939.645
Penalty; crimes committed against certain people or property. 939.645(1)(1) If a person does all of the following, the penalties for the underlying crime are increased as provided in
sub. (2):
939.645(1)(b)
(b) Intentionally selects the person against whom the crime under
par. (a) is committed or selects the property that is damaged or otherwise affected by the crime under
par. (a) in whole or in part because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor's belief or perception was correct.
939.645(2)(a)(a) If the crime committed under
sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period of imprisonment is one year in the county jail.
939.645(2)(b)
(b) If the crime committed under
sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period of imprisonment is 2 years.
939.645(2)(c)
(c) If the crime committed under
sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
939.645(3)
(3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in
sub. (1).
939.645(4)
(4) This section does not apply to any crime if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person's perception or belief regarding another's race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that crime.
939.645 History
History: 1987 a. 348;
1991 a. 291.
939.645 Annotation
Hate Crimes: New Limits on the Scope of the 1st Amendment. Resler. 77 MLR 415 (1993).
939.645 Annotation
Talking about Hate Speech: A Rhetorical Analysis of American and Canadian Regulation of Hate Speech. Moran. 1994 WLR 1425.
939.645 Annotation
Hate Crimes. Kassel. Wis. Law. Oct. 1992.
939.646
939.646
Penalty; crimes committed using information obtained from the sex offender registry. If a person commits a crime using information that was disclosed to him or her under
s. 301.46, the penalties may be increased as follows:
939.646(1)
(1) In case of a misdemeanor, the maximum fine prescribed by law for the crime may be increased by not more than $1,000 and the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 6 months. This subsection does not change the status of the crime from a misdemeanor to a felony.
939.646(2)
(2) In case of a felony, the maximum term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.
939.646 History
History: 1995 a. 440.
939.647
939.647
Increased penalty; violent felony committed against elder person. 939.647(1)(a)
(a) "Elder person" means any individual who is 62 years of age or older.
939.647(2)
(2) If a person commits a violent felony and the victim of the violent felony is an elder person, the maximum period of imprisonment is increased by 5 years.
939.647(3)
(3) Subsection (2) applies even if the person mistakenly believed that the victim had not attained the age of 62 years.
939.647(4)
(4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in
sub. (2).
939.647 History
History: 1997 a. 266.
939.648
939.648
Penalty; terrorism. 939.648(1)(1) In this section, "governmental unit" means the United States; the state; any county, city, village or town; or any political subdivision, department, division, board or agency of the United States, the state or any county, city, village or town.
939.648(2)
(2) If a person does all of the following, the penalties for the underlying felony are increased as provided in
sub. (3):
939.648(2)(b)
(b) Commits the felony under any of the following circumstances:
939.648(2)(b)1.
1. The person causes bodily harm, great bodily harm or death to another.
939.648(2)(b)2.
2. The person causes damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For the purposes of this subdivision, property is reduced in value by the amount that it would cost either to repair or replace it, whichever is less.
939.648(2)(b)3.
3. The person uses force or violence or the threat of force or violence.
939.648(2)(c)
(c) Commits the felony with the intent to influence the policy of a governmental unit or to punish a governmental unit for a prior policy decision.
939.648(3)
(3) The maximum fine prescribed by law for the felony may be increased by not more than $50,000 and the maximum period of imprisonment prescribed by law for the felony may be increased by not more than 10 years.
939.648(4)
(4) This section provides for the enhancement of the penalties applicable for the underlying felony. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in
sub. (2).
939.648(5)(a)(a) In this subsection, "labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
939.648(5)(b)
(b) This section does not apply to conduct arising out of or in connection with a labor dispute.
939.648 History
History: 1993 a. 98.
RIGHTS OF THE PROSECUTION.
939.65
939.65
Prosecution under more than one section permitted. Except as provided in
s. 948.025 (3), if an act forms the basis for a crime punishable under more than one statutory provision, prosecution may proceed under any or all such provisions.
939.65 History
History: 1993 a. 227.
