940.31(1)(1) Whoever does any of the following is guilty of a Class B felony:
940.31(1)(a)
(a) By force or threat of imminent force carries another from one place to another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(b)
(b) By force or threat of imminent force seizes or confines another without his or her consent and with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will; or
940.31(1)(c)
(c) By deceit induces another to go from one place to another with intent to cause him or her to be secretly confined or imprisoned or to be carried out of this state or to be held to service against his or her will.
940.31(2)(a)(a) Except as provided in
par. (b), whoever violates
sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class A felony.
940.31(2)(b)
(b) Whoever violates
sub. (1) with intent to cause another to transfer property in order to obtain the release of the victim is guilty of a Class B felony if the victim is released without permanent physical injury prior to the time the first witness is sworn at the trial.
940.31 History
History: 1977 c. 173;
1993 a. 194,
486.
940.31 Annotation
A conviction under sub. (1) (c) does not require proof of express or implied misrepresentations. State v. Dalton,
98 Wis. 2d 725,
298 N.W.2d 398 (Ct. App. 1980).
940.31 Annotation
The "service" element under sub. (1) (b) is satisfied by proof of sexual assault. State v. Clement,
153 Wis. 2d 287,
450 N.W.2d 789 (Ct. App. 1989).
940.31 Annotation
Parental immunity does not extend to an agent acting for the parent. State v. Simplot,
180 Wis. 2d 383,
509 N.W.2d 338 (Ct. App. 1993).
940.31 Annotation
Forced movement of a person from one part of a building to another satisfies the "carries another from one place to another" element of sub. (1) (a). State v. Wagner,
191 Wis. 2d 322,
528 N.W.2d 85 (Ct. App. 1995).
940.32(1)(a)
(a) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person.
940.32(1)(b)
(b) "Immediate family" means a spouse, parent, child, sibling, or any other person who regularly resides in the household or who within the prior 6 months regularly resided in the household.
940.32(1)(c)
(c) "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.
940.32(1)(d)
(d) "Repeatedly" means on 2 or more calendar days.
940.32(2)
(2) Whoever meets all of the following criteria is guilty of a Class A misdemeanor:
940.32(2)(a)
(a) The actor intentionally engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or herself or a member of his or her immediate family or to fear the death of himself or herself or a member of his or her immediate family.
940.32(2)(b)
(b) The actor has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury to himself or herself or a member of his or her immediate family or will be placed in reasonable fear of the death of himself or herself or a member of his or her immediate family.
940.32(2)(c)
(c) The actor's acts induce fear in the specific person of bodily injury to himself or herself or a member of his or her immediate family or induce fear in the specific person of the death of himself or herself or a member of his or her immediate family.
940.32(2m)
(2m) Whoever violates
sub. (2) is guilty of a Class D felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under
sub. (2).
940.32(3)
(3) Whoever violates
sub. (2) under any of the following circumstances is guilty of a Class E felony:
940.32(3)(a)
(a) The act results in bodily harm to the victim.
940.32(3)(b)
(b) The actor has a previous conviction under this section or
s. 947.013 (1r),
(1t),
(1v) or
(1x) for a violation against the same victim and the present violation occurs within 7 years after the prior conviction.
940.32(3m)
(3m) Whoever violates
sub. (3) under all of the following circumstances is guilty of a Class D felony:
940.32(3m)(b)
(b) The person intentionally gains access to a record in order to facilitate the current violation under
sub. (3).
940.32(4)(a)(a) This section does not apply to conduct that is or acts that are protected by the person's right to freedom of speech or to peaceably assemble with others under the state and
U.S. constitutions, including, but not limited to, any of the following:
940.32(4)(a)1.
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking or patrolling any public street or any place where any person or persons may lawfully be.
940.32(4)(b)
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
940.32(5)
(5) This section does not apply to conduct arising out of or in connection with a labor dispute.
940.32(6)
(6) The provisions of this statute are severable. If any provision of this statute is invalid or if any application thereof is invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
940.32 History
History: 1993 a. 96,
496.
940.32 Annotation
This section does not violate the right to interstate travel and is not unconstitutionally vague or overbroad. State v. Reusch,
214 Wis. 2d 547,
571 N.W.2d 857 (Ct. App. 1997).
940.32 Annotation
The actor's "acts" under sub. (2) (c) are not the equivalent of the actor's "course of conduct" under sub. (2) (a). There must be proof that the actor's acts caused fear and not that the course of conduct caused fear. State v. Sveum,
220 Wis. 2d 396,
584 N.W.2d 137 (Ct. App. 1998).
940.34
940.34
Duty to aid victim or report crime. 940.34(2)(a)(a) Any person who knows that a crime is being committed and that a victim is exposed to bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.
940.34(2)(b)
(b) Any person licensed as a private detective or granted a private security permit under
s. 440.26 who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
940.34(2)(c)1.1. In this paragraph, "unlicensed private security person" means a private security person, as defined in
s. 440.26 (1m) (h), who is exempt from the permit and licensure requirements of
s. 440.26.
940.34(2)(c)2.
2. Any unlicensed private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.
940.34(2)(d)
(d) A person need not comply with this subsection if any of the following apply:
940.34(2)(d)2.
2. Compliance would interfere with duties the person owes to others.
940.34(2)(d)3.
3. In the circumstances described under
par. (a), assistance is being summoned or provided by others.
940.34(2)(d)4.
4. In the circumstances described under
par. (b) or
(c), the crime or alleged crime has been reported to an appropriate law enforcement agency by others.
940.34(2m)
(2m) If a person is subject to
sub. (2) (b) or
(c), the person need not comply with
sub. (2) (b) or
(c) until after he or she has summoned or provided assistance to a victim.
940.34(3)
(3) If a person renders emergency care for a victim,
s. 895.48 (1) applies. Any person who provides other reasonable assistance under this section is immune from civil liability for his or her acts or omissions in providing the assistance. This immunity does not apply if the person receives or expects to receive compensation for providing the assistance.
940.34 Annotation
This section is not unconstitutional. For a conviction, it must be proved that an accused believed a crime was being committed and that a victim was exposed to bodily harm. The reporting required does not require the defendant to incriminate himself or herself as the statute contains no mandate that an individual identify oneself. Whether a defendant fits within an exception under sub. (2) (d) is a matter of affirmative defense. State v. LaPlante,
186 Wis. 2d 427,
521 N.W.2d 448 (Ct. App. 1994).
940.41(1r)
(1r) "Malice" or "maliciously" means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice.
940.41(2)
(2) "Victim" means any natural person against whom any crime as defined in
s. 939.12 or under the laws of the United States is being or has been perpetrated or attempted in this state.
940.41(3)
(3) "Witness" means any natural person who has been or is expected to be summoned to testify; who by reason of having relevant information is subject to call or likely to be called as a witness, whether or not any action or proceeding has as yet been commenced; whose declaration under oath is received as evidence for any purpose; who has provided information concerning any crime to any peace officer or prosecutor; who has provided information concerning a crime to any employee or agent of a law enforcement agency using a crime reporting telephone hotline or other telephone number provided by the law enforcement agency; or who has been served with a subpoena issued under
s. 885.01 or under the authority of any court of this state or of the United States.
940.41 History
History: 1981 c. 118;
1993 a. 128.
940.42
940.42
Intimidation of witnesses; misdemeanor. Except as provided in
s. 940.43, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.
940.42 History
History: 1981 c. 118.
940.43
940.43
Intimidation of witnesses; felony. Whoever violates
s. 940.42 under any of the following circumstances is guilty of a Class D felony:
940.43(1)
(1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild of the witness or any person sharing a common domicile with the witness.
940.43(2)
(2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under
sub. (1).
940.43(3)
(3) Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in
sub. (1) or
(2).
940.43(4)
(4) Where the act is in furtherance of any conspiracy.
940.43(5)
(5) Where the act is committed by any person who has suffered any prior conviction for any violation under
ss. 940.42 to
940.45, s.
943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under
ss. 940.42 to
940.45.
940.43(6)
(6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
940.43 History
History: 1981 c. 118;
1997 a. 143.
940.43 AnnotationConspiracy to intimidate a witness is included under sub. (4). State v. Seibert,
141 Wis. 2d 753,
416 N.W.2d 900 (Ct. App. 1987).
940.44
940.44
Intimidation of victims; misdemeanor. Except as provided in
s. 940.45, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:
940.44(1)
(1) Making any report of the victimization to any peace officer or state, local or federal law enforcement or prosecuting agency, or to any judge.
940.44(2)
(2) Causing a complaint, indictment or information to be sought and prosecuted and assisting in the prosecution thereof.
940.44(3)
(3) Arresting or causing or seeking the arrest of any person in connection with the victimization.
940.44 History
History: 1981 c. 118.
940.44 Annotation
A jury instruction for a violation of s. 940.44 should specify the underlying crime and that a defendant cannot be found guilty unless the elements of the underlying crime are proved beyond a reasonable doubt. State v. Thomas,
161 Wis. 2d 616,
468 N.W.2d 729 (Ct. App. 1991).
940.44 Annotation
Acquittal on the underlying charge does not require acquittal on a charge under a. 940.44 as the jury may have exercised its right to return a not guilty verdict irrespective of evidence on the underlying charge. State v. Thomas,
161 Wis. 2d 616,
468 N.W.2d 729 (Ct. App. 1991).
940.44 Annotation
The disorderly conduct statute, s. 947.01, does not require a victim, but when the disorderly conduct is directed at a person, that person is the victim for the purpose of prosecuting the perpetrator for intimidating a victim under this section. State v. Vinje,
201 Wis. 2d 98,
548 N.W.2d 118 (Ct. App. 1996).
