941.11(1)
(1) Intentionally burns his or her own building under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to another's property; or
941.11(2)
(2) Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a 3rd person's property.
941.12
941.12
Interfering with fire fighting. 941.12(1)
(1) Whoever intentionally interferes with the proper functioning of a fire alarm system or the lawful efforts of fire fighters to extinguish a fire is guilty of a Class E felony.
941.12(2)
(2) Whoever interferes with, tampers with or removes, without authorization, any fire extinguisher, fire hose or any other fire fighting equipment, is guilty of a Class A misdemeanor.
941.12(3)
(3) Whoever interferes with accessibility to a fire hydrant by piling or dumping material near it without first obtaining permission from the appropriate municipal authority is guilty of a Class C misdemeanor. Every day during which the interference continues constitutes a separate offense.
941.12 History
History: 1977 c. 173.
941.13
941.13
False alarms. Whoever intentionally gives a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise, is guilty of a Class A misdemeanor.
941.13 History
History: 1977 c. 173.
WEAPONS.
941.20
941.20
Endangering safety by use of dangerous weapon. 941.20(1)(1) Whoever does any of the following is guilty of a Class A misdemeanor:
941.20(1)(a)
(a) Endangers another's safety by the negligent operation or handling of a dangerous weapon; or
941.20(1)(b)
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant; or
941.20(1)(c)
(c) Intentionally points a firearm at or toward another.
941.20(1)(d)
(d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. "Building" as used in this paragraph includes any house trailer or mobile home but does not include any tent, bus, truck, vehicle or similar portable unit.
941.20(2)
(2) Whoever does any of the following is guilty of a Class E felony:
941.20(2)(a)
(a) Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or
941.20(3)(a)(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in
s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class C felony:
941.20(3)(a)1.
1. The person discharges the firearm at or toward another.
941.20(3)(a)2.
2. The person discharges the firearm at or toward any building or other vehicle.
941.20(3)(b)1.1. Paragraph (a) does not apply to any of the following who, in the line of duty, discharges a firearm from a vehicle:
941.20(3)(c)
(c) The state does not have to negate any exception under
par. (b). Any party that claims that an exception under
par. (b) is applicable has the burden of proving the exception by a preponderance of the evidence.
941.20(3)(d)
(d) The driver of the vehicle may be charged and convicted for a violation of
par. (a) according to the criteria under
s. 939.05.
941.20(3)(e)
(e) A person under
par. (a) has a defense of privilege of self-defense or defense of others in accordance with
s. 939.48.
941.20 Note
Judicial Council Note, 1988: The mental element of the offense under sub. (1) (a) is changed from reckless conduct to criminal negligence. See s. 939.25. If the defendant acts recklessly, the conduct is prohibited by s. 941.30. [Bill 191-S]
941.20 Annotation
Pointing a firearm is not a lesser included offense of armed robbery and a defendant can be convicted of both. State v. Smith,
55 Wis. 2d 304,
198 N.W. 2d 630.
941.20 Annotation
A jury instruction that shooting "into" a building under sub. (2) (a) occurs when a bullet penetrates the building however slightly, conformed with common usage of the word and was not improper. State v. Grady,
175 Wis. 2d 553,
499 N.W. 2d 285 (Ct. App. 1993).
941.20 Annotation
Police officers do not have an absolute right to point their weapons, but privilege may be asserted as an affirmative defense. State v. Trentadue,
180 Wis. 2d 670,
510 N.W. 2d 727 (Ct. App. 1993).
941.21
941.21
Disarming a peace officer. Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under
s. 941.26 (1) (b) or
(4) (a) from the officer without his or her consent is guilty of a Class E felony. This section applies to any dangerous weapon or any device or container described under
s. 941.26 (1) (b) or
(4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.
941.23
941.23
Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.
941.23 History
History: 1977 c. 173;
1979 c. 115,
221.
941.23 Annotation
The burden is on the defendant to prove that he is a peace officer so as to come within the exception. State v. Williamson,
58 Wis. 2d 514,
206 N.W. 2d 613.
941.23 Annotation
A defendant was properly convicted under this section for driving a vehicle with a gun locked in a glove compartment. State v. Fry,
131 Wis. 2d 153,
388 N.W. 2d 565 (1986).
941.23 Annotation
To "go armed" does not require going anywhere. The elements for a violation of s. 941.23 are: (1) a dangerous weapon is on the defendant's person or within reach; (2) the defendant is aware of the weapon's presence; and (3) the weapon is hidden. State v. Keith,
175 Wis. 2d 75,
498 N.W. 2d 865 (Ct. App. 1993).
941.23 Annotation
A handgun on the seat of a car, indiscernible from ordinary observation by a person outside and within the immediate vicinity of the vehicle, was hidden from view for purposes of determining whether the gun was a concealed weapon under this section. State v. Walls,
190 Wis. 2d 65,
526 N.W. 2d 765 (Ct. App. 1994).
941.23 Annotation
There is no statutory or common law privilege for the crime of carrying a concealed weapon under s. 941.23. State Dundon,
226 Wis. 2d 654,
594 N.W.2d 780 (1999).
941.23 Annotation
Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen. 66.
941.235
941.235
Carrying firearm in public building. 941.235(1)
(1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class B misdemeanor.
941.235(2)
(2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under
sub. (1).
941.237
941.237
Carrying handgun where alcohol beverages may be sold and consumed. 941.237(1)(b)
(b) "Correctional officer" means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.
941.237(1)(cm)
(cm) "Firearms dealer" means any person engaged in the business of importing, manufacturing or dealing in firearms and having a license as an importer, manufacturer or dealer issued by the U.S. department of the treasury.
941.237(1)(f)
(f) "Target range" means any area where persons are allowed to use a handgun to fire shots at targets.
941.237(1)(fm)
(fm) "Tavern" means an establishment, other than a private club or fraternal organization, in which alcohol beverages are sold for consumption on the premises.
941.237(1)(g)1.
1. Having no shell or cartridge in the chamber of a handgun or in the magazine attached to a handgun.
941.237(1)(g)2.
2. In the case of a caplock muzzle-loading handgun, having the cap removed.
941.237(1)(g)3.
3. In the case of a flintlock muzzle-loading handgun, having the flashpan cleaned of powder.
941.237(2)
(2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under
ch. 125 is guilty of a Class A misdemeanor.
941.237(3)
(3) Subsection (2) does not apply to any of the following:
941.237(3)(b)
(b) A correctional officer while going armed in the line of duty.
941.237(3)(c)
(c) A member of the U.S. armed forces or national guard while going armed in the line of duty.
941.237(3)(cm)
(cm) A private security person meeting all of the following criteria:
941.237(3)(cm)2.
2. The private security person is going armed in the line of duty.
941.237(3)(cm)3.
3. The private security person is acting with the consent of the person specified in
par. (d).
941.237(3)(d)
(d) The licensee, owner, or manager of the premises, or any employee or agent authorized to possess a handgun by the licensee, owner, or manager of the premises.
941.237(3)(e)
(e) The possession of a handgun that is unloaded and encased in a vehicle in any parking lot area.
941.237(3)(f)
(f) The possession or use of a handgun at a public or private gun or sportsmen's range or club.
941.237(3)(g)
(g) The possession or use of a handgun on the premises if authorized for a specific event of limited duration by the owner or manager of the premises who is issued the Class "B" or "Class B" license or permit under
ch. 125 for the premises.
941.237(3)(h)
(h) The possession of any handgun that is used for decoration if the handgun is encased, inoperable or secured in a locked condition.
941.237(3)(i)
(i) The possession of a handgun in any portion of a hotel other than the portion of the hotel that is a tavern.
941.237(3)(j)
(j) The possession of a handgun in any portion of a combination tavern and store devoted to other business if the store is owned or operated by a firearms dealer, the other business includes the sale of handguns and the handgun is possessed in a place other than a tavern.
941.237(4)
(4) The state does not have to negate any exception under
sub. (3). Any party that claims that an exception under
sub. (3) is applicable has the burden of proving the exception by a preponderance of the evidence.
941.237 History
History: 1993 a. 95,
491;
1995 a. 461.
941.237 Annotation
Sub. (3) does not allow going armed with a concealed handgun in violation of s. 941.23. State v. Mata,
199 Wis. 2d 315,
544 N.W. 2d 578 (Ct. App. 1996).
941.24
941.24
Possession of switchblade knife.
