941.297(2)
(2) Beginning November 1, 1992, no person may sell or distribute any look-alike firearm. Whoever violates this subsection is subject to a Class A forfeiture.
941.297(3)
(3) This section does not apply to the sale or distribution of a look-alike firearm that complies with the marking or waiver requirements under
15 USC 5001 (b).
941.297 History
History: 1991 a. 155.
941.298(1)(1) In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.
941.298(2)
(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class E felony.
941.298(3)
(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
941.298(3)(a)
(a) Any peace officer who is acting in compliance with the written policies of the officer's department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy.
941.298(3)(b)
(b) Any armed forces or national guard personnel, while in the line of duty.
941.298 History
History: 1991 a. 39.
941.299
941.299
Restrictions on the use of laser pointers. 941.299(1)(b)
(b) "Laser pointer" means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
941.299(2)
(2) No person may do any of the following:
941.299(2)(a)
(a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer or law enforcement officer without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer or law enforcement officer who is acting in an official capacity.
941.299(2)(b)
(b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being.
941.299(2)(c)
(c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person.
941.299(2)(d)
(d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance.
941.299(3)(c)
(c) A person may be charged with a violation of
sub. (2) (a) or
(b) or both for an act involving the same victim. If the person is charged with violating both
sub. (2) (a) and
(b) with respect to the same victim, the charges shall be joined. If the person is found guilty of both
sub. (2) (a) and
(b) for an act involving the same victim, the charge under
sub. (2) (b) shall be dismissed and the person may be sentenced only under
sub. (2) (a).
941.299 History
History: 1999 a. 157.
OTHER DANGEROUS INSTRUMENTALITIES
AND PRACTICES.
941.30
941.30
Recklessly endangering safety. 941.30(1)
(1)
First-degree recklessly endangering safety. Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class D felony.
941.30(2)
(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class E felony.
941.30 History
History: 1987 a. 399.
941.30 Note
Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
941.30 Annotation
Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]
941.30 Annotation
Section 947.015, bomb scares, is not an included crime in recklessly endangering safety. State v. Van Ark,
62 Wis. 2d 155,
215 N.W.2d 41.
941.30 Annotation
A conviction under sub. (1) was proper when the defendant desisted from an attack, but showed no regard for the victim's life or safety during the attack. State v. Holtz,
173 Wis. 2d 515,
496 N.W. 2d 668 (Ct. App. 1992).
941.31
941.31
Possession of explosives. 941.31(1)
(1) Whoever makes, buys, transports, possesses, or transfers any explosive compound or offers to do the same, either with intent to use such explosive to commit a crime or knowing that another intends to use it to commit a crime, is guilty of a Class C felony.
941.31(2)(a)(a) In this subsection, "improvised explosive device" means a destructive explosive device capable of causing bodily harm, great bodily harm, death or property damage; with some type of explosive material and a means of detonating the explosive material, directly, remotely, or with a timer either present or readily capable of being inserted or attached; which may include a pipe or similar casing, with the ends of the pipe or casing capped, plugged or crimped, and a fuse or similar object sticking out of the pipe or casing; and made by a person not engaged in the legitimate manufacture or legitimate use of explosives, or otherwise authorized by law to do so. "Improvised explosive device" does not include ammunition for any rifle, pistol or shotgun.
941.31(2)(b)
(b) Whoever makes, buys, sells, transports, possesses, uses or transfers any improvised explosive device, or possesses materials or components with intent to assemble any improvised explosive device, is guilty of a Class E felony.
941.31(2)(c)
(c) This subsection does not apply to the transportation, possession, use or transfer of any improvised explosive device by any armed forces or national guard personnel or to any peace officer in the line of duty or as part of a duty-related function or exercise. The restriction on transportation in this subsection does not apply to common carriers.
941.31 Annotation
Sub. (1) is not unconstitutionally vague. An explosive is any chemical compound, mixture or device the primary purpose of which is to function by explosion. An explosion is a substantially instantaneous release of both gas and heat. State v. Brulport,
202 Wis. 2d 506,
551 N.W. 2d 824 (Ct. App. 1996).
941.315
941.315
Possession, distribution or delivery of nitrous oxide. 941.315(1)(a)
(a) "Deliver" or "delivery" means the actual, constructive or attempted transfer of nitrous oxide or a substance containing nitrous oxide from one person to another.
941.315(1)(b)
(b) "Distribute" means to deliver, other than by administering.
941.315(2)
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
941.315(2)(a)
(a) Possesses nitrous oxide or a substance containing nitrous oxide with the intent to inhale the nitrous oxide.
941.315(2)(b)
(b) Intentionally or otherwise inhales nitrous oxide.
941.315(3)
(3) Whoever does any of the following is guilty of a Class D felony:
941.315(3)(a)
(a) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide to a person who has not attained the age of 21.
941.315(3)(b)
(b) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide or a substance containing nitrous oxide to a person aged 21 years or older knowing or having reason to know that the person will use the nitrous oxide in violation of
sub. (2).
941.315(3)(c)
(c) Distributes or delivers to a person aged 21 years or older any object used, designed for use or primarily intended for use in inhaling nitrous oxide at the same time that he or she distributes or delivers nitrous oxide or a substance containing nitrous oxide to the person.
941.315(5)(a)(a) Subsection (2) does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician or dentist or at the direction or under the supervision of a physician or dentist.
941.315(5)(b)
(b) Subsection (3) does not apply to the administration of nitrous oxide by a physician or dentist, or by another person at the direction or under the supervision of a physician or dentist, for the purpose of providing medical or dental care.
941.315(5)(c)
(c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician or dentist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.
941.315 History
History: 1997 a. 336.
941.32
941.32
Administering dangerous or stupefying drug. Whoever administers to another or causes another to take any poisonous, stupefying, overpowering, narcotic, or anesthetic substance with intent thereby to facilitate the commission of a crime is guilty of a Class C felony.
941.32 History
History: 1977 c. 173.
941.325
941.325
Placing foreign objects in edibles. Whoever places objects, drugs or other substances in candy or other liquid or solid edibles with the intent to cause bodily harm to another person is guilty of a Class E felony.
941.327
941.327
Tampering with household products. 941.327(1)(a)
(a) "Cosmetic" means articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; and articles intended for use as a component of any such articles. "Cosmetic" does not include soap.
941.327(1)(b)
(b) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory which is recognized in the official national formulary, or the United States Pharmacopeia, or any supplement to them; intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in persons or other animals; or intended to affect the structure or any function of the body of persons or other animals; and which does not achieve any of its principal intended purposes through chemical action within or on the body of persons or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.
941.327(1)(e)
(e) "Household product" means any food, drug, device or cosmetic or any article, product or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of that consumption or use.
941.327(1)(f)
(f) "Label" means a written, printed or graphic matter upon the immediate container of any household product.
941.327(1)(g)
(g) "Labeling" means all labels and other written, printed or graphic matter upon any household product or any of its containers or wrappers or accompanying any household product.
941.327(2)(a)(a) Whoever, with intent to kill, injure or otherwise endanger the health or safety of any person or to cause significant injury or damage to the business of any person or entity, does either of the following may be punished under
par. (b):
941.327(2)(a)1.
1. Tampers with any household product and thereby taints the product.
941.327(2)(a)2.
2. Tampers with any household product or its container and thereby renders the labeling of the product or its container materially false or misleading.
941.327(2)(b)1.1. Except as provided in
subds. 2. to
4., a person violating
par. (a) is guilty of a Class E felony.
941.327(2)(b)2.
2. If the act under
par. (a) creates a high probability of great bodily harm to another, a person violating
par. (a) is guilty of a Class D felony.
941.327(2)(b)3.
3. If the act under
par. (a) causes great bodily harm to another, a person violating
par. (a) is guilty of a Class C felony.
941.327(2)(b)4.
4. If the act under
par. (a) causes death to another, a person is guilty of a Class A felony.
941.327(3)
(3) Whoever intentionally imparts or conveys false information, knowing the information to be false, concerning an act or attempted act which, if true, would constitute a violation of
sub. (2) is guilty of a Class E felony.
941.327 History
History: 1987 a. 90.
941.34
941.34
Fluoroscopic shoe-fitting machines. Whoever uses, or possesses or controls with intent to so use, any fluoroscopic or X-ray machine for the purpose of shoe-fitting or attempting to fit shoes, or who knowingly permits such machine, whether in use or not, to remain on his or her premises, is subject to a Class B forfeiture. Each day of such use, possession or control shall constitute a separate violation of this section.
941.34 History
History: 1977 c. 173.
941.35
941.35
Emergency telephone calls.
