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. 941.35(1)(a)
(a) "Emergency" means a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.
941.35(1)(b)
(b) "Party line" means a subscriber's line telephone circuit, consisting of 2 or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.
941.35(2)
(2) Whoever intentionally refuses to yield or surrender the use of a party line to another person immediately upon being informed by such other person that he or she wants to report a fire or summon police, medical or other aid in case of emergency, is subject to a Class B forfeiture.
941.35(3)
(3) Whoever intentionally asks for or requests the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists, is subject to a Class B forfeiture.
941.35(4)
(4) Every telephone directory printed and distributed to the general public shall contain a notice prominently printed and displayed in bold-faced type, stating in substance the conduct prohibited by this section, and to be preceded by the word "Warning". This subsection does not apply to directories distributed solely for business advertising purposes, commonly known as classified directories.
941.35 History
History: 1977 c. 173;
1983 a. 189,
192.
941.36
941.36
Fraudulent tapping of electric wires or gas or water meters or pipes. 941.36(1)
(1) Whoever, without permission and for the purpose of obtaining electrical current, gas or water with intent to defraud any vendor of electricity, gas or water by doing any of the following, is guilty of a Class C misdemeanor:
941.36(1)(a)
(a) Connects or causes to be connected by wire or any other device with the wire, cables or conductors of any such vendor.
941.36(1)(b)
(b) Connects or disconnects the meters, pipes or conduits of the vendor or in any other manner tampers or interferes with the meters, pipes or conduits, or connects with the meters, pipes or conduits by pipes, conduits or other instruments.
941.36(2)
(2) The existence of any of the conditions with reference to meters, pipes, conduits or attachments, described in this section, is presumptive evidence that the person to whom gas, electricity or water is at the time being furnished by or through the meters, pipes, conduits or attachments has, with intent to defraud, created or caused to be created the conditions. The presumption does not apply to any person furnished with gas, electricity or water for less than 31 days or until there has been at least one meter reading.
941.36 History
History: 1977 c. 311.
941.37
941.37
Obstructing emergency or rescue personnel. 941.37(1)(c)
(c) "Emergency medical personnel" means an emergency medical technician licensed under
s. 146.50, first responder certified under
s. 146.50 (8), peace officer or fire fighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.
941.37(2)
(2) Any person who knowingly obstructs any emergency medical personnel in the performance of duties relating to an emergency or rescue is guilty of a Class A misdemeanor.
941.37(3)
(3) Any person who intentionally interferes with any emergency medical personnel in the performance of duties relating to an emergency or rescue and who has reasonable grounds to believe that the interference may endanger another's safety is guilty of a Class E felony.
941.37(4)
(4) Any person who violates
sub. (3) and thereby contributes to the death of another is guilty of a Class C felony.
941.38
941.38
Criminal gang member solicitation and contact. 941.38(1)(a)
(a) "Child" means a person who has not attained the age of 18 years.
941.38(1)(b)
(b) "Criminal gang activity" means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members:
941.38(1)(b)1.
1. Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in
s. 961.41 (1).
941.38(1)(b)17.
17. Taking, driving or operating a vehicle, or removing a part or component of a vehicle, without the owner's consent, as prohibited in
s. 943.23.
941.38(2)
(2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class E felony.
941.38(3)
(3) Whoever intentionally violates, under all of the following circumstances, a court order to refrain from contacting a criminal gang member is guilty of a Class A misdemeanor:
941.38(3)(a)
(a) The court finds that the person who is subject to the court order is a criminal gang member.
941.38(3)(b)
(b) The court informs the person of the contact restriction orally and in writing.
941.38(3)(c)
(c) The order specifies how long the contact restriction stays in effect.
941.38 Annotation
The definition in sub. (1) (b) is sufficiently specific that when incorporated into a probation condition, it provides fair and adequate notice as to the expected course of conduct and provides an adequate standard of enforcement. State v. Lo,
228 Wis. 2d 531,
599 N.W.2d 659 (Ct. App. 1999).
