946.13(11)(b)
(b) The individual participates in making a contract between that public body and that law firm or exercises any official discretion with respect to a contract between them.
946.13(11)(c)
(c) The individual's compensation from the law firm directly depends on the individual's procurement of business with public bodies.
946.13 History
History: 1971 c. 40 s.
93;
1973 c. 12 s.
37;
1973 c. 50,
265;
1977 c. 166,
173;
1983 a. 282;
1987 a. 344,
378,
399;
1989 a. 31,
232;
1993 a. 486;
1995 a. 27,
225,
227,
435;
1997 a. 35,
248;
1999 a. 9,
85;
1999 a. 150 s.
672.
946.13 Annotation
Conviction of a county board member for violation of sub. (1) by accepting a job as airport manager at a time when he was a member of the county board, which was a cosponsor and co-owner of the airport, was reversed under evidence that he was appointed pursuant to advice and approval of the county corporation counsel. State v. Davis,
63 Wis. 2d 75,
216 N.W.2d 31.
946.13 Annotation
Sub. (1) (b) is a strict liability offense, without the element of corrupt motive. State v. Stoehr,
134 Wis. 2d 66,
396 N.W.2d 177 (1986).
946.13 Annotation
A county board member employed by an engineering and survey firm may have a possible conflict of interest in public contracts. 60 Atty. Gen. 98.
946.13 Annotation
A member of the Wisconsin board of vocational, technical and adult education may not bid on and contract for the construction of a building project for a vocational-technical district which would entail expenditures exceeding $2,000 in any year, where availability of federal funds for use on such project is subject to his approval as a member of such board. 60 Atty. Gen. 310.
946.13 Annotation
Discussion of conflicts arising from election of a school principal to the office of alderman. 60 Atty. Gen. 367.
946.13 Annotation
Appointment of counsel for indigents involves a public contract. 62 Atty. Gen. 118.
946.13 Annotation
A county supervisor who is a pharmacist probably does not violate this section in furnishing prescription services to medicaid patients where the state is solely liable for payment. 64 Atty. Gen. 108.
946.13 Annotation
The marital property law does not change the applicability of this section to a member of a governmental body when that body employs the member's spouse.
76 Atty. Gen. 15.
946.13 AnnotationThe applicability of this section is discussed.
76 Atty. Gen. 178, 278.
946.13 Annotation
Sub. (1) (a) may be violated by members of the Private Industry Councils when private or public entities of which they are executives, directors or board members receive benefits under the Job Training Partnership Act.
77 Atty. Gen. 306.
946.14
946.14
Purchasing claims at less than full value. Any public officer or public employee who in a private capacity directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision thereof or against any public fund is guilty of a Class E felony.
946.14 History
History: 1977 c. 173.
946.15
946.15
Public construction contracts at less than full rate. 946.15(1)(1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in
s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
103.49 (3),
103.50 (3) or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under
s. 66.0903 (3) or
(6),
103.49 (3),
103.50 (3) or
229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.
946.15(2)
(2) Any person employed pursuant to a public contract as defined in
s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
103.49 (3),
103.50 (3) or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under
s. 66.0903 (3) or
(6),
103.49 (3),
103.50 (3) or
229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.
946.15(3)
(3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
103.49 (3),
103.50 (3) or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
946.15(4)
(4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
103.49 (3),
103.50 (3) or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
946.15 Note
NOTE: This section is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
946.16
946.16
Judicial officer collecting claims. Any judicial officer who causes to be brought in a court over which the officer presides any action or proceeding upon a claim placed with the officer as agent or attorney for collection is guilty of a Class B misdemeanor.
946.16 History
History: 1977 c. 173.
946.17
946.17
Corrupt means to influence legislation; disclosure of interest. Any person who gives or agrees or offers to give anything of value to any person, for the service of such person or of any other person in procuring the passage or defeat of any measure before the legislature or before either house or any committee thereof, upon the contingency or condition of the passage or defeat of the measure, or who receives, or agrees to receive anything of value for such service, upon any such contingency or condition, or who, having a pecuniary or other interest, or acting as the agent or attorney of any person in procuring or attempting to procure the passage or defeat of any measure before the legislature or before either house or any committee thereof, attempts in any manner to influence any member of the legislature for or against the measure, without first making known to the member the real and true interest he or she has in the measure, either personally or as such agent or attorney, is guilty of a class A misdemeanor.
946.17 History
History: 1977 c. 278 s.
1; Stats. 1977 s. 946.17;
1993 a. 213.
946.18
946.18
Misconduct sections apply to all public officers. Sections 946.10 to
946.17 apply to public officers, whether legally constituted or exercising powers as if legally constituted.
946.18 History
History: 1977 c. 278;
1979 c. 110.
PERJURY AND FALSE SWEARING.
946.31(1)(1) Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, before any of the following, whether legally constituted or exercising powers as if legally constituted, is guilty of a Class D felony:
946.31(1)(d)
(d) An administrative agency or arbitrator authorized by statute to determine issues of fact;
946.31(1)(e)
(e) A notary public while taking testimony for use in an action or proceeding pending in court;
946.31(1)(f)
(f) An officer authorized to conduct inquests of the dead;
946.31(2)
(2) It is not a defense to a prosecution under this section that the perjured testimony was corrected or retracted.
946.31 History
History: 1977 c. 173;
1979 c. 110.
946.31 Annotation
An arbitrator selected from a list provided by WERC is authorized by s. 111.10 to arbitrate as provided in ch. 298, 1977 stats. [now ch. 788] and so is "authorized by statute" within meaning of s. 946.31 (1) (d). Layton School of Art & Design v. WERC,
82 Wis. 2d 324,
262 N.W.2d 218.
946.31 Annotation
Perjury consists of a false statement that the defendant knew was false, was made under oath in a proceeding before a judge and was material to the proceeding. Materiality is determined by whether the trial court could have relied on the testimony in making a decision, not on whether it actually did. State v. Munz,
198 Wis. 2d 379,
541 N.W.2d 821 (Ct. App. 1995).
946.31 Annotation
A defendant may be charged with multiple counts of perjury based on testimony given in the same proceeding when each charge requires proof of an additional fact that the others do not. State v. Warren,
229 Wis. 2d 172,
599 N.W.2d 431 (Ct. App. 1999).
946.31 Annotation
An ultimate issue of fact that has been necessarily litigated cannot be relitigated although the judgment may have been influenced by the defendant's untruthful testimony. That a perjury trial would go to whether the defendant lied about the ultimate fact rather than deciding the ultimate fact itself is a distinction without a difference as proving the lie would require proving the fact itself. State v. Canon,
230 Wis. 2d 512,
602 N.W.2d 316 (Ct. App. 1999).
946.31 Annotation
Perjury prosecutions after acquittals. Shellenberger. 71 MLR 703 (1988).
946.32(1)(1) Whoever does either of the following is guilty of a Class D felony:
946.32(1)(a)
(a) Under oath or affirmation makes or subscribes a false statement which he or she does not believe is true, when such oath or affirmation is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.
946.32(1)(b)
(b) Makes or subscribes 2 inconsistent statements under oath or affirmation in regard to any matter respecting which an oath or affirmation is, in each case, authorized or required by law or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, under circumstances which demonstrate that the witness or subscriber knew at least one of the statements to be false when made. The period of limitations within which prosecution may be commenced runs from the time of the first statement.
946.32(2)
(2) Whoever under oath or affirmation makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.
946.32 History
History: 1977 c. 173;
1993 a. 486.
946.32 Annotation
This section also applies to oral statements. The mere fact that a statement is permitted by law does not mean it is "authorized by law" within meaning of sub. (1) (a). State v. Devitt,
82 Wis. 2d 262,
262 N.W.2d 73.
946.32 Annotation
The reference to the statute of limitations under sub. (1) (b) does not make it an element of the offense. The statute of limitations is an affirmative defense and is subject to tolling under s. 939.74. State v. Slaughter,
200 Wis. 2d 190,
546 N.W.2d 490 (Ct. App. 1996).
946.32 Annotation
What is to be "authorized or required" under sub. (1) (b) is the oath itself not the matter respecting which the oath is taken. State v. Slaughter,
200 Wis. 2d 190,
546 N.W.2d 490 (Ct. App. 1996).
INTERFERENCE WITH LAW ENFORCEMENT.
946.40
946.40
Refusing to aid officer. 946.40(1)
(1) Whoever, without reasonable excuse, refuses or fails, upon command, to aid any person known by the person to be a peace officer is guilty of a Class C misdemeanor.
946.40(2)
(2) This section does not apply if under the circumstances the officer was not authorized to command such assistance.
946.40 History
History: 1977 c. 173.
946.40 Annotation
Under s. 343.305 hospital personnel must administer a blood alcohol test and report the results at the request of an officer, subject to the penalty under 946.40. 68 Atty. Gen. 209.
946.40 Annotation
In certain circumstances a peace officer may command medical staff at a hospital or clinic to gather evidence from a sexual assault victim.
72 Atty. Gen. 107.
946.41
946.41
Resisting or obstructing officer. 946.41(1)
(1) Whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority, is guilty of a Class A misdemeanor.
946.41(2)(a)
(a) "Obstructs" includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.
946.41(2)(b)
(b) "Officer" means a peace officer or other public officer or public employee having the authority by virtue of the officer's or employee's office or employment to take another into custody.
946.41(2m)
(2m) Whoever violates
sub. (1) under all of the following circumstances is guilty of a Class D felony:
946.41(2m)(a)
(a) The violator gives false information or places physical evidence with intent to mislead an officer.
946.41(2m)(b)
(b) At a criminal trial, the trier of fact considers the false information or physical evidence.
946.41(2m)(c)
(c) The trial results in the conviction of an innocent person.
946.41(3)
(3) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer's superior for any damages adjudged against either of them by reason thereof.
946.41 Annotation
The state must prove that the accused knew that the officer was acting in an official capacity and knew the officer was acting with lawful authority when the accused allegedly resisted or obstructed the officer. State v. Lossman,
118 Wis. 2d 526,
348 N.W.2d 159 (1984).
946.41 Annotation
A defendant's refusal to identify himself did not obstruct the officer. State v. Hamilton,
120 Wis. 2d 532,
356 N.W.2d 169 (1984).
946.41 Annotation
Knowingly providing false information with intent to mislead is obstruction as a matter of law. State v. Caldwell,
154 Wis. 2d 683,
454 N.W.2d 13 (Ct. App. 1990).
946.41 Annotation
No law allows officers to arrest for obstruction on a person's refusal to give his or her name. Mere silence is insufficient to constitute obstruction. Henes v. Morrissey,
194 Wis. 2d 339,
533 N.W.2d 802 (1995).
946.415
946.415
Failure to comply with officer's attempt to take person into custody. 946.415(2)
(2) Whoever intentionally does all of the following is guilty of a Class E felony:
946.415(2)(a)
(a) Refuses to comply with an officer's lawful attempt to take him or her into custody.
946.415(2)(b)
(b) Retreats or remains in a building or place and, through action or threat, attempts to prevent the officer from taking him or her into custody.
946.415(2)(c)
(c) While acting under
pars. (a) and
(b), remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless of whether he or she has a dangerous weapon.
946.415 History
History: 1995 a. 93.
946.42(1)(a)
(a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in
s. 938.02 (15m), a secured child caring institution, as defined in
s. 938.02 (15g), a secured group home, as defined in
s. 938.02 (15p), a secure detention facility, as defined in
s. 938.02 (16), a Type 2 child caring institution, as defined in
s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under
s. 48.366,
938.183,
938.34 (4d),
(4h) or
(4m) or
938.357 (4) or
(5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under
s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under
s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under
ch. 938 unless the person is in actual custody or is subject to a confinement order under
s. 973.09 (4).
946.42(1)(b)
(b) "Escape" means to leave in any manner without lawful permission or authority.
