946.425(2)
(2) A court shall impose a sentence under this section consecutive to any sentence previously imposed or that may be imposed for any crime or offense for which the person was sentenced under
s. 973.03 (5) (b) or
973.15 (8) (a), consecutive to any sentence that may apply to the person under
s. 973.10 (2) or consecutive to any confinement order under
s. 973.09 (4) previously issued by a court regarding the person.
946.425(3)
(3) A prosecutor may not charge a person with violating both
subs. (1) and
(1m) regarding the same incident or occurrence.
946.43
946.43
Assaults by prisoners. 946.43(1m)
(1m) Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class C felony:
946.43(1m)(a)
(a) Places an officer, employee, visitor or another inmate of such prison or institution in apprehension of an immediate battery likely to cause death or great bodily harm; or
946.43(1m)(b)
(b) Confines or restrains an officer, employee, visitor or another inmate of such prison or institution without the person's consent.
946.43(2m)(a)(a) Any prisoner confined to a state prison or other state, county or municipal detention facility who throws or expels blood, semen, vomit, saliva, urine, feces or other bodily substance at or toward an officer, employee or visitor of the prison or facility or another prisoner of the prison or facility under all of the following circumstances may be fined not more than $10,000 or imprisoned for not more than 2 years or both:
946.43(2m)(a)1.
1. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent that it come into contact with the officer, employee, visitor or other prisoner.
946.43(2m)(a)2.
2. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent either to cause bodily harm to the officer, employee, visitor or other prisoner or to abuse, harass, offend, intimidate or frighten the officer, employee, visitor or other prisoner.
946.43(2m)(a)3.
3. The officer, employee, visitor or other prisoner does not consent to the blood, semen, vomit, saliva, urine, feces or other bodily substance being thrown or expelled at or toward him or her.
946.43(2m)(b)
(b) A court shall impose a sentence for a violation of
par. (a) consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when he or she committed the violation of
par. (a).
946.43 History
History: 1977 c. 173,
273;
1999 a. 188.
946.44
946.44
Assisting or permitting escape. 946.44(1)
(1) Whoever does the following is guilty of a Class D felony:
946.44(1)(a)
(a) Any officer or employee of an institution where prisoners are detained who intentionally permits a prisoner in the officer's or employee's custody to escape; or
946.44(1)(b)
(b) Whoever with intent to aid any prisoner to escape from custody introduces into the institution where the prisoner is detained or transfers to the prisoner anything adapted or useful in making an escape.
946.44(1g)
(1g) Any public officer or public employee who violates
sub. (1) (a) or
(b) is guilty of a Class C felony.
946.44(1m)
(1m) Whoever intentionally introduces into an institution where prisoners are detained or transfers to a prisoner any firearm, whether loaded or unloaded, or any article used or fashioned in a manner to lead another person to believe it is a firearm, is guilty of a Class C felony.
946.44(2)(d)
(d) "Prisoner" includes a person who is under the supervision of the department of corrections under
s. 938.34 (4h), who is placed in a secured correctional facility, a secured child caring institution or a secured group home under
s. 938.183,
938.34 (4m) or
938.357 (4) or
(5) (e), who is placed in a Type 2 child caring institution under
s. 938.34 (4d) or who is subject to an order under
s. 48.366.
946.44 History
History: 1977 c. 173;
1985 a. 320;
1987 a. 27,
236,
238,
403;
1989 a. 31,
107;
1993 a. 16,
377,
385,
486,
491;
1995 a. 27,
77,
352;
1999 a. 9.
946.45
946.45
Negligently allowing escape. 946.45(1)
(1) Any officer or employee of an institution where prisoners are detained who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.
946.45(2)(d)
(d) "Prisoner" includes a person who is under the supervision of the department of corrections under
s. 938.34 (4h), who is placed in a secured correctional facility, a secured child caring institution or a secured group home under
s. 938.183,
938.34 (4m) or
938.357 (4) or
(5) (e), who is placed in a Type 2 child caring institution under
s. 938.34 (4d) or who is subject to an order under
s. 48.366.
946.46
946.46
Encouraging violation of probation, extended supervision or parole. Whoever intentionally aids or encourages a parolee, probationer or person on extended supervision or any person committed to the custody or supervision of the department of corrections or a county department under
s. 46.215,
46.22 or
46.23 by reason of crime or delinquency to abscond or violate a term or condition of parole, extended supervision or probation is guilty of a Class A misdemeanor.
946.47
946.47
Harboring or aiding felons. 946.47(1)
(1) Whoever does either of the following is guilty of a Class E felony:
946.47(1)(a)
(a) With intent to prevent the apprehension of a felon, harbors or aids him or her; or
946.47(1)(b)
(b) With intent to prevent the apprehension, prosecution or conviction of a felon, destroys, alters, hides, or disguises physical evidence or places false evidence.
946.47(2)
(2) As used in this section "felon" means either of the following:
946.47(2)(a)
(a) A person who commits an act within the jurisdiction of this state which constitutes a felony under the law of this state; or
946.47(2)(b)
(b) A person who commits an act within the jurisdiction of another state which is punishable by imprisonment for one year or more in a state prison or penitentiary under the law of that state and would, if committed in this state, constitute a felony under the law of this state.
946.47(3)
(3) This section does not apply to the felon, to the felon's spouse or to a parent, grandparent, child, grandchild, brother or sister of the felon, whether by blood, marriage or adoption.
946.47 Annotation
A person may be a "felon" under (2) (a) even though not convicted of felony. State v. Jones,
98 Wis. 2d 679,
298 N.W.2d 100 (Ct. App. 1980).
946.47 Annotation
The application of this section is not restricted to persons wanted for conduct constituting a felony for which there has been no conviction, but also applies to persons previously convicted of a felony who are sought for other reasons. State v. Schmidt,
221 Wis. 2d 189 585 N.W.2d 16 (Ct. App. 1998).
946.48
946.48
Kidnapped or missing persons; false information. 946.48(1)(1) Whoever sends, delivers, or causes to be transmitted to another any written or oral communication with intent to induce a false belief that the sender has knowledge of the whereabouts, physical condition, or terms imposed upon the return of a kidnapped or missing person is guilty of a Class D felony.
946.48(2)
(2) Violation of this section may be prosecuted in either the county where the communication was sent or the county in which it was received.
946.48 History
History: 1977 c. 173.
946.49(1)(1) Whoever, having been released from custody under
ch. 969, intentionally fails to comply with the terms of his or her bond is:
946.49(1)(a)
(a) If the offense with which the person is charged is a misdemeanor, guilty of a Class A misdemeanor.
946.49(1)(b)
(b) If the offense with which the person is charged is a felony, guilty of a Class D felony.
946.49(2)
(2) A witness for whom bail has been required under
s. 969.01 (3) is guilty of a Class E felony for failure to appear as provided.
946.49 History
History: 1977 c. 173.
946.49 Annotation
Under sub. (1), a charge underlying a bail-jumping charge is not a lesser-included offense and punishment for both does not offend double-jeopardy protection. State v. Nelson,
146 Wis. 2d 442,
432 N.W.2d 115 (Ct. App. 1988).
946.49 Annotation
Conviction under this section resulting from the conviction for another crime committed while released on bail does not constitute double jeopardy. State v. West,
181 Wis. 2d 792, 510 N.W.2d (Ct. App. 1993).
946.49 Annotation
A defendant released without bail is not subject to a bond and cannot violate this section. State v. Dawson,
195 Wis. 2d 161,
536 N.W.2d 119 (Ct. App. 1995).
946.49 Annotation
A court in sentencing a defendant for a violation of this section may take into account the underlying acts that resulted in the violation. State v. Schordie,
214 Wis. 2d 229,
570 N.W.2d 881 (Ct. App. 1997).
946.49 Annotation
Charging a defendant with 2 counts of bail jumping where the defendant violated multiple conditions of a single bond was not multiplicitous. State v. Anderson,
219 Wis. 2d 740,
580 N.W.2d 329 (1998).
946.49 Annotation
A positive urine test was sufficient to establish that the defendant intentionally violated the conditions of a bond prohibiting the use of illegal drugs. State v. Taylor,
226 Wis. 2d 490,
595 N.W.2d 56 (Ct. App. 1999).
946.495
946.495
Violation of nonsecure custody order. If a person has been placed in nonsecure custody by an intake worker under
s. 938.207 or by a judge or juvenile court commissioner under
s. 938.21 (4) and the person is alleged to be delinquent under
s. 938.12, alleged to be in need of protection or services under
s. 938.13 (12) or has been taken into custody for committing an act that is a violation of a state or federal criminal law, the person is guilty of a Class A misdemeanor if he or she intentionally fails to comply with the conditions of his or her placement in nonsecure custody.
946.495 History
History: 1997 a. 328.
946.50
946.50
Absconding. Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under
chs. 48 and
938 for his or her dispositional hearing under
s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years is guilty of the following:
946.50(1)
(1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.
946.50(2)
(2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.
946.50(3)
(3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony if committed by an adult.
946.50(4)
(4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.
946.50(5)
(5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony if committed by an adult.
946.50(6)
(6) A Class A misdemeanor, if the person was adjudicated delinquent for committing an act that would be a misdemeanor if committed by an adult.
946.50 History
History: 1995 a. 77.
OTHER CRIMES AFFECTING THE
ADMINISTRATION OF GOVERNMENT.
946.60
946.60
Destruction of documents subject to subpoena. 946.60(1)(1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E felony.
946.60(2)
(2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E felony.
946.60(3)
(3) It is not a defense to a prosecution under this section that:
946.60(3)(a)
(a) The document would have been legally privileged or inadmissible in evidence.
946.60(3)(b)
(b) The subpoena was directed to a person other than the defendant.
946.60 History
History: 1981 c. 306.
946.61
946.61
Bribery of witnesses. 946.61(1)
(1) Whoever does any of the following is guilty of a Class D felony:
946.61(1)(a)
(a) With intent to induce another to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee or administrative agency authorized by statute to determine issues of fact, transfers to him or her or on his or her behalf, any property or any pecuniary advantage; or
946.61(1)(b)
(b) Accepts any property or any pecuniary advantage, knowing that such property or pecuniary advantage was transferred to him or her or on his or her behalf with intent to induce him or her to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee, or administrative agency authorized by statute to determine issues of fact.
946.61(2)
(2) This section does not apply to a person who is charged with a crime, or any person acting in his or her behalf, who transfers property to which he or she believes the other is legally entitled.
946.61 Annotation
A conviction under this section cannot be sustained where the evidence shows the defendant only transferred property to induce false testimony. State v. Duda,
60 Wis. 2d 431,
210 N.W.2d 763.
946.61 Annotation
This section only prohibits paying a person to "refrain" from testifying and does not include influencing testimony. State v. Manthey,
169 Wis. 2d 673,
487 N.W.2d 44 (Ct. App. 1992).
