CHAPTER 947
CRIMES AGAINST PUBLIC PEACE, ORDER AND OTHER INTERESTS
947.01 Disorderly conduct.
947.012 Unlawful use of telephone.
947.0125 Unlawful use of computerized communication systems.
947.04 Drinking in common carriers.
947.06 Unlawful assemblies and their suppression.
947.01
947.01
Disorderly conduct. Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
947.01 History
History: 1977 c. 173;
1979 c. 131.
947.01 Annotation
The defendant was properly convicted of disorderly conduct when he appeared on a stage wearing a minimum of clothing intending to and succeeding in causing a loud reaction in the audience. State v. Maker,
48 Wis. 2d 612,
180 N.W.2d 707.
947.01 Annotation
An attorney was properly convicted under this section for refusing to leave a ward in a mental hospital until he had seen a client after having made statements in the presence of patients that caused some to become agitated. State v. Elson,
60 Wis. 2d 54,
208 N.W.2d 363.
947.01 Annotation
It was not disorderly conduct for 4 people to enter an office with other members of the public for the purpose of protesting the draft and to refuse to leave on orders of the police, when their conduct is not otherwise disturbing. State v. Werstein,
60 Wis. 2d 668,
211 N.W.2d 437.
947.01 Annotation
This statute does not require a victim, but when the disorderly conduct is directed at a person, that person is the victim for the purpose of prosecuting the perpetrator for intimidating a victim under s. 940.44. State v. Vinje,
201 Wis. 2d 98,
548 N.W.2d 118 (Ct. App. 1996).
947.012
947.012
Unlawful use of telephone. 947.012(1)
(1) Whoever does any of the following is guilty of a Class B misdemeanor:
947.012(1)(a)
(a) With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person.
947.012(1)(b)
(b) With intent to frighten, intimidate, threaten or abuse, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.012(1)(c)
(c) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.
947.012(2)
(2) Whoever does any of the following is subject to a Class B forfeiture:
947.012(2)(a)
(a) With intent to harass or offend, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.012(2)(b)
(b) Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.
947.012(2)(c)
(c) Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.
947.012(2)(d)
(d) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number.
947.012(2)(e)
(e) Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.
947.012 History
History: 1979 c. 131;
1991 a. 39.
947.0125
947.0125
Unlawful use of computerized communication systems. 947.0125(1)(1) In this section, "message" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program, as defined in
s. 943.70 (1) (c).
947.0125(2)
(2) Whoever does any of the following is guilty of a Class B misdemeanor:
947.0125(2)(a)
(a) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message to the person on an electronic mail or other computerized communication system and in that message threatens to inflict injury or physical harm to any person or the property of any person.
947.0125(2)(b)
(b) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message threatens to inflict injury or physical harm to any person or the property of any person.
947.0125(2)(c)
(c) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(2)(d)
(d) With intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(2)(e)
(e) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
947.0125(2)(f)
(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
947.0125(3)
(3) Whoever does any of the following is subject to a Class B forfeiture:
947.0125(3)(a)
(a) With intent to harass, annoy or offend another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(3)(b)
(b) With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(3)(c)
(c) With intent solely to harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system.
947.0125(3)(d)
(d) With intent solely to harass another person, sends repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.
947.0125(3)(e)
(e) With intent to harass or annoy another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
947.0125(3)(f)
(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
947.0125(3)(g)
(g) Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.
947.0125 History
History: 1995 a. 353.
947.013(1)(a)
(a) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
947.013(1)(b)
(b) "Credible threat" means a threat made with the intent and apparent ability to carry out the threat.
947.013(1m)
(1m) Whoever, with intent to harass or intimidate another person, does any of the following is subject to a Class B forfeiture:
947.013(1m)(a)
(a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same.
947.013(1m)(b)
(b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.
947.013(1r)
(1r) Whoever violates
sub. (1m) under all of the following circumstances is guilty of a Class A misdemeanor:
947.013(1r)(a)
(a) The act is accompanied by a credible threat that places the victim in reasonable fear of death or great bodily harm.
947.013(1r)(b)
(b) The act occurs while the actor is subject to an order or injunction under
s. 813.12,
813.122 or
813.125 that prohibits or limits his or her contact with the victim.
947.013(1t)
(1t) Whoever violates
sub. (1r) is guilty of a Class E felony if the person has a prior conviction under this subsection or
sub. (1r),
(1v) or
(1x) or
s. 940.32 (2),
(2m),
(3) or
(3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.
947.013(1v)
(1v) Whoever violates
sub. (1r) is guilty of a Class D felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under
sub. (1r).
947.013(1x)
(1x) Whoever violates
sub. (1r) under all of the following circumstances is guilty of a Class D felony:
947.013(1x)(b)
(b) The person intentionally gains access to a record in order to facilitate the current violation under
sub. (1r).
947.013(2)
(2) This section does not prohibit any person from participating in lawful conduct in labor disputes under
s. 103.53.
947.013 Annotation
This section is not a safety statute and does not grant a private right of action for its violation. In re Estate of Drab,
143 Wis. 2d 568,
422 N.W.2d 144 (Ct. App. 1988).
947.015
947.015
Bomb scares. Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives is guilty of a Class E felony.
947.015 History
History: 1977 c. 173.
947.015 Annotation
This section is not an included crime in s. 941.30, recklessly endangering safety. State v. Van Ark,
62 Wis. 2d 155,
215 N.W.2d 41.
947.02
947.02
Vagrancy. Any of the following are vagrants and are guilty of a Class C misdemeanor:
947.02(1)
(1) A person, with the physical ability to work, who is without lawful means of support and does not seek employment; or
947.02(3)
(3) A prostitute who loiters on the streets or in a place where intoxicating liquors are sold, or a person who, in public, solicits another to commit a crime against sexual morality; or
947.02(4)
(4) A person known to be a professional gambler or known as a frequenter of gambling places or who derives part of his or her support from begging or as a fortune teller or similar impostor.
947.04
947.04
Drinking in common carriers. 947.04(1)
(1) Whoever while a passenger in a common carrier, publicly drinks intoxicants as a beverage or gives any other person intoxicants for that purpose under circumstances tending to provoke a disturbance, except in those portions of the common carrier in which intoxicants are specifically authorized by law to be sold or consumed, is guilty of a Class C misdemeanor.
947.04(2)
(2) The person in charge of a common carrier may take from any passenger found violating this section any intoxicant then in the possession of such passenger, giving the passenger a receipt therefor, and shall keep the intoxicant until the passenger's point of destination is reached. Thereupon, the person in charge of the common carrier shall either return the intoxicant to the passenger or turn it over to the station agent. At any time within 10 days after the intoxicant is turned over to the station agent, the passenger may recover the intoxicant by surrendering the receipt given the passenger at the time the intoxicant was taken from the passenger.
947.06
947.06
Unlawful assemblies and their suppression. 947.06(1)(1) Sheriffs, their undersheriffs and deputies, constables, marshals and police officers have a duty to suppress unlawful assemblies within their jurisdiction. For that reason they may order all persons who are part of an assembly to disperse. An "unlawful assembly" is an assembly which consists of 3 or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed.
947.06(2)
(2) An "unlawful assembly" includes an assembly of persons who assemble for the purpose of blocking or obstructing the lawful use by any other person, or persons of any private or public thoroughfares, property or of any positions of access or exit to or from any private or public building, or dwelling place, or any portion thereof and which assembly does in fact so block or obstruct the lawful use by any other person, or persons of any such private or public thoroughfares, property or any position of access or exit to or from any private or public building, or dwelling place, or any portion thereof.
947.06(3)
(3) Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is guilty of a Class A misdemeanor.
947.06(4)
(4) Whoever causes, attempts to cause, or participates in an unlawful assembly upon any property of a public institution of higher education or upon any highway abutting on such property, is punishable under
sub. (3) if he or she fails to withdraw from the assembly promptly upon issuance of an order to disperse, if such order is given in such manner that such person can reasonably be expected to hear or read such order.
947.06(5)
(5) Whoever, being employed in any capacity by or enrolled as a student in the institution, is convicted under
subs. (1) to
(4) may be sentenced additionally or alternatively to not to exceed 6 months suspension without pay from his or her employment by the institution if an employee, or suspension from enrollment in the institution if a student, or both if both an employee and a student. If the suspension is thus imposed, the institution shall not thereafter impose any other discipline upon the person for his or her connection with the unlawful assembly. Any period of suspension from employment by or enrollment in the institution already served shall be deducted by the court in imposing this sentence. Any period of imprisonment, whether or not the person is authorized under
s. 303.08 to continue as an employee or student while imprisoned, shall count as a period of suspension from employment or enrollment or both hereunder.
947.06 AnnotationThis section is constitutional. Cassidy v. Ceci,
320 F. Supp. 223.
