939.49
939.49
Defense of property and protection against retail theft. 939.49(1)(1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person's property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property.
939.49(2)
(2) A person is privileged to defend a 3rd person's property from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend his or her own property from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such as would give the 3rd person the privilege to defend his or her own property, that his or her intervention is necessary for the protection of the 3rd person's property, and that the 3rd person whose property the person is protecting is a member of his or her immediate family or household or a person whose property the person has a legal duty to protect, or is a merchant and the actor is the merchant's employee or agent. An official or adult employee or agent of a library is privileged to defend the property of the library in the manner specified in this subsection.
939.49(3)
(3) In this section "unlawful" means either tortious or expressly prohibited by criminal law or both.
939.49 Annotation
Flight on the part of one suspected of a felony does not, of itself, warrant the use of deadly force by an arresting officer, and it is only in certain aggravated circumstances that a police officer may shoot a fleeing suspect. Clark v. Ziedonis,
368 F. Supp. 544 (1973).
PENALTIES
939.50
939.50
Classification of felonies. 939.50(1)
(1) Felonies in the statutes are classified as follows:
939.50(2)
(2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes.
939.50(3)
(3) Penalties for felonies are as follows:
939.50(3)(b)
(b) For a Class B felony, imprisonment not to exceed 60 years.
939.50(3)(c)
(c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both.
939.50(3)(d)
(d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.
939.50(3)(e)
(e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both.
939.50(3)(f)
(f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.
939.50(3)(g)
(g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.
939.50(3)(h)
(h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.
939.50(3)(i)
(i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.
Effective date note
NOTE: This section is shown as affected eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
939.50 Classification of felonies. (1) Except as provided in ss. 946.43 (2m) (a), 946.83 and 946.85, felonies in chs. 939 to 951 are classified as follows:
939.50 Note
(a) Class A felony.
939.50 Note
(b) Class B felony.
939.50 Note
(bc) Class BC felony.
939.50 Note
(c) Class C felony.
939.50 Note
(d) Class D felony.
939.50 Note
(e) Class E felony.
939.50 Note
(2) A felony is a Class A, B, BC, C, D or E felony when it is so specified in chs. 939 to 951.
939.50 Note
(3) Penalties for felonies are as follows:
939.50 Note
(a) For a Class A felony, life imprisonment.
939.50 Note
(b) For a Class B felony, imprisonment not to exceed 60 years.
939.50 Note
(bc) For a Class BC felony, a fine not to exceed $10,000 or imprisonment not to exceed 30 years, or both.
939.50 Note
(c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 15 years, or both.
939.50 Note
(d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 years, or both.
939.50 Note
(e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 years, or both.
939.51
939.51
Classification of misdemeanors. 939.51(2)
(2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in
chs. 939 to
951.
939.51(3)
(3) Penalties for misdemeanors are as follows:
939.51(3)(a)
(a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
939.51(3)(b)
(b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.
939.51(3)(c)
(c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.
939.52
939.52
Classification of forfeitures. 939.52(2)
(2) A forfeiture is a Class A, B, C, D or E forfeiture when it is so specified in
chs. 939 to
951.
939.52(3)
(3) Penalties for forfeitures are as follows:
939.52(3)(a)
(a) For a Class A forfeiture, a forfeiture not to exceed $10,000.
939.52(3)(b)
(b) For a Class B forfeiture, a forfeiture not to exceed $1,000.
939.52(3)(c)
(c) For a Class C forfeiture, a forfeiture not to exceed $500.
939.52(3)(d)
(d) For a Class D forfeiture, a forfeiture not to exceed $200.
939.52(3)(e)
(e) For a Class E forfeiture, a forfeiture not to exceed $25.
939.60
939.60
Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.
939.60 History
History: 1977 c. 418 s.
924 (18) (e).
939.60 Annotation
A statutory offense punishable by imprisonment of one year or less in an unspecified place of confinement may result in confinement in a state prison and, therefore, is a felony, regardless of the classification of the offense at the time of the statute's enactment. State ex rel. McDonald v. Douglas County Circuit Ct.
100 Wis. 2d 569,
302 N.W.2d 462 (1981).
939.61
939.61
Penalty when none expressed. 939.61(1)
(1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.
939.61(2)
(2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.
939.61(3)
(3) Common law penalties are abolished.
939.61 History
History: 1977 c. 173.
939.615
939.615
Lifetime supervision of serious sex offenders. 939.615(1)(a)
(a) "Department" means the department of corrections.
939.615(1)(b)
(b) "Serious sex offense" means any of the following:
939.615(1)(b)1.
1. A violation, or the solicitation, conspiracy, or attempt to commit a violation, of
s. 940.22 (2),
940.225 (1),
(2), or
(3),
948.02 (1) or
(2),
948.025 (1),
948.05 (1) or
(1m),
948.055 (1),
948.06,
948.07,
948.075,
948.08,
948.11 (2) (a),
948.12, or
948.13.
939.615(1)(b)2.
2. A violation, or the solicitation, conspiracy or attempt to commit a violation, under
ch. 940,
943,
944 or
948 other than a violation specified in
subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor's sexual arousal or gratification.
939.615(2)
(2) When lifetime supervision may be ordered. 939.615(2)(a)(a) Except as provided in
par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under
s. 971.17, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under
s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.
