946.69(2)(a)
(a) Assumes to act in an official capacity or to perform an official function, knowing that he or she is not the public officer or public employee or the employee of a utility that he or she assumes to be.
946.69(2)(b)
(b) Exercises any function of a public office, knowing that he or she has not qualified so to act or that his or her right so to act has ceased.
946.70
946.70
Impersonating peace officers. 946.70(1)
(1) Except as provided in
sub. (2), whoever impersonates a peace officer with intent to mislead others into believing that the person is actually a peace officer is guilty of a Class A misdemeanor.
946.70(2)
(2) Any person violating
sub. (1) with the intent to commit or aid or abet the commission of a crime other than the crime under this section is guilty of a Class H felony.
946.70 Cross-reference
Cross-reference: See s.
125.105 for the offense of impersonating an employee of the department of revenue or the department of justice.
946.72
946.72
Tampering with public records and notices. 946.72(1)(1) Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class H felony.
946.72(2)
(2) Whoever intentionally damages, alters, removes or conceals any public notice, posted as authorized by law, before the expiration of the time for which the notice was posted, is guilty of a Class B misdemeanor.
946.73
946.73
Penalty for violating laws governing state or county institutions. Whoever violates any state law or any lawful rule made pursuant to state law governing state fair park or any state or county charitable, curative, reformatory, or penal institution while within the same or the grounds thereof is guilty of a Class C misdemeanor.
946.73 History
History: 1977 c. 173;
1993 a. 213,
215,
491.
946.74
946.74
Aiding escape from mental institutions. 946.74(1)(1) Whoever intentionally does or attempts to do any of the following is guilty of a Class A misdemeanor:
946.74(1)(a)
(a) Aids any person committed to an institution for the care of the mentally ill, infirm or deficient to escape therefrom.
946.74(1)(b)
(b) Introduces into any institution for the care of the mentally ill, infirm or deficient, or transfers to any person committed to such institution, anything adapted or useful in making an escape therefrom, with intent to aid any person to escape.
946.74(1)(c)
(c) Removes from any institution for the care of the mentally ill, infirm or deficient any person committed thereto.
946.74(2)
(2) Whoever violates
sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class H felony.
946.74 History
History: 1977 c. 173;
2001 a. 109.
946.75
946.75
Denial of right of counsel. Whoever, while holding another person in custody and if that person requests a named attorney, denies that other person the right to consult and be advised by an attorney at law at personal expense, whether or not such person is charged with a crime, is guilty of a Class A misdemeanor.
946.75 History
History: 1977 c. 173.
946.76
946.76
Search warrant; premature disclosure. Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class I felony.
946.76 History
History: 1977 c. 173;
2001 a. 109.
946.79
946.79
False statements to financial institutions. 946.79(1)(a)
(a) "Financial institution" means a bank, savings bank, savings and loan association, credit union, loan company, sales finance company, insurance premium finance company, community currency exchange, seller of checks, insurance company, trust company, securities broker-dealer, as defined in
s. 551.02 (3), mortgage banker, mortgage broker, pawnbroker, as defined in
s. 134.71 (1) (e), telegraph company, or dealer in precious metals, stones, or jewels.
946.79(1)(b)
(b) "Financial transaction information" means information being submitted to a financial institution in connection with a transaction with that financial institution.
946.79(1)(c)
(c) "Monetary instrument" includes any of the following:
946.79(1)(c)1.
1. Coin or currency of the United States or any other country.
946.79(1)(c)2.
2. Traveler's check, personal check, money order, or share draft or other draft for payment.
946.79(1)(c)3.
3. Investment security or negotiable instrument, in bearer form, book entry, or other form that provides that title to the security or instrument passes upon delivery or transfer of the security or instrument.
946.79(1)(f)
(f) "Transaction" means the acquisition or disposition of property by any means, including any of the following:
946.79(1)(f)1.
1. The purchase, sale, trade, transfer, transmission, exchange, loan, pledge, investment, delivery, deposit, or withdrawal of a monetary instrument.
946.79(2)
(2) Whoever knowingly does any of the following in connection with the submission of financial transaction information is guilty of a Class H felony:
946.79(2)(a)
(a) Falsifies or conceals or attempts to falsify or conceal an individual's identity.
946.79(2)(b)
(b) Makes a false statement regarding an individual's identity.
946.79(2)(c)
(c) Makes or uses a writing containing false information regarding an individual's identity.
946.79(2)(d)
(d) Uses a false personal identification document or false personal identifying information.
946.79 History
History: 2003 a. 36.
RACKETEERING ACTIVITY AND CONTINUING CRIMINAL ENTERPRISE
946.80
946.80
Short title. Sections 946.80 to
946.88 may be cited as the Wisconsin Organized Crime Control Act.
946.80 History
History: 1981 c. 280;
1989 a. 121.
946.80 Annotation
RICO and WOCCA. Gegios and Jervis. Wis. Law. Apr. 1990.
946.81
946.81
Intent. The legislature finds that a severe problem is posed in this state by the increasing organization among certain criminal elements and the increasing extent to which criminal activities and funds acquired as a result of criminal activity are being directed to and against the legitimate economy of the state. The legislature declares that the intent of the Wisconsin Organized Crime Control Act is to impose sanctions against this subversion of the economy by organized criminal elements and to provide compensation to private persons injured thereby. It is not the intent of the legislature that isolated incidents of misdemeanor conduct be prosecuted under this act, but only an interrelated pattern of criminal activity the motive or effect of which is to derive pecuniary gain.
946.81 History
History: 1981 c. 280.
946.82(1)
(1) "Commission of a crime" means being concerned in the commission of a crime under
s. 939.05.
946.82(2)
(2) "Enterprise" means any sole proprietorship, partnership, limited liability company, corporation, business trust, union organized under the laws of this state or other legal entity or any union not organized under the laws of this state, association or group of individuals associated in fact although not a legal entity. "Enterprise" includes illicit and licit enterprises and governmental and other entities.
946.82(3)
(3) "Pattern of racketeering activity" means engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, provided at least one of the incidents occurred after April 27, 1982 and that the last of the incidents occurred within 7 years after the first incident of racketeering activity. Acts occurring at the same time and place which may form the basis for crimes punishable under more than one statutory provision may count for only one incident of racketeering activity.
946.82(4)
(4) "Racketeering activity" means any activity specified in
18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in:
chs. 945 and
961 and
ss. 49.49,
134.05,
139.44 (1),
180.0129,
181.0129,
185.825,
201.09 (2),
215.12,
221.0625,
221.0636,
221.0637,
221.1004,
551.41,
551.42,
551.43,
551.44,
553.41 (3) and
(4),
553.52 (2),
940.01,
940.19 (4) to
(6),
940.20,
940.201,
940.203,
940.21,
940.30,
940.305,
940.31,
941.20 (2) and
(3),
941.26,
941.28,
941.298,
941.31,
941.32,
942.09,
943.01 (2),
(2d), or
(2g),
943.011,
943.012,
943.013,
943.02,
943.03,
943.04,
943.05,
943.06,
943.10,
943.20 (3) (bf) to
(e),
943.201,
943.203,
943.23 (1g),
(2) and
(3),
943.24 (2),
943.25,
943.27,
943.28,
943.30,
943.32,
943.34 (1) (bf),
(bm), and
(c),
943.38,
943.39,
943.40,
943.41 (8) (b) and
(c),
943.50 (4) (bf),
(bm), and
(c),
943.60,
943.70,
943.76,
944.21 (5) (c) and
(e),
944.32,
944.33 (2),
944.34,
945.03 (1m),
945.04 (1m),
945.05 (1),
945.08,
946.10,
946.11,
946.12,
946.13,
946.31,
946.32 (1),
946.48,
946.49,
946.61,
946.64,
946.65,
946.72,
946.76,
946.79,
947.015,
948.05,
948.08,
948.12, and
948.30.
946.82 History
History: 1981 c. 280;
1983 a. 438;
1985 a. 104;
1985 a. 236 s.
15;
1987 a. 266 s.
5;
1987 a. 332,
348,
349,
403;
1989 a. 121,
303;
1991 a. 32,
39,
189;
1993 a. 50,
92,
94,
112,
280,
441,
491;
1995 a. 133,
249,
336,
448;
1997 a. 35,
79,
101,
140,
143,
252;
1999 a. 9,
150;
2001 a. 16,
105,
109;
2003 a. 36,
321.
946.82 Annotation
The definition of "pattern of racketeering" is not unconstitutionally vague. The definition of "enterprise" is discussed. State v. O'Connell,
179 Wis. 2d 598,
508 N.W.2d 23 (Ct. App. 1993).
946.82 Annotation
Repeated use of illegally copied computer software did not constitute a pattern of racketeering. Management Computer Services v. Hawkins,
196 Wis. 2d 578,
539 N.W.2d 111 (Ct. App. 1995),
93-0140.
946.82 Annotation
WOCCA does not require proof of intent or knowledge beyond that required for the underlying predicate offense. State v. Mueller,
201 Wis. 2d 121,
549 N.W.2d 455 (Ct. App. 1996),
93-3227.
946.82 Annotation
The analysis for a "pattern of racketeering activity" under WOCCA is the same as under RICO. Brunswick Corp. v. E.A. Doyle Mfg. Co.
770 F. Supp. 1351 (1991).
946.83
946.83
Prohibited activities. 946.83(1)
(1) No person who has received any proceeds with knowledge that they were derived, directly or indirectly, from a pattern of racketeering activity may use or invest, whether directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
946.83(2)
(2) No person, through a pattern of racketeering activity, may acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
946.83(3)
(3) No person employed by, or associated with, any enterprise may conduct or participate, directly or indirectly, in the enterprise through a pattern of racketeering activity.
946.83 History
History: 1981 c. 280.
946.83 Annotation
Sub. (3) requires that the person be separate from the enterprise; as matter of law, an individual is separate from a solely-owned enterprise if it is a corporation. State v. Judd,
147 Wis. 2d 398,
433 N.W.2d 260 (Ct. App. 1988).
946.84(1)(1) Any person convicted of engaging in racketeering activity in violation of
s. 946.83 is guilty of a Class E felony.
946.84(2)
(2) In lieu of a fine under
sub. (1), any person convicted of engaging in conduct in violation of
s. 946.83, through which he or she derived pecuniary value, or by which he or she caused personal injury or property damage or other loss, may be fined not to exceed 2 times the gross value gained or 2 times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred. In calculating the amount of fine based on personal injury, any measurement of pain and suffering shall be excluded.
946.84(3)
(3) The court shall hold a hearing to determine the amount of the fine authorized by
sub. (2).
946.84(4)(a)
(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
946.84(4)(b)
(b) Any other property or service that has a value in excess of $100.
946.84 History
History: 1981 c. 280,
391;
2001 a. 109.
946.85
946.85
Continuing criminal enterprise. 946.85(1)
(1) Any person who engages in a continuing criminal enterprise is guilty of a Class E felony.
946.85(2)
(2) In this section a person is considered to be engaged in a continuing criminal enterprise, if he or she engages in a prohibited activity under
s. 946.83, and:
946.85(2)(a)
(a) The activity is undertaken by the person in concert with 5 or more other persons, each of whom acted with intent to commit a crime and with respect to whom the person occupies a supervisory position; and
946.85(2)(b)
(b) The person obtains gross income or resources in excess of $25,000 from the activity.
946.85 Annotation
There are 3 separate offenses chargeable under sec. 946.85, each requiring proof of a fact the others do not; prosecution of continuing criminal enterprise violations and the predicate offenses does not violate double jeopardy. State v. Evers,
163 Wis. 2d 725,
472 N.W.2d 828 (Ct. App. 1991).
946.86
946.86
Criminal forfeitures. 946.86(1)
(1) In addition to the penalties under
ss. 946.84 and
946.85, the court shall order forfeiture, according to the procedures set forth in
subs. (2) to
(4), of all real or personal property used in the course of, or intended for use in the course of, derived from or realized through conduct in violation of
s. 946.83 or
946.85. All forfeitures under this section shall be made with due provision for the rights of innocent persons. Property constituting proceeds derived from conduct in violation of
s. 946.83 or
946.85 includes, but is not limited to, any of the following:
946.86(1)(a)
(a) Any position, office, appointment, tenure, commission or employment contract of any kind that the defendant acquired or maintained in violation of
s. 946.83 or
946.85, through which the defendant conducted or participated in the conduct of the affairs of an enterprise in violation of
s. 946.83 or
946.85, or that afforded the defendant a source of influence or control over the affairs of an enterprise that the defendant exercised in violation of
s. 946.83 or
946.85.
946.86(1)(b)
(b) Any compensation, right or benefit derived from a position, office, appointment, tenure, commission or employment contract that accrued to the defendant during the period of conduct in violation of
s. 946.83 or
946.85.
