941.291(5m)
(5m) Exemption based on request by certain witnesses and informers. 941.291(5m)(a)(a) A person who is otherwise prohibited from possessing body armor under
sub. (2) may possess body armor if all of the following apply:
941.291(5m)(a)2.
2. The law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance determines that there is reason to believe that the person may be in danger of suffering death or great bodily harm because he or she is furnishing or has furnished information or because he or she is assisting or has assisted or is assisting in an investigation.
941.291(5m)(a)3.
3. The law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance approves of the person's request to possess body armor under
par. (b).
941.291(5m)(b)
(b) A person seeking an exemption under this subsection from the prohibition under
sub. (2) shall request the exemption from the law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance. The law enforcement agency may deny the request for an exemption, grant a complete exemption from the prohibition, or grant a partial exemption by allowing possession of body armor only under certain specified circumstances or in certain locations or both. If the law enforcement agency grants a request for an exemption under this subsection, it shall keep a written record of the exemption. If the exemption is a partial exemption, the record shall specify the circumstances under which the person may possess body armor, the locations in which the person may possess body armor, or, if applicable, both. A written record relating to an exemption granted by a law enforcement agency under this subsection is not subject to inspection or copying under
s. 19.35 (1), except that a written record shall, upon request, be disclosed to another law enforcement agency or a district attorney, if the other law enforcement agency or the district attorney is investigating or prosecuting an alleged violation of
sub. (2) or to the person to whom the exemption was granted.
941.291(6)
(6) Exemption from prohibition for certain prisoners. A person who is prohibited from possessing body armor under
sub. (2) may wear body armor if he or she is in the actual custody of a law enforcement officer, as defined in
s. 165.85 (2) (c), or a correctional officer, as defined in
s. 102.475 (8) (a), and is wearing the body armor at the request or direction of the law enforcement officer or correctional officer.
941.291 History
History: 2001 a. 95;
2003 a. 321;
2005 a. 212,
277; s. 13.93 (2) (c).
941.295
941.295
Possession of electric weapon. 941.295(1)
(1) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony.
941.295(2)(b)
(b) Any armed forces or national guard personnel while on official duty.
941.295(2)(c)
(c) Any corrections personnel in the department of corrections while on official duty.
941.295(2)(d)
(d) Any manufacturer or seller whose electric weapons are used in this state solely by persons specified in
pars. (a) to
(c).
941.295(2)(e)
(e) Any common carrier transporting electric weapons.
941.295(3)
(3) During the first 30 days after May 7, 1982, the electric weapons may be surrendered to any peace officer. Peace officers shall forward electric weapons to the crime laboratories if the retention of those weapons is not necessary for criminal prosecution purposes.
941.295(4)
(4) In this section, "electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.
941.296
941.296
Use or possession of a handgun and an armor-piercing bullet during crime. 941.296(1)(a)
(a) "Armor-piercing bullet" means a bullet meeting any of the following criteria: any projectile or projectile core that may be fired from any handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium.
941.296(2)
(2) Whoever uses or possesses a handgun during the commission of a crime under
chs. 939 to
948 or
961 is guilty of a Class H felony under any of the following circumstances.
941.296(2)(a)
(a) The handgun is loaded with an armor-piercing bullet or a projectile or projectile core that may be fired from the handgun with a muzzle velocity of 1,500 feet per second or greater.
941.296(2)(b)
(b) The person possesses an armor-piercing bullet capable of being fired from the handgun.
941.2965
941.2965
Restrictions on use of facsimile firearms. 941.2965(1)(1) In this section, "facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. "Facsimile firearm" does not include any actual firearm.
941.2965(2)
(2) No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture.
941.2965(3)
(3) Subsection (2) does not apply to any of the following:
941.2965(3)(a)
(a) Any peace officer acting in the discharge of his or her official duties.
941.2965(3)(b)
(b) Any person engaged in military activities, sponsored by the state or federal government, acting in the discharge of his or her official duties.
941.2965(3)(c)
(c) Any person who is on his or her own real property, in his or her own home or at his or her own fixed place of business.
941.2965(3)(d)
(d) Any person who is on real property and acting with the consent of the owner of that property.
941.2965 History
History: 1993 a. 191;
1993 a. 491 s.
262; Stats. 1993 s. 941.2965.
941.297
941.297
Sale or distribution of imitation firearms. 941.297(1)(1) In this section, "look-alike firearm" means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. "Look-alike firearm" does not include any imitation, nonfiring, collector replica of an antique firearm developed prior to 1898, or any traditional beebee, paint-ball or pellet-firing air gun that expels a projectile through the force of air pressure.
941.297(2)
(2) Beginning November 1, 1992, no person may sell or distribute any look-alike firearm. Whoever violates this subsection is subject to a Class A forfeiture.
941.297(3)
(3) This section does not apply to the sale or distribution of a look-alike firearm that complies with the marking or waiver requirements under
15 USC 5001 (b).
941.297 History
History: 1991 a. 155.
941.298(1)(1) In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.
941.298(2)
(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.
941.298(3)
(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
941.298(3)(a)
(a) Any peace officer who is acting in compliance with the written policies of the officer's department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy.
941.298(3)(b)
(b) Any armed forces or national guard personnel, while in the line of duty.
941.298 History
History: 1991 a. 39;
2001 a. 109.
941.299
941.299
Restrictions on the use of laser pointers. 941.299(1)(b)
(b) "Laser pointer" means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
941.299(2)
(2) No person may do any of the following:
941.299(2)(a)
(a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer or law enforcement officer without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer or law enforcement officer who is acting in an official capacity.
941.299(2)(b)
(b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being.
941.299(2)(c)
(c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person.
941.299(2)(d)
(d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance.
941.299(3)(c)
(c) A person may be charged with a violation of
sub. (2) (a) or
(b) or both for an act involving the same victim. If the person is charged with violating both
sub. (2) (a) and
(b) with respect to the same victim, the charges shall be joined. If the person is found guilty of both
sub. (2) (a) and
(b) for an act involving the same victim, the charge under
sub. (2) (b) shall be dismissed and the person may be sentenced only under
sub. (2) (a).
941.299 History
History: 1999 a. 157.
OTHER DANGEROUS INSTRUMENTALITIES
AND PRACTICES
941.30
941.30
Recklessly endangering safety. 941.30(1)
(1)
First-degree recklessly endangering safety. Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class F felony.
941.30(2)
(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class G felony.
941.30 History
History: 1987 a. 399;
2001 a. 109.
941.30 Note
Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
941.30 Annotation
Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]
941.30 Annotation
A bomb scare under s. 947.015 is not a lesser included crime of recklessly endangering safety. State v. Van Ark,
62 Wis. 2d 155,
215 N.W.2d 41 (1974).
941.30 Annotation
Section 941.30 is a lesser included offense of s. 940.01, 1st-degree homicide. State v. Weeks,
165 Wis. 2d 200,
477 N.W.2d 642 (Ct. App. 1991).
941.30 Annotation
A conviction under sub. (1) was proper when the defendant desisted from an attack but showed no regard for the victim's life or safety during the attack. State v. Holtz,
173 Wis. 2d 515,
496 N.W.2d 668 (Ct. App. 1992).
941.31
941.31
Possession of explosives. 941.31(1)
(1) Whoever makes, buys, transports, possesses, or transfers any explosive compound or offers to do the same, either with intent to use such explosive to commit a crime or knowing that another intends to use it to commit a crime, is guilty of a Class F felony.
941.31(2)(a)(a) In this subsection, "improvised explosive device" means a destructive explosive device capable of causing bodily harm, great bodily harm, death or property damage; with some type of explosive material and a means of detonating the explosive material, directly, remotely, or with a timer either present or readily capable of being inserted or attached; which may include a pipe or similar casing, with the ends of the pipe or casing capped, plugged or crimped, and a fuse or similar object sticking out of the pipe or casing; and made by a person not engaged in the legitimate manufacture or legitimate use of explosives, or otherwise authorized by law to do so. "Improvised explosive device" does not include ammunition for any rifle, pistol or shotgun.
941.31(2)(b)
(b) Whoever makes, buys, sells, transports, possesses, uses or transfers any improvised explosive device, or possesses materials or components with intent to assemble any improvised explosive device, is guilty of a Class H felony.
941.31(2)(c)
(c) This subsection does not apply to the transportation, possession, use or transfer of any improvised explosive device by any armed forces or national guard personnel or to any peace officer in the line of duty or as part of a duty-related function or exercise. The restriction on transportation in this subsection does not apply to common carriers.
941.31 Annotation
Sub. (1) is not unconstitutionally vague. An explosive is any chemical compound, mixture, or device, the primary purpose of which is to function by explosion. An explosion is a substantially instantaneous release of both gas and heat. State v. Brulport,
202 Wis. 2d 505,
551 N.W.2d 824 (Ct. App. 1996),
95-1687.
941.31 Annotation
First-degree recklessly endangering safety is not a lesser included offense of s. 940.19 (5), aggravated battery. State v. Dibble, 2002 WI App 219, 257 Wis. 2d. 274,
650 N.W.2d 908,
02-0538.
941.315
941.315
Possession, distribution or delivery of nitrous oxide. 941.315(1)(a)
(a) "Deliver" or "delivery" means the actual, constructive or attempted transfer of nitrous oxide or a substance containing nitrous oxide from one person to another.
941.315(1)(b)
(b) "Distribute" means to deliver, other than by administering.
941.315(2)
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
941.315(2)(a)
(a) Possesses nitrous oxide or a substance containing nitrous oxide with the intent to inhale the nitrous oxide.
