946.42 Annotation
There is no denial of equal protection in the punishment under sub. (3) (d) [now (3) (g)] of persons committed under the sex crimes law when persons civilly committed are not subject to the same statute. State v. Neutz,
69 Wis. 2d 292,
230 N.W.2d 806 (1975).
946.42 Annotation
A defendant's escape under the work-release statute was an escape under s. 946.42 (3). Brown v. State,
73 Wis. 2d 703,
245 N.W.2d 670 (1976).
946.42 Annotation
Because an individual committed under ch. 975 has not been sentenced within the meaning of sub. (4), a sentence for an escape from commitment custody need not be served consecutive to the commitment. State v. Hungerford,
76 Wis. 2d 171,
251 N.W.2d 9 (1977).
946.42 Annotation
The sentence for an escape conviction may be consecutive to a sex crime commitment. State v. Kruse,
101 Wis. 2d 387,
305 N.W.2d 85 (1981).
946.42 Annotation
It is not necessary to leave the physical boundaries of an institution to complete an act of escape. State v. Sugden,
143 Wis. 2d 728,
422 N.W.2d 624 (1988).
946.42 Annotation
Under sub. (5) (b) [now sub. (1) (a)], an individual is "in custody" once freedom of movement is restricted; one lawfully arrested may not leave without permission. State v. Adams,
152 Wis. 2d 68,
447 N.W.2d 90 (Ct. App. 1989).
946.42 Annotation
A person can be "in custody" without being under "legal arrest," but a person cannot be under "legal arrest" without being "in custody." State v. Hoffman,
163 Wis. 2d 752,
472 N.W.2d 558 (Ct. App. 1991).
946.42 Annotation
A traffic regulation under sub. (2) (a) does not include any offense punishable as a crime. State v. Beasley,
165 Wis. 2d 97,
477 N.W.2d 57 (Ct. App. 1991).
946.42 Annotation
Upon conviction of a crime, a person is in custody regardless of physical control. Leaving without the court's granting release is escape. State v. Scott,
191 Wis. 2d 146,
528 N.W.2d 46 (Ct. App. 1995).
946.42 Annotation
As used in sub. (1) (a), "medical care" includes treatment at drug and alcohol rehabilitation centers. State v. Sevelin,
204 Wis. 2d 127,
554 N.W.2d 521 (Ct. App. 1996),
96-0729.
946.42 Annotation
Failure to return to jail while on work release from incarceration for failure to pay a municipal forfeiture is escape under this section. State v. Smith,
214 Wis. 2d 541,
571 N.W.2d 472 (Ct. App. 1997),
97-0266.
946.42 Annotation
Detention at the Wisconsin Resource Center while awaiting evaluation and trial on a petition for commitment as a sexually violent person under Chapter 980 does not subject the detainee to escape charges under this section. Thorson v. Schwarz, 2004 WI 96,
274 Wis. 2d 1,
681 N.W.2d 914,
02-3380.
946.425
946.425
Failure to report to jail. 946.425(1)
(1) Any person who is subject to a series of periods of imprisonment under
s. 973.03 (5) (b) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.
946.425(1m)(a)(a) Any person who receives a stay of execution of a sentence of imprisonment of less than 10 days to a county jail under
s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class A misdemeanor.
946.425(1m)(b)
(b) Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under
s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.
946.425(1r)(a)(a) Any person who is subject to a confinement order under
s. 973.09 (4) as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.
946.425(1r)(b)
(b) Any person who is subject to a confinement order under
s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class H felony.
946.425(3)
(3) A prosecutor may not charge a person with violating both
subs. (1) and
(1m) regarding the same incident or occurrence.
946.425 Annotation
Custody under sub. (1) (a) does not include the custody of a parole or probation officer. State v. Zimmerman, 2001 WI App 238,
248 Wis. 2d 370,
635 N.W.2d 864,
00-3173.
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 F 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 is guilty of a Class I felony:
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).
946.44
946.44
Assisting or permitting escape. 946.44(1)
(1) Whoever does the following is guilty of a Class H 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 F 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 F felony.
946.44(2)(c)
(c) "Institution" includes a juvenile correctional facility, as defined in
s. 938.02 (10p), a secured residential care center for children and youth, as defined in
s. 938.02 (15g), and a Type 2 residential care center for children and youth, as defined in
s. 938.02 (19r).
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 juvenile correctional facility or a secured residential care center for children and youth under
s. 938.183,
938.34 (4m), or
938.357 (4) or
(5) (e), who is placed in a Type 2 residential care center for children and youth 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;
2001 a. 109;
2005 a. 344.
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)(c)
(c) "Institution" includes a juvenile correctional facility, as defined in
s. 938.02 (10p), a secured residential care center for children and youth, as defined in
s. 938.02 (15g), and a Type 2 residential care center for children and youth, as defined in
s. 938.02 (19r).
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 juvenile correctional facility or a secured residential care center for children and youth under
s. 938.183,
938.34 (4m) or
938.357 (4) or
(5) (e), who is placed in a Type 2 residential care center for children and youth 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.
946.465
946.465
Tampering with a global positioning system tracking device. Whoever, without the authorization of the department of corrections, intentionally tampers with, or blocks, diffuses, or prevents the clear reception of, a signal transmitted by, a global positioning system tracking device or comparable technology that is provided under
s. 301.48 is guilty of a Class I felony.
946.465 History
History: 2005 a. 431;
2007 a. 181.
946.47
946.47
Harboring or aiding felons. 946.47(1)
(1) Whoever does either of the following is guilty of a Class I 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),
97-3131.
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 H 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;
2001 a. 109.
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 H felony.
946.49(2)
(2) A witness for whom bail has been required under
s. 969.01 (3) is guilty of a Class I felony for failure to appear as provided.
946.49 History
History: 1977 c. 173;
2001 a. 109.
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),
94-2570.
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),
97-0071.
946.49 Annotation
Charging a defendant with 2 counts of bail jumping when the defendant violated multiple conditions of a single bond was not multiplicitous. State v. Anderson,
219 Wis. 2d 739,
580 N.W.2d 329 (1998),
96-0087.
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),
98-0962.
946.49 Annotation
When the meaning and scope of a bond condition is at issue for purposes of determining whether there is the basis for a criminal charge, the threshold question is whether the bond condition itself covers the defendant's conduct in the case, and not whether the evidence plausibly establishes that the defendant believed that he or she was violating the condition. State v. Schaab, 2000 WI App 204,
238 Wis. 2d 598,
617 N.W.2d 872,
99-2203.
946.49 Annotation
When a bail jumping charge is premised upon the commission of a further crime, the jury must be properly instructed regarding the elements of that further crime. When a bail jumping charge is premised upon the commission of a lesser-included offense of the further crime, the jury must be properly instructed under the law of lesser-included offenses. State v. Henning, 2003 WI App 54,
261 Wis. 2d 664,
660 N.W.2d 698,
02-1287. Reversed on other grounds, 2004 WI 89,
273 Wis. 2d 352,
681 N.W.2d 871,
02-1287.
946.49 Annotation
"Release" refers to the defendant posting the bond, be it signature or cash, and need not be accompanied by the defendant's physical departure from the jailhouse. Here, the defendant made bond on a signature bond by signing it, therefore committing himself to its conditions although he did not post 2 required cash bonds. While not physically released the defendant was subject to this section for violating the conditions of the signature bond. State v. Dewitt, 2008 WI App 134, ___ Wis. 2d ___, ___ N.W.2d ___,
07-2869.
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 circuit 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.
