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.
946.495 History
History: 1997 a. 328;
2001 a. 61.
946.50
946.50
Absconding. Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under
chs. 48 and
938 for his or her dispositional hearing under
s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years is guilty of the following:
946.50(1)
(1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.
946.50(2)
(2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.
946.50(3)
(3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony if committed by an adult.
946.50(4)
(4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.
946.50(5)
(5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony if committed by an adult.
946.50(5d)
(5d) A Class F felony, if the person was adjudicated delinquent for committing an act that would be a Class F felony if committed by an adult.
946.50(5h)
(5h) A Class G felony, if the person was adjudicated delinquent for committing an act that would be a Class G felony if committed by an adult.
946.50(5p)
(5p) A Class H felony, if the person was adjudicated delinquent for committing an act that would be a Class H felony if committed by an adult.
946.50(5t)
(5t) A Class I felony, if the person was adjudicated delinquent for committing an act that would be a Class I felony if committed by an adult.
946.50(6)
(6) A Class A misdemeanor, if the person was adjudicated delinquent for committing an act that would be a misdemeanor if committed by an adult.
946.50 History
History: 1995 a. 77;
2001 a. 109.
OTHER CRIMES AFFECTING THE
ADMINISTRATION OF GOVERNMENT
946.60
946.60
Destruction of documents subject to subpoena. 946.60(1)(1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class I felony.
946.60(2)
(2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class I felony.
946.60(3)
(3) It is not a defense to a prosecution under this section that:
946.60(3)(a)
(a) The document would have been legally privileged or inadmissible in evidence.
946.60(3)(b)
(b) The subpoena was directed to a person other than the defendant.
946.60 History
History: 1981 c. 306;
2001 a. 109.
946.61
946.61
Bribery of witnesses. 946.61(1)
(1) Whoever does any of the following is guilty of a Class H felony:
946.61(1)(a)
(a) With intent to induce another to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee or administrative agency authorized by statute to determine issues of fact, transfers to him or her or on his or her behalf, any property or any pecuniary advantage; or
946.61(1)(b)
(b) Accepts any property or any pecuniary advantage, knowing that such property or pecuniary advantage was transferred to him or her or on his or her behalf with intent to induce him or her to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee, or administrative agency authorized by statute to determine issues of fact.
946.61(2)
(2) This section does not apply to a person who is charged with a crime, or any person acting in his or her behalf, who transfers property to which he or she believes the other is legally entitled.
946.61 Annotation
A conviction under this section cannot be sustained if the evidence shows that the defendant only transferred property to induce false testimony. State v. Duda,
60 Wis. 2d 431,
210 N.W.2d 763 (1973).
946.61 Annotation
This section only prohibits paying a person to "refrain" from testifying and does not include influencing testimony. State v. Manthey,
169 Wis. 2d 673,
487 N.W.2d 44 (Ct. App. 1992).
946.64
946.64
Communicating with jurors. Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class I felony.
946.64 History
History: 1977 c. 173;
2001 a. 109.
946.65
946.65
Obstructing justice. 946.65(1)(1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class I felony.
946.65(2)
(2) "Officer of any court" includes the judge, reporter, bailiff and district attorney.
946.65 History
History: 1977 c. 173;
2001 a. 109.
946.65 Annotation
Only conduct that involves a 3rd-party contracting with another to give false information to a court officer in an attempt to influence the performance of the officer's official function is proscribed by this section. State v. Howell,
141 Wis. 2d 58,
414 N.W.2d 54 (Ct. App. 1987).
946.66
946.66
False complaints of police misconduct. 946.66(1)(a)
(a) "Complaint" means a complaint that is filed as part of a procedure established under
s. 66.0511 (3).
946.66(2)
(2) Whoever knowingly makes a false complaint regarding the conduct of a law enforcement officer is subject to a Class A forfeiture.
946.66 History
History: 1997 a. 176;
2001 a. 30.
946.67
946.67
Compounding crime. 946.67(1)(1) Whoever receives any property in return for a promise, express or implied, to refrain from prosecuting a crime or to refrain from giving information bearing on the probable success of a criminal prosecution is guilty of a Class A misdemeanor.
946.67(2)
(2) Subsection (1) does not apply if the act upon which the actual or supposed crime is based has caused a loss for which a civil action will lie and the person who has sustained such loss reasonably believes that he or she is legally entitled to the property received.
946.67(3)
(3) No promise mentioned in this section shall justify the promisor in refusing to testify or to produce evidence against the alleged criminal when subpoenaed to do so.
946.67 History
History: 1977 c. 173;
1993 a. 486.
946.68
946.68
Simulating legal process. 946.68(1g)
(1g) In this section, "legal process" includes a subpoena, summons, complaint, warrant, injunction, writ, notice, pleading, order or other document that directs a person to perform or refrain from performing a specified act and compliance with which is enforceable by a court or governmental agency.
946.68(1r)(a)(a) Except as provided in
pars. (b) and
(c), whoever sends or delivers to another any document which simulates legal process is guilty of a Class I felony.
946.68(1r)(b)
(b) If the document under
par. (a) is sent or delivered with intent to induce payment of a claim, the person is guilty of a Class H felony.
946.68(1r)(c)
(c) If the document under
par. (a) simulates any criminal process, the person is guilty of a Class H felony.
946.68(2)
(2) Proof that a document specified under
sub. (1r) was mailed or was delivered to any person with intent that it be forwarded to the intended recipient is sufficient proof of sending.
946.68(3)
(3) This section applies even though the simulating document contains a statement to the effect that it is not legal process.
946.68(4)
(4) Violation of this section may be prosecuted in either the county where the document was sent or the county in which it was delivered.
946.69
946.69
Falsely assuming to act as a public officer or employee or a utility employee. 946.69(1)
(1) In this section, "utility" means any of the following:
946.69(1)(c)
(c) A cooperative association organized under
ch. 185 or
193 to furnish or provide telecommunications service, or a cooperative organized under
ch. 185 to furnish or provide gas, electricity, power or water.
946.69(2)
(2) Whoever does any of the following is guilty of a Class I felony:
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.
