CHAPTER 947
CRIMES AGAINST PUBLIC PEACE, ORDER AND OTHER INTERESTS
947.01 Disorderly conduct.
947.011 Disrupting a funeral or memorial service.
947.012 Unlawful use of telephone.
947.0125 Unlawful use of computerized communication systems.
947.017 Threats to release chemical, biological, or radioactive substances.
947.04 Drinking in common carriers.
947.06 Unlawful assemblies and their suppression.
947.07 Causing violence or breach of the peace by damaging or destroying a U.S. flag.
Ch. 947 Cross-reference
Cross-reference: See definitions in s.
939.22.
947.01
947.01
Disorderly conduct. Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
947.01 History
History: 1977 c. 173;
1979 c. 131.
947.01 Annotation
The defendant was properly convicted of disorderly conduct when he appeared on a stage wearing a minimum of clothing intending to and succeeding in causing a loud reaction in the audience. State v. Maker,
48 Wis. 2d 612,
180 N.W.2d 707 (1970).
947.01 Annotation
An attorney was properly convicted under this section for refusing to leave a ward in a mental hospital until he had seen a client after having made statements in the presence of patients that caused some to become agitated. State v. Elson,
60 Wis. 2d 54,
208 N.W.2d 363 (1973).
947.01 Annotation
It was not disorderly conduct for 4 people to enter an office with other members of the public for the purpose of protesting the draft and to refuse to leave on orders of the police when their conduct was not otherwise disturbing. State v. Werstein,
60 Wis. 2d 668,
211 N.W.2d 437 (1973).
947.01 Annotation
This statute does not require a victim, but when the disorderly conduct is directed at a person, that person is the victim for the purpose of prosecuting the perpetrator for intimidating a victim under s. 940.44. State v. Vinje,
201 Wis. 2d 98,
548 N.W.2d 118 (Ct. App. 1996),
95-1484.
947.01 Annotation
A "true threat" is a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of a purpose to inflict harm, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other similarly protected speech. It is not necessary that the speaker have the ability to carry out the threat. State v. Perkins, 2001 WI 46,
243 Wis. 2d 141,
626 N.W.2d 762,
99-1924.
947.01 Annotation
Purely written speech, even written speech that fails to cause an actual disturbance, can constitute disorderly conduct, but the state has the burden to prove that the speech is constitutionally unprotected "abusive" conduct. "Abusive" conduct is conduct that is injurious, improper, hurtful, offensive, or reproachful. "True threats" clearly fall within the scope of this definition. State v. Douglas D. 2001 WI 47,
243 Wis. 2d 204,
626 N.W.2d 725,
99-1767.
947.01 Annotation
Application of the disorderly conduct statute to speech alone is permissible under appropriate circumstances. When speech is not an essential part of any exposition of ideas, when it is utterly devoid of social value, and when it can cause or provoke a disturbance, the disorderly conduct statute can be applicable. State v. A.S. 2001 WI 48,
243 Wis. 2d 173,
626 N.W.2d 712,
99-2317.
947.01 Annotation
Disorderly conduct does not necessarily require disruptions that implicate the public directly. This section encompasses conduct that tends to cause a disturbance or disruption that is personal or private in nature, as long as there exists the real possibility that the disturbance or disruption will spill over and disrupt the peace, order, or safety of the surrounding community as well. Sending repeated, unwelcome, and anonymous mailings was "otherwise disorderly conduct." State v. Schwebke, 2002 WI 55,
253 Wis. 2d 1,
644 N.W.2d 666,
99-3204.
947.01 Annotation
Defiance of a police officer's order to move is itself disorderly conduct if the order is lawful. Braun v. Baldwin,
346 F.3d 761 (2003).
947.011
947.011
Disrupting a funeral or memorial service. 947.011(1)(a)
(a) "Facility" includes a cemetery in which a funeral or memorial service takes place.
947.011(1)(b)
(b) "Funeral or memorial service" includes a wake or a burial, as defined in
s. 157.061 (1), but does not include a service that is not intended to honor or commemorate one or more specific decedents.
947.011(2)(a)(a) No person may do any of the following during a funeral or memorial service, during the 60 minutes immediately preceding the scheduled starting time of a funeral or memorial service if a starting time has been scheduled, or during the 60 minutes immediately following a funeral or memorial service:
947.011(2)(a)1.
1. Engage in conduct that is prohibited under
s. 947.01 within 500 feet of any entrance to a facility being used for the service with the intent to disrupt the service.
947.011(2)(a)2.
2. Intentionally block access to a facility being used for the service.
947.011(2)(b)
(b) No person, with the intent to disrupt a funeral procession, may impede vehicles that he or she knows are part of the procession.
947.011(2)(c)
(c) No person may do any of the following during a funeral or memorial service, during the 60 minutes immediately preceding the scheduled starting time of a funeral or memorial service if a starting time has been scheduled, or during the 60 minutes immediately following a funeral or memorial service:
947.011(2)(c)1.
1. Engage in conduct that is prohibited under
s. 947.01 within 500 feet of any entrance to a facility being used for the service.
947.011(2)(d)
(d) No person may impede vehicles that are part of a funeral procession if the person's conduct violates
s. 947.01.
947.011(3)(a)(a) Except as provided in
par. (b), any person who violates this section is guilty of a Class A misdemeanor.
947.011(3)(b)
(b) Any person who violates
sub. (2) (a) or
(b) after having been convicted of a violation of this section is guilty of a Class I felony.
947.011 History
History: 2005 a. 114.
947.012
947.012
Unlawful use of telephone. 947.012(1)
(1) Whoever does any of the following is guilty of a Class B misdemeanor:
947.012(1)(a)
(a) With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person.
947.012(1)(b)
(b) With intent to frighten, intimidate, threaten or abuse, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.012(1)(c)
(c) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.
947.012(2)
(2) Whoever does any of the following is subject to a Class B forfeiture:
947.012(2)(a)
(a) With intent to harass or offend, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.012(2)(b)
(b) Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.
947.012(2)(c)
(c) Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.
947.012(2)(d)
(d) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number.
947.012(2)(e)
(e) Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.
947.012 History
History: 1979 c. 131;
1991 a. 39.
947.0125
947.0125
Unlawful use of computerized communication systems. 947.0125(1)(1) In this section, "message" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program, as defined in
s. 943.70 (1) (c).
947.0125(2)
(2) Whoever does any of the following is guilty of a Class B misdemeanor:
947.0125(2)(a)
(a) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message to the person on an electronic mail or other computerized communication system and in that message threatens to inflict injury or physical harm to any person or the property of any person.
947.0125(2)(b)
(b) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message threatens to inflict injury or physical harm to any person or the property of any person.
947.0125(2)(c)
(c) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(2)(d)
(d) With intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(2)(e)
(e) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
947.0125(2)(f)
(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
947.0125(3)
(3) Whoever does any of the following is subject to a Class B forfeiture:
947.0125(3)(a)
(a) With intent to harass, annoy or offend another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(3)(b)
(b) With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
947.0125(3)(c)
(c) With intent solely to harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system.
947.0125(3)(d)
(d) With intent solely to harass another person, sends repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.
947.0125(3)(e)
(e) With intent to harass or annoy another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
947.0125(3)(f)
(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
947.0125(3)(g)
(g) Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.
947.0125 History
History: 1995 a. 353.
947.013(1)(a)
(a) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
947.013(1)(b)
(b) "Credible threat" means a threat made with the intent and apparent ability to carry out the threat.
947.013(1m)
(1m) Whoever, with intent to harass or intimidate another person, does any of the following is subject to a Class B forfeiture:
947.013(1m)(a)
(a) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same.
947.013(1m)(b)
(b) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.
947.013(1r)
(1r) Whoever violates
sub. (1m) under all of the following circumstances is guilty of a Class A misdemeanor:
947.013(1r)(a)
(a) The act is accompanied by a credible threat that places the victim in reasonable fear of death or great bodily harm.
947.013(1r)(b)
(b) The act occurs while the actor is subject to an order or injunction under
s. 813.12,
813.122 or
813.125 that prohibits or limits his or her contact with the victim.
947.013(1t)
(1t) Whoever violates
sub. (1r) is guilty of a Class I felony if the person has a prior conviction under this subsection or
sub. (1r),
(1v), or
(1x) or
s. 940.32 (2),
(2e),
(2m), or
(3) involving the same victim and the present violation occurs within 7 years of the prior conviction.
