941.295(2)(d)
(d) Any manufacturer or seller of electric weapons, unless the manufacturer or seller engages in the conduct described in
sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:
941.295(2)(d)2.
2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.
941.295(2)(e)
(e) Any common carrier transporting electric weapons.
941.295(2g)
(2g) The prohibition in
sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:
941.295(2g)(b)
(b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.
941.295(2r)
(2r) The prohibition in
sub. (1m) on transporting an electric weapon does not apply to any of the following:
941.295(2r)(b)
(b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.
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.
941.296
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. Notwithstanding
s. 939.22 (22), this paragraph does not apply to a commission warden.
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;
2007 a. 27.
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. Notwithstanding
s. 939.22 (22), this paragraph does not apply to a commission warden.
941.298(3)(b)
(b) Any armed forces or national guard personnel, while in the line of duty.
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, law enforcement officer, or commission warden without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer, law enforcement officer, or commission warden 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;
2007 a. 27.
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 Note
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. Notwithstanding
s. 939.22 (22), this paragraph does not apply to a commission warden.
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.
941.31 Annotation
The court applied a dictionary definition of explosive material as "a substance that on ignition by heat, impact, friction, or detonation undergoes very rapid decomposition (as combustion) with the production of heat and the formation of more stable products (as gases) which exert tremendous pressure as they expand at the high temperature produced" in finding methyl ethyl ketone, commonly known as acetone, is an explosive material under sub. (2) (a). State v. Strong,
2011 WI App 43,
332 Wis. 2d 554,
796 N.W.2d 438,
10-1798.
941.31 Annotation
A device qualifies as an improvised explosive under sub. (2) (a) even if it lacks a functioning detonator as long as a means of detonation can be readily inserted or attached. The defendant's devices met this requirement because the detonators could have been made operable with the insertion of two readily available parts. State v. Strong,
2011 WI App 43,
332 Wis. 2d 554,
796 N.W.2d 438,
10-1798.
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.
941.315(2)(b)
(b) Intentionally or otherwise inhales nitrous oxide.
941.315(3)
(3) Whoever does any of the following is guilty of a Class H felony:
941.315(3)(a)
(a) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide to a person who has not attained the age of 21.
941.315(3)(b)
(b) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide or a substance containing nitrous oxide to a person aged 21 years or older knowing or having reason to know that the person will use the nitrous oxide in violation of
sub. (2).
