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.
946.69 Annotation
Sub. (1) [now sub. (2) (a)] is not unconstitutionally vague or overbroad. State v. Wickstrom,
118 Wis. 2d 339,
348 N.W.2d 183 (Ct. App. 1984).
946.70
946.70
Impersonating peace officers, fire fighters, or other emergency personnel. 946.70(1)(a)(a) 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(1)(b)
(b) Except as provided in
sub. (2), whoever impersonates a fire fighter with intent to mislead others into believing that the person is actually a fire fighter is guilty of a Class A misdemeanor.
946.70(1)(c)
(c) Except as provided in
sub. (2), whoever impersonates an emergency medical technician, as defined in
s. 256.01 (5), with intent to mislead others into believing that the person is actually an emergency medical technician is guilty of a Class A misdemeanor.
946.70(1)(d)
(d) Except as provided in
sub. (2), whoever impersonates a first responder, as defined in
s. 256.01 (9), with intent to mislead others into believing that the person is actually a first responder 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 a 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.
946.71
946.71
Unlawful use of license for carrying concealed weapons. 946.71(2)
(2) Whoever does any of the following is guilty of a Class A misdemeanor:
946.71(2)(a)
(a) Intentionally represents as valid any revoked, suspended, fictitious, or fraudulently altered license.
946.71(2)(b)
(b) If the actor holds a license, intentionally sells or lends the license to any other individual or knowingly permits another individual to use the license.
946.71(2)(c)
(c) Intentionally represents as one's own any license not issued to him or her.
946.71(2)(d)
(d) If the actor holds a license, intentionally permits any unlawful use of that license.
946.71(2)(e)
(e) Intentionally reproduces by any means a copy of a license for a purpose that is prohibited under this subsection.
946.71(2)(f)
(f) Intentionally defaces or intentionally alters a license.
946.71 History
History: 2011 a. 35.
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.
946.73
946.73
Penalty for violating laws governing state or county institutions. Whoever violates any state law or any lawful rule made pursuant to state law governing state fair park or any state or county charitable, curative, reformatory, or penal institution while within the same or the grounds thereof is guilty of a Class C misdemeanor.
946.73 History
History: 1977 c. 173;
1993 a. 213,
215,
491.
946.74
946.74
Aiding escape from mental institutions. 946.74(1)(1) Whoever intentionally does or attempts to do any of the following is guilty of a Class A misdemeanor:
946.74(1)(a)
(a) Aids any person committed to an institution for the care of the mentally ill, infirm or deficient to escape therefrom.
946.74(1)(b)
(b) Introduces into any institution for the care of the mentally ill, infirm or deficient, or transfers to any person committed to such institution, anything adapted or useful in making an escape therefrom, with intent to aid any person to escape.
946.74(1)(c)
(c) Removes from any institution for the care of the mentally ill, infirm or deficient any person committed thereto.
946.74(2)
(2) Whoever violates
sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class H felony.
946.74 History
History: 1977 c. 173;
2001 a. 109.
946.75
946.75
Denial of right of counsel. Whoever, while holding another person in custody and if that person requests a named attorney, denies that other person the right to consult and be advised by an attorney at law at personal expense, whether or not such person is charged with a crime, is guilty of a Class A misdemeanor.
946.75 History
History: 1977 c. 173.
946.76
946.76
Search warrant; premature disclosure. Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class I felony.
946.76 History
History: 1977 c. 173;
2001 a. 109.
946.79
946.79
False statements to financial institutions. 946.79(1)(a)
(a) "Financial institution" means a bank, savings bank, savings and loan association, credit union, loan company, sales finance company, insurance premium finance company, community currency exchange, seller of checks, insurance company, trust company, securities broker-dealer, as defined in
s. 551.102 (4), mortgage banker, mortgage broker, pawnbroker, as defined in
s. 134.71 (1) (e), telegraph company, or dealer in precious metals, stones, or jewels.
946.79(1)(b)
(b) "Financial transaction information" means information being submitted to a financial institution in connection with a transaction with that financial institution.
946.79(1)(c)
(c) "Monetary instrument" includes any of the following:
946.79(1)(c)1.
1. Coin or currency of the United States or any other country.
946.79(1)(c)2.
2. Traveler's check, personal check, money order, or share draft or other draft for payment.
946.79(1)(c)3.
3. Investment security or negotiable instrument, in bearer form, book entry, or other form that provides that title to the security or instrument passes upon delivery or transfer of the security or instrument.
946.79(1)(f)
(f) "Transaction" means the acquisition or disposition of property by any means, including any of the following:
946.79(1)(f)1.
1. The purchase, sale, trade, transfer, transmission, exchange, loan, pledge, investment, delivery, deposit, or withdrawal of a monetary instrument.
946.79(2)
(2) Whoever knowingly does any of the following in connection with the submission of financial transaction information is guilty of a Class H felony:
946.79(2)(a)
(a) Falsifies or conceals or attempts to falsify or conceal an individual's identity.
946.79(2)(b)
(b) Makes a false statement regarding an individual's identity.
946.79(2)(c)
(c) Makes or uses a writing containing false information regarding an individual's identity.
946.79(2)(d)
(d) Uses a false personal identification document or false personal identifying information.
946.79 History
History: 2003 a. 36;
2007 a. 196.
RACKETEERING ACTIVITY AND CONTINUING CRIMINAL ENTERPRISE
946.80
946.80
Short title. Sections 946.80 to
946.88 may be cited as the Wisconsin Organized Crime Control Act.
946.80 History
History: 1981 c. 280;
1989 a. 121.
946.80 Annotation
RICO and WOCCA. Gegios and Jervis. Wis. Law. Apr. 1990.
946.81
946.81
Intent. The legislature finds that a severe problem is posed in this state by the increasing organization among certain criminal elements and the increasing extent to which criminal activities and funds acquired as a result of criminal activity are being directed to and against the legitimate economy of the state. The legislature declares that the intent of the Wisconsin Organized Crime Control Act is to impose sanctions against this subversion of the economy by organized criminal elements and to provide compensation to private persons injured thereby. It is not the intent of the legislature that isolated incidents of misdemeanor conduct be prosecuted under this act, but only an interrelated pattern of criminal activity the motive or effect of which is to derive pecuniary gain.
946.81 History
History: 1981 c. 280.
946.81 Annotation
If a party violating this section could defend its actions using the voluntary payment rule, then the broad, remedial purpose of this section would be undermined. MBS-Certified Public Accountants, LLC v. Wisconsin Bell Inc.
2013 WI App 14,
346 Wis. 2d 173,
828 N.W.2d 575,
08-1830.
