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.
946.78
946.78
False statement regarding military service. 946.78(1)(a)
(a) “Military" means the U.S. armed forces, the state defense force, the national guard of any state, or any other reserve component of the U.S. armed forces.
946.78(1)(b)
(b) “Tangible benefit" includes financial remuneration, an effect on the outcome of a criminal or civil court proceeding, an effect on an election, and any benefit relating to service in the military that is provided by a federal, state, or local governmental unit or agency.
946.78(2)
(2) Except as provided in
sub. (3), whoever knowingly and with the intent to receive a tangible benefit falsely claims any of the following is guilty of a Class A misdemeanor:
946.78(2)(a)
(a) That he or she is or was a service member in the military.
946.78(2)(b)
(b) That he or she has been awarded a Congressional Medal of Honor, a Distinguished Service Cross, a Navy Cross, an Air Force Cross, a Silver Star, a Bronze Star, a Purple Heart, a Combat Infantryman's Badge, a Combat Action Badge, a Combat Medical Badge, a Combat Action Ribbon, a Combat Action Medal, or a Special Operations Identifier or Special Qualification or Skill Identifier, as authorized by Congress or pursuant to federal law for the U.S. armed forces.
946.78(3)
(3) Any person violating
sub. (2) 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.
946.78 History
History: 2015 a. 30.
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.
946.82(1)
(1) “Commission of a crime" means being concerned in the commission of a crime under
s. 939.05.
946.82(2)
(2) “Enterprise" means any sole proprietorship, partnership, limited liability company, corporation, business trust, union organized under the laws of this state or other legal entity or any union not organized under the laws of this state, association or group of individuals associated in fact although not a legal entity. “Enterprise" includes illicit and licit enterprises and governmental and other entities.
946.82(3)
(3) “Pattern of racketeering activity" means engaging in at least 3 incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, provided at least one of the incidents occurred after April 27, 1982 and that the last of the incidents occurred within 7 years after the first incident of racketeering activity. Acts occurring at the same time and place which may form the basis for crimes punishable under more than one statutory provision may count for only one incident of racketeering activity.
946.82(4)
(4) “Racketeering activity" means any activity specified in
18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in:
chs. 945 and
961,
subch. V of ch. 551, and
ss. 49.49,
134.05,
139.44 (1),
180.0129,
181.0129,
185.825,
201.09 (2),
215.12,
221.0625,
221.0636,
221.0637,
221.1004,
553.41 (3) and
(4),
553.52 (2),
940.01,
940.19 (4) to
(6),
940.20,
940.201,
940.203,
940.21,
940.30,
940.302 (2),
940.305,
940.31,
941.20 (2) and
(3),
941.26,
941.28,
941.298,
941.31,
941.32,
942.09,
943.01 (2),
(2d), or
(2g),
943.011,
943.012,
943.013,
943.02,
943.03,
943.04,
943.05,
943.06,
943.10,
943.20 (3) (bf) to
(e),
943.201,
943.203,
943.23 (1g),
(2) and
(3),
943.24 (2),
943.27,
943.28,
943.30,
943.32,
943.34 (1) (bf),
(bm), and
(c),
943.38,
943.39,
943.40,
943.41 (8) (b) and
(c),
943.50 (4) (bf),
(bm), and
(c) and
(4m),
943.60,
943.70,
943.76,
943.81,
943.82,
943.83,
943.84,
943.85,
943.86,
943.87,
943.88,
943.89,
943.90,
944.21 (5) (c) and
(e),
944.32,
944.34,
945.03 (1m),
945.04 (1m),
945.05 (1),
945.08,
946.10,
946.11,
946.12,
946.13,
946.31,
946.32 (1),
946.48,
946.49,
946.61,
946.64,
946.65,
946.72,
946.76,
946.79,
947.015,
948.05,
948.051,
948.08,
948.12, and
948.30.
946.82 History
History: 1981 c. 280;
1983 a. 438;
1985 a. 104;
1985 a. 236 s.
15;
1987 a. 266 s.
5;
1987 a. 332,
348,
349,
403;
1989 a. 121,
303;
1991 a. 32,
39,
189;
1993 a. 50,
92,
94,
112,
280,
441,
491;
1995 a. 133,
249,
336,
448;
1997 a. 35,
79,
101,
140,
143,
252;
1999 a. 9,
150;
2001 a. 16,
105,
109;
2003 a. 36,
321;
2005 a. 212;
2007 a. 116,
196;
2009 a. 180;
2011 a. 174;
2013 a. 362.
946.82 Annotation
The definition of “pattern of racketeering" is not unconstitutionally vague. The definition of “enterprise" is discussed. State v. O'Connell,
179 Wis. 2d 598,
508 N.W.2d 23 (Ct. App. 1993).
946.82 Annotation
Repeated use of illegally copied computer software did not constitute a pattern of racketeering. Management Computer Services v. Hawkins,
196 Wis. 2d 578,
539 N.W.2d 111 (Ct. App. 1995),
93-0140.
946.82 Annotation
WOCCA does not require proof of intent or knowledge beyond that required for the underlying predicate offense. State v. Mueller,
201 Wis. 2d 121,
549 N.W.2d 455 (Ct. App. 1996),
93-3227.
946.82 Annotation
The analysis for a “pattern of racketeering activity" under WOCCA is the same as under RICO. Brunswick Corp. v. E.A. Doyle Mfg. Co.
770 F. Supp. 1351 (1991).
946.83
946.83
Prohibited activities. 946.83(1)
(1) No person who has received any proceeds with knowledge that they were derived, directly or indirectly, from a pattern of racketeering activity may use or invest, whether directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
946.83(2)
(2) No person, through a pattern of racketeering activity, may acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
946.83(3)
(3) No person employed by, or associated with, any enterprise may conduct or participate, directly or indirectly, in the enterprise through a pattern of racketeering activity.
946.83 History
History: 1981 c. 280.
946.83 Annotation
Sub. (3) requires that the person be separate from the enterprise; as matter of law, an individual is separate from a solely-owned enterprise if it is a corporation. State v. Judd,
147 Wis. 2d 398,
433 N.W.2d 260 (Ct. App. 1988).
