941.01(2)
(2) Upon conviction under sub.
(1), no revocation or suspension of an operator's license may follow.
941.01 History
History: 1977 c. 173;
1987 a. 399.
FIRE
941.10
941.10
Negligent handling of burning material. 941.10(1)(1)
Whoever handles burning material in a highly negligent manner is guilty of a Class A misdemeanor.
941.10(2)
(2) Burning material is handled in a highly negligent manner if handled with criminal negligence under s.
939.25 or under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another's property is created.
941.10 History
History: 1977 c. 173;
1987 a. 399.
941.11
941.11
Unsafe burning of buildings. Whoever does either of the following is guilty of a Class H felony:
941.11(1)
(1) Intentionally burns his or her own building under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to another's property; or
941.11(2)
(2) Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a 3rd person's property.
941.12
941.12
Interfering with fire fighting. 941.12(1)(1)
Whoever intentionally interferes with the proper functioning of a fire alarm system or the lawful efforts of fire fighters to extinguish a fire is guilty of a Class I felony.
941.12(2)
(2) Whoever interferes with, tampers with or removes, without authorization, any fire extinguisher, fire hose or any other fire fighting equipment, is guilty of a Class A misdemeanor.
941.12(3)
(3) Whoever interferes with accessibility to a fire hydrant by piling or dumping material near it without first obtaining permission from the appropriate municipal authority is guilty of a Class C misdemeanor. Every day during which the interference continues constitutes a separate offense.
941.12 History
History: 1977 c. 173;
2001 a. 109.
941.13
941.13
False alarms. Whoever intentionally gives a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise, is guilty of a Class A misdemeanor.
941.13 History
History: 1977 c. 173.
WEAPONS
941.20
941.20
Endangering safety by use of dangerous weapon. 941.20(1)(1)
Whoever does any of the following is guilty of a Class A misdemeanor:
941.20(1)(a)
(a) Endangers another's safety by the negligent operation or handling of a dangerous weapon.
941.20(1)(b)
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant.
941.20(1)(bm)
(bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
941.20(1)(c)
(c) Except as provided in sub.
(1m), intentionally points a firearm at or toward another.
941.20(1)(d)
(d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. “Building" as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit.
941.20(1m)(b)
(b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden is guilty of a Class H felony.
941.20(2)
(2) Whoever does any of the following is guilty of a Class G felony:
941.20(2)(a)
(a) Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or
941.20(3)(a)(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s.
340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class F felony:
941.20(3)(a)1.
1. The person discharges the firearm at or toward another.
941.20(3)(a)2.
2. The person discharges the firearm at or toward any building or other vehicle.
941.20(3)(b)1.1. Paragraph
(a) does not apply to any of the following who, in the line of duty, discharges a firearm from a vehicle:
941.20(3)(b)1.a.
a. A peace officer, except for a commission warden who is not a state-certified commission warden.
941.20(3)(c)
(c) The state does not have to negate any exception under par.
(b). Any party that claims that an exception under par.
(b) is applicable has the burden of proving the exception by a preponderance of the evidence.
941.20(3)(d)
(d) The driver of the vehicle may be charged and convicted for a violation of par.
(a) according to the criteria under s.
939.05.
941.20(3)(e)
(e) A person under par.
(a) has a defense of privilege of self-defense or defense of others in accordance with s.
939.48.
941.20 Note
Judicial Council Note, 1988: The mental element of the offense under sub. (1) (a) is changed from reckless conduct to criminal negligence. See s. 939.25. If the defendant acts recklessly, the conduct is prohibited by s. 941.30. [Bill 191-S]
941.20 Annotation
Pointing a firearm is not a lesser included offense of armed robbery and a defendant can be convicted of both. State v. Smith,
55 Wis. 2d 304,
198 N.W.2d 630 (1972).
941.20 Annotation
A jury instruction that shooting “into" a building under sub. (2) (a) occurs when a bullet penetrates the building however slightly, conformed with common usage of the word and was not improper. State v. Grady,
175 Wis. 2d 553,
499 N.W.2d 285 (Ct. App. 1993).
941.20 Annotation
Police officers do not have an absolute right to point their weapons, but privilege may be asserted as an affirmative defense. State v. Trentadue,
180 Wis. 2d 670,
510 N.W.2d 727 (Ct. App. 1993).
941.20 Annotation
Although intentionally pointing a firearm at another constitutes a violation of this section, under s. 939.48 (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference. State v. Watkins,
2002 WI 101,
255 Wis. 2d 265,
647 N.W.2d 244,
00-0064.
941.21
941.21
Disarming a peace officer. Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon or a device or container described under s.
941.26 (1g) (b) or
(4) (a) from the officer without his or her consent is guilty of a Class H felony. This section applies to any dangerous weapon or any device or container described under s.
941.26 (1g) (b) or
(4) (a) that the officer is carrying or that is in an area within the officer's immediate presence.
941.23
941.23
Carrying concealed weapon. 941.23(1)(c)
(c) “Former officer" means a person who served as a law enforcement officer with a law enforcement agency before separating from law enforcement service.
941.23(1)(g)
(g) “Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:
941.23(1)(g)1.
1. The person is employed by a state or local government agency in another state.
941.23(1)(g)2.
2. The agency has authorized the person to carry a firearm.
941.23(1)(g)3.
3. The person is not the subject of any disciplinary action by the agency that could result in the suspension or loss of the person's law enforcement authority.
941.23(1)(g)4.
4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.
941.23(1)(g)5.
5. The person is not prohibited under federal law from possessing a firearm.
941.23(2)
(2) Any person, other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor:
941.23(2)(a)
(a) A peace officer, but notwithstanding s.
939.22, for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
941.23(2)(b)
(b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:
941.23(2)(b)1.
1. The weapon is a firearm but is not a machine gun or a destructive device.
941.23(2)(b)3.
3. The officer is not under the influence of an intoxicant.
941.23(2)(c)
(c) A former officer. This paragraph applies only if all of the following apply:
941.23(2)(c)1.
1. The former officer has been issued a photographic identification document described in sub.
(3) (b) 1. or both of the following:
941.23(2)(c)1.b.
b. An identification card described in sub.
(3) (b) 2. a., if the former officer resides in this state, or a certification described in sub.
(3) (b) 2. b., if the former officer resides in another state.
941.23(2)(c)2.
2. The weapon is a firearm that is of the type described in a photographic identification document described in subd.
1. (intro.) or a card or certification described in subd.
1. b. 941.23(2)(c)3.
3. Within the preceding 12 months, the former officer met the standards of the state in which he or she resides for training and qualification for active law enforcement officers to carry firearms.
941.23(2)(c)4.
4. The weapon is not a machine gun or a destructive device.
941.23(2)(c)5.
5. The former officer is not carrying a firearm silencer.
941.23(2)(c)6.
6. The former officer is not under the influence of an intoxicant.
