941.38
941.38
Criminal gang member solicitation and contact. 941.38(1)(a)
(a) “Child" means a person who has not attained the age of 18 years.
941.38(1)(b)
(b) “Criminal gang activity" means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members:
941.38(1)(b)1.
1. Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s.
961.41 (1).
941.38(1)(b)17.
17. Taking, driving or operating a vehicle, or removing a part or component of a vehicle, without the owner's consent, as prohibited in s.
943.23.
941.38(1)(b)21.
21. A crime under s.
943.81,
943.82,
943.83,
943.85,
943.86,
943.87,
943.88,
943.89, or
943.90 or, if the victim is a financial institution, as defined in s.
943.80 (2), a crime under s.
943.84 (1) or
(2).
941.38(2)
(2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class I felony.
941.38(3)
(3) Whoever intentionally violates, under all of the following circumstances, a court order to refrain from contacting a criminal gang member is guilty of a Class A misdemeanor:
941.38(3)(a)
(a) The court finds that the person who is subject to the court order is a criminal gang member.
941.38(3)(b)
(b) The court informs the person of the contact restriction orally and in writing.
941.38(3)(c)
(c) The order specifies how long the contact restriction stays in effect.
941.38 Annotation
The definition in sub. (1) (b) is sufficiently specific that when incorporated into a probation condition it provides fair and adequate notice as to the expected course of conduct and provides an adequate standard of enforcement. State v. Lo,
228 Wis. 2d 531,
599 N.W.2d 659 (Ct. App. 1999),
98-2490.
941.39
941.39
Victim, witness, or co-actor contact. Whoever intentionally violates a court order issued under s.
973.049 (2) is guilty of one of the following:
941.39(1)
(1) If the court order results from a conviction for a felony, a Class H felony.
941.39(2)
(2) If the court order results from a conviction for a misdemeanor, a Class A misdemeanor.
941.39 History
History: 2005 a. 32;
2011 a. 267.
941.40
941.40
Injury to wires by removal of building, etc.; tampering with telecommunication or electric wires. 941.40(1)(1)
Except as provided under sub.
(4), any person having the right so to do who intentionally removes or changes any building or other structure or any timber, standing or fallen, to which any telegraph, telecommunications, electric light, or electric power lines or wires are in any manner attached, or causes the same to be done, and consequently destroys, disturbs, or injures the wires, poles, or other property of any telegraph, telecommunications, electric light, or electric power company, including a cooperative association organized under ch.
185, transacting business in this state, without first giving the company, at its office nearest the place of injury, at least 24 hours' notice thereof, is guilty of a Class B misdemeanor.
941.40(2)
(2) Any person who intentionally breaks down, interrupts, or removes any telegraph, telecommunications, electric light, or electric power line or wire including grounds or who destroys, disturbs, interferes with, or injures the wires, poles, or other property of any telegraph, telecommunications, electric light, or electric power company, including a cooperative association organized under ch.
185, is guilty of a Class B misdemeanor.
941.40(3)
(3) Any person who, for any purpose, intentionally makes or causes to be made a physical electrical connection with any wire, cable, conductor, ground, equipment, facility, or other property of any telegraph, telecommunications, electric light, or electric power company, including a cooperative association organized under ch.
185, is guilty of a Class A misdemeanor.
941.40(4)(a)(a) Subsections
(1) and
(2) do not apply to any person who is lawfully using a land survey marker for land surveying purposes no more than 30 inches below ground level.
941.40(4)(b)
(b) Subsections
(2) and
(3) do not apply to a person who acts with the permission of the telegraph, telecommunications, electric light, or electric power company, including a cooperative association organized under ch.
185, that owns the wire, pole, cable, conductor, ground, equipment, facility, or other property.
941.40 History
History: 1985 a. 187,
297,
332;
2011 a. 155 ss.
3 to
5,
32 to
34; Stats. 2011 s. 941.40;
2013 a. 125.
