CHAPTER 939
CRIMES — GENERAL PROVISIONS
SUBCHAPTER I
PRELIMINARY PROVISIONS
939.01   Name and interpretation.
939.03   Jurisdiction of state over crime.
939.05   Parties to crime.
939.10   Common law crimes abolished; common law rules preserved.
939.12   Crime defined.
939.14   Criminal conduct or contributory negligence of victim no defense.
939.20   Provisions which apply only to chapters 939 to 951.
939.22   Words and phrases defined.
939.23   Criminal intent.
939.24   Criminal recklessness.
939.25   Criminal negligence.
SUBCHAPTER II
INCHOATE CRIMES
939.30   Solicitation.
939.31   Conspiracy.
939.32   Attempt.
SUBCHAPTER III
DEFENSES TO CRIMINAL LIABILITY
939.42   Intoxication.
939.43   Mistake.
939.44   Adequate provocation.
939.45   Privilege.
939.46   Coercion.
939.47   Necessity.
939.48   Self-defense and defense of others.
939.49   Defense of property and protection against retail theft.
SUBCHAPTER IV
PENALTIES
939.50   Classification of felonies.
939.51   Classification of misdemeanors.
939.52   Classification of forfeitures.
939.60   Felony and misdemeanor defined.
939.61   Penalty when none expressed.
939.615   Lifetime supervision of serious sex offenders.
939.616   Mandatory minimum sentence for child sex offenses.
939.617   Minimum sentence for certain child sex offenses.
939.618   Mandatory minimum sentence for repeat serious sex crimes.
939.619   Mandatory minimum sentence for repeat serious violent crimes.
939.6195   Mandatory minimum sentence for repeat firearm crimes.
939.62   Increased penalty for habitual criminality.
939.621   Increased penalty for certain domestic abuse offenses.
939.623   Increased penalty for elder person victims.
939.63   Penalties; use of a dangerous weapon.
939.632   Penalties; violent crime in a school zone.
939.635   Increased penalty for certain crimes against children committed by a child care provider.
939.645   Penalty; crimes committed against certain people or property.
SUBCHAPTER V
RIGHTS OF THE PROSECUTION
939.65   Prosecution under more than one section permitted.
939.66   Conviction of included crime permitted.
SUBCHAPTER VI
RIGHTS OF THE ACCUSED
939.70   Presumption of innocence and burden of proof.
939.71   Limitation on the number of convictions.
939.72   No conviction of both inchoate and completed crime.
939.73   Criminal penalty permitted only on conviction.
939.74   Time limitations on prosecutions.
939.75   Death or harm to an unborn child.
Ch. 939 Cross-reference Cross-reference: See definitions in s. 939.22.
Ch. 939 Note NOTE: 1987 Wis. Act 399 included changes in homicide and lesser included offenses. The sections affected had previously passed the senate as 1987 Senate Bill 191, which was prepared by the Judicial Council and contained explanatory notes. These notes have been inserted following the sections affected and are credited to SB 191 as “Bill 191-S".
subch. I of ch. 939 SUBCHAPTER I
PRELIMINARY PROVISIONS
939.01 939.01 Name and interpretation. Chapters 939 to 951 may be referred to as the criminal code but shall not be interpreted as a unit. Crimes committed prior to July 1, 1956, are not affected by chs. 939 to 951.
939.01 History History: 1979 c. 89; 1987 a. 332 s. 64.
939.03 939.03 Jurisdiction of state over crime.
939.03(1)(1)A person is subject to prosecution and punishment under the law of this state if any of the following applies:
939.03(1)(a) (a) The person commits a crime, any of the constituent elements of which takes place in this state.
939.03(1)(b) (b) While out of this state, the person aids and abets, conspires with, or advises, incites, commands, or solicits another to commit a crime in this state.
939.03(1)(c) (c) While out of this state, the person does an act with intent that it cause in this state a consequence set forth in a section defining a crime.
939.03(1)(d) (d) While out of this state, the person steals and subsequently brings any of the stolen property into this state.
939.03(1)(e) (e) The person violates s. 943.201 or 943.203 and the victim, at the time of the violation, is an individual who resides in this state, a deceased individual who resided in this state immediately before his or her death, or an entity, as defined in s. 943.203 (1) (a), that is located in this state.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 125 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 26, 2024. Published and certified under s. 35.18. Changes effective after April 26, 2024, are designated by NOTES. (Published 4-26-24)