Criminal conduct or contributory negligence of victim no defense.
Provisions which apply only to chapters 939 to 951.
Words and phrases defined.
DEFENSES TO CRIMINAL LIABILITY
Self-defense and defense of others.
Defense of property and protection against retail theft.
Classification of felonies.
Classification of misdemeanors.
Classification of forfeitures.
Felony and misdemeanor defined.
Penalty when none expressed.
Lifetime supervision of serious sex offenders.
Mandatory minimum sentence for child sex offenses.
Minimum sentence for certain child sex offenses.
Mandatory minimum sentence for repeat serious sex crimes.
Mandatory minimum sentence for repeat serious violent crimes.
Mandatory minimum sentence for repeat firearm crimes.
Increased penalty for habitual criminality.
Increased penalty for certain domestic abuse offenses.
Penalties; use of a dangerous weapon.
Penalties; violent crime in a school zone.
Increased penalty for certain crimes against children committed by a child care provider.
Penalty; crimes committed against certain people or property.
RIGHTS OF THE PROSECUTION
Prosecution under more than one section permitted.
Conviction of included crime permitted.
RIGHTS OF THE ACCUSED
Presumption of innocence and burden of proof.
Limitation on the number of convictions.
No conviction of both inchoate and completed crime.
Criminal penalty permitted only on conviction.
Time limitations on prosecutions.
Death or harm to an unborn child.
Ch. 939 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".
Name and interpretation.
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
History: 1979 c. 89
; 1987 a. 332
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:
The person commits a crime, any of the constituent elements of which takes place in this state.
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.
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.
While out of this state, the person steals and subsequently brings any of the stolen property into this state.
The person violates s. 943.201
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.
The person violates s. 943.89
and the matter or thing is deposited for delivery within this state or is received or taken within this state.
The person violates s. 943.90
and the transmission is from within this state, the transmission is received within this state, or it is reasonably foreseeable that the transmission will be accessed by a person or machine within this state.
In this section “state" includes area within the boundaries of the state, and area over which the state exercises concurrent jurisdiction under article IX, section 1
, of the constitution.
Jurisdiction over a crime committed by a Menominee Indian while on the Menominee Indian Reservation is discussed. State ex rel. Pyatskowit v. Montour, 72 Wis. 2d 277
, 240 N.W.2d 186
Treaties between the federal government and Menominee tribe do not deprive the state of criminal subject matter jurisdiction over a crime committed by a Menominee outside the reservation. Sturdevant v. State, 76 Wis. 2d 247
, 251 N.W.2d 50
Trial courts do not have subject matter jurisdiction to convict defendants under unconstitutionally vague statutes. State ex rel. Skinkis v. Treffert, 90 Wis. 2d 528
, 280 N.W.2d 316
(Ct. App. 1979).
A fisherman who violated Minnesota and Wisconsin fishing laws while standing on the Minnesota bank of the Mississippi River was subject to Wisconsin prosecution. State v. Nelson, 92 Wis. 2d 855
, 285 N.W.2d 924
(Ct. App. 1979)
An unlawful arrest does not deprive a court of personal jurisdiction over a defendant. State v. Smith, 131 Wis. 2d 220
, 388 N.W.2d 601
Jurisdiction in a criminal nonsupport action under s. 948.22 does not require that the child to be supported be a resident of Wisconsin during the charged period. State v. Gantt, 201 Wis. 2d 206
, 548 N.W.2d 134
(Ct. App. 1996), 95-2469
Objections to subject matter jurisdiction that turn on a question of law may not be waived by a guilty plea, but objections to subject matter jurisdiction based on a factual dispute do not survive. State v. Bratrud, 204 Wis. 2d 445
, 555 N.W.2d 662
(Ct. App. 1995), 94-3402
A trial court did not lose subject matter jurisdiction over a count in a criminal complaint when an oral amendment of the count did not include one of the elements of the new offense. State v. Diehl, 205 Wis. 2d 1
, 555 N.W.2d 174
(Ct. App. 1996), 95-2444
A sentencing court is accorded incidental powers necessary to carry out its judicial functions and may modify an improper sentence, but it is not competent to enter a money judgment against the state for the recovery of improperly collected restitution under an improper sentence. State v. Minniecheske, 223 Wis. 2d 493
, 590 N.W.2d 17
(Ct. App. 1998), 98-1369
For purposes of jurisdictional analysis, the defendant father's concealment in Canada of a child taken from the child's mother in Wisconsin was inseparable from the consequences of the concealment in Wisconsin, thus giving a Wisconsin court jurisdiction under sub. (1) (c) to try the defendant for a violation of s. 948.31. State v. Inglin, 224 Wis. 2d 764
, 592 N.W.2d 666
(Ct. App. 1999), 97-3091
If there is no serious evidentiary dispute that the trial court has territorial jurisdiction, a special instruction on territorial jurisdiction need not be given to the jury. A person may be prosecuted for doing an act outside this state that has a criminally proscribed consequence within the state. State v. Brown, 2003 WI App 34
, 260 Wis. 2d 125
, 659 N.W.2d 110
The constituent elements of an offense under sub. (1) (a) are those elements of the criminal offense that the state is required to prove beyond a reasonable doubt in the prosecution of the offense. A constituent element of a criminal offense may be either the wrongful deed that comprises the physical component or the state of mind that the prosecution must prove that a defendant had. For 1st-degree homicide, sub. (1) (a) is satisfied upon proof that the defendant committed an act in Wisconsin manifesting the intent to kill. State v. Anderson, 2005 WI 54
, 280 Wis. 2d 104
, 695 N.W.2d 731
Age limits on criminal, juvenile delinquency, and juvenile in need of protection or services (JIPS) matters both define and restrict how a circuit court may address the specific case before the court, and not whether a circuit court can hear criminal, juvenile delinquency, or JIPS matters generally. Therefore, age limits are an issue of statutory competency, rather than subject matter jurisdiction. Unlike challenges to subject matter jurisdiction, challenges to statutory competency may be forfeited or waived. State v. Sanders, 2018 WI 51
, 381 Wis. 2d 522
, 912 N.W.2d 16
A defendant's age at the time he or she is charged, not the defendant's age at the time he or she commits the underlying conduct, determines whether the circuit court has statutory competency to hear the case as a criminal, juvenile delinquency, or juvenile in need of protection or services matter. Consequently, the circuit court in this case possessed statutory competency to hear the defendant's case as a criminal matter because the defendant was an adult at the time he was charged for conduct he committed before his tenth birthday. State v. Sanders, 2018 WI 51
, 381 Wis. 2d 522
, 912 N.W.2d 16
Parties to crime. 939.05(1)(1)
Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act.