Chapter 941

941.375(1)(am)2. 2. The attorney general, a deputy attorney general, or an assistant attorney general.

941.375(1)(b) (b) “Public safety worker” means an emergency medical services practitioner licensed under s. 256.15, an emergency medical responder certified under s. 256.15 (8), a peace officer, a fire fighter, or a person operating or staffing an ambulance.

941.375(2) (2) Any person who throws or expels blood, semen, vomit, saliva, urine, feces, or other bodily substance at or toward a public safety worker or a prosecutor under all of the following circumstances is guilty of a Class I felony:

941.375(2)(a) (a) The person throws or expels the blood, semen, vomit, saliva, urine, feces, or other bodily substance with the intent that it come into contact with the public safety worker or prosecutor.

941.375(2)(c) (c) The public safety worker or prosecutor does not consent to the blood, semen, vomit, saliva, urine, feces, or other bodily substance being thrown or expelled at or toward him or her.

941.375 History History: 2003 a. 190; 2007 a. 130; 2011 a. 72; 2015 a. 340; 2017 a. 12.

941.38 941.38 Criminal gang member solicitation and contact.

941.38(1) (1) In this section:

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)2. 2. First-degree intentional homicide, as prohibited in s. 940.01.

941.38(1)(b)3. 3. Second-degree intentional homicide, as prohibited in s. 940.05.

941.38(1)(b)4. 4. Battery, as prohibited in s. 940.19 or 940.195.

941.38(1)(b)5. 5. Battery, special circumstances, as prohibited in s. 940.20.

941.38(1)(b)5m. 5m. Battery or threat to witness, as prohibited in s. 940.201.

941.38(1)(b)6. 6. Mayhem, as prohibited in s. 940.21.

941.38(1)(b)7. 7. Sexual assault, as prohibited in s. 940.225.

941.38(1)(b)8. 8. False imprisonment, as prohibited in s. 940.30.

941.38(1)(b)9. 9. Taking hostages, as prohibited in s. 940.305.

941.38(1)(b)10. 10. Kidnapping, as prohibited in s. 940.31.

941.38(1)(b)11. 11. Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.

941.38(1)(b)12. 12. Intimidation of victims, as prohibited in s. 940.44 or 940.45.

941.38(1)(b)13. 13. Criminal damage to property, as prohibited in s. 943.01.

941.38(1)(b)13m. 13m. Criminal damage to or threat to criminally damage the property of a witness, as prohibited in s. 943.011 or 943.017 (2m).

941.38(1)(b)14. 14. Arson of buildings or damage by explosives, as prohibited in s. 943.02.

941.38(1)(b)15. 15. Burglary, as prohibited in s. 943.10.

941.38(1)(b)16. 16. Theft, as prohibited in s. 943.20.

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)17m. 17m. Carjacking, as prohibited in s. 943.231.

941.38(1)(b)18. 18. Robbery, as prohibited in s. 943.32.

941.38(1)(b)19. 19. Sexual assault of a child, as prohibited in s. 948.02.

941.38(1)(b)20. 20. Repeated acts of sexual assault of the same child, as prohibited in s. 948.025.

941.38(1)(b)21. 21. A crime under s. 943.81, 943.82, 943.825, 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(1)(b)21m. 21m. Sexual assault of a child placed in substitute care under s. 948.085.

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 History History: 1993 a. 98, 227; 1995 a. 448; 1997 a. 143, 295; 2001 a. 109; 2005 a. 212, 277; 2007 a. 97; 2023 a. 10, 128.

941.38 Note NOTE: See 1993 Wis. Act 98, s. 9159, for a statement of legislative intent.

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) (4) 

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.