946.43   Assaults by prisoners.
946.44   Assisting or permitting escape.
946.45   Negligently allowing escape.
946.46   Encouraging violation of probation, extended supervision or parole.
946.465   Tampering with a global positioning system tracking device.
946.47   Harboring or aiding felons.
946.48   Kidnapped or missing persons; false information.
946.49   Bail jumping.
946.495   Violation of nonsecure custody order.
946.50   Absconding.
946.52   Failure to submit biological specimen.
SUBCHAPTER V
OTHER CRIMES AFFECTING THE
ADMINISTRATION OF GOVERNMENT
946.60   Destruction of documents subject to subpoena.
946.61   Bribery of witnesses.
946.64   Communicating with jurors.
946.65   Obstructing justice.
946.66   False complaints of police misconduct.
946.67   Compounding crime.
946.68   Simulating legal process.
946.69   Falsely assuming to act as a public officer or employee or a utility employee.
946.70   Impersonating peace officers, fire fighters, or other emergency personnel.
946.71   Unlawful use of license for carrying concealed weapons.
946.72   Tampering with public records and notices.
946.73   Penalty for violating laws governing state or county institutions.
946.74   Aiding escape from mental institutions.
946.75   Denial of right of counsel.
946.76   Search warrant; premature disclosure.
946.78   False statement regarding military service.
946.79   False statements to financial institutions.
SUBCHAPTER VI
RACKETEERING ACTIVITY AND CONTINUING CRIMINAL ENTERPRISE
946.80   Short title.
946.81   Intent.
946.82   Definitions.
946.83   Prohibited activities.
946.84   Penalties.
946.85   Continuing criminal enterprise.
946.86   Criminal forfeitures.
946.87   Civil remedies.
946.88   Enforcement and jurisdiction.
946.90   Wisconsin Works fraud.
946.91   Medical Assistance fraud.
946.92   Food stamp offenses.
946.93   Public assistance fraud.
Ch. 946 Cross-reference Cross-reference: See definitions in s. 939.22.
subch. I of ch. 946 SUBCHAPTER I
TREASON AND DISLOYAL ACTS
946.01 946.01 Treason.
946.01(1)(1)Any person owing allegiance to this state who does any of the following is guilty of a Class A felony:
946.01(1)(a) (a) Levies war against this state; or
946.01(1)(b) (b) Adheres to the enemies of this state, giving them aid and comfort.
946.01(2) (2)No person may be convicted of treason except on the testimony of 2 witnesses to the same overt act, or on the person's confession in open court.
946.01 History History: 1977 c. 173; 1993 a. 486.
946.02 946.02 Sabotage.
946.02(1)(1)Whoever does any of the following is guilty of a Class F felony:
946.02(1)(a) (a) Intentionally damages, interferes with, or tampers with any property with reasonable grounds to believe that his or her act will hinder, delay, or interfere with the prosecution of war or other military action or the preparation for defense, war, or other military action by the United States or its allies; or
946.02(1)(b) (b) Intentionally makes a defective article or on inspection omits to note any defect in an article with reasonable grounds to believe that such article is intended to be used in the prosecution of war or other military action or the preparation for defense, war, or other military action by the United States or its allies.
946.02(2) (2)Nothing in this section shall be construed to impair, curtail, or destroy the rights of employees and their representatives to self-organization, to form, join or assist labor organization, to strike, to bargain collectively through representatives of their own choosing, or to engage in lawful concerted activities for the purpose of collective bargaining or other mutual aid or protection under any state or federal statutes regulating labor relations.
946.02 History History: 1977 c. 173; 1993 a. 486; 2001 a. 109.
946.03 946.03 Sedition.
946.03(1)(1)Whoever does any of the following is guilty of a Class F felony:
946.03(1)(a) (a) Attempts the overthrow of the government of the United States or this state by the use or threat of physical violence; or
946.03(1)(b) (b) Is a party to a conspiracy with or a solicitation of another to overthrow the government of the United States or this state by the use or threat of physical violence; or
946.03(1)(c) (c) Advocates or teaches the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown; or
946.03(1)(d) (d) Organizes or assists in the organization of an assembly with knowledge that the purpose of the assembly is to advocate or teach the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown.
946.03(2) (2)Whoever permits any premises under his or her care, control or supervision to be used by an assembly with knowledge that the purpose of the assembly is to advocate or teach the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown or, after learning that the premises are being so used, permits such use to be continued is guilty of a Class I felony.
946.03 History History: 1977 c. 173; 2001 a. 109.
946.06 946.06 Improper use of the flag.
946.06(1)(1)Whoever intentionally does any of the following is guilty of a Class A misdemeanor:
946.06(1)(a) (a) Places on or attaches to the flag any word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(b) (b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(c) (c) Manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or
946.06(1)(d) (d) Uses the flag for commercial advertising purposes.
946.06(2) (2)This section does not apply to flags depicted on written or printed documents or periodicals or on stationery, ornaments, pictures, or jewelry, provided there are no unauthorized words or designs on such flag and provided the flag is not connected with any advertisement.
946.06(3) (3)In this section “flag" means anything that is or purports to be the Stars and Stripes, the United States shield, the United States coat of arms, the Wisconsin state flag, or a copy, picture, or representation of any of them.
946.06 History History: 1977 c. 173; 2003 a. 243.
946.06 Annotation A flag misuse statute was unconstitutional as applied to a flag hung upside down with a peace symbol affixed. The context imbued the display with protected elements of communication. Spence v. State of Washington, 418 U.S. 405 (1974).
946.06 Annotation The Washington flag desecration statute held unconstitutional in Spence, when applied to a mere display of an altered flag in the absence of a disturbance of the peace, was identical in all essential ways to this section. Koser v. County of Price, 834 F. Supp. 305 (1993).
subch. II of ch. 946 SUBCHAPTER II
BRIBERY AND OFFICIAL MISCONDUCT
946.10 946.10 Bribery of public officers and employees. Whoever does either of the following is guilty of a Class H felony:
946.10(1) (1)Whoever, with intent to influence the conduct of any public officer or public employee in relation to any matter which by law is pending or might come before the officer or employee in the officer's or employee's capacity as such officer or employee or with intent to induce the officer or employee to do or omit to do any act in violation of the officer's or employee's lawful duty transfers or promises to the officer or employee or on the officer's or employee's behalf any property or any personal advantage which the officer or employee is not authorized to receive; or
946.10(2) (2)Any public officer or public employee who directly or indirectly accepts or offers to accept any property or any personal advantage, which the officer or employee is not authorized to receive, pursuant to an understanding that the officer or employee will act in a certain manner in relation to any matter which by law is pending or might come before the officer or employee in the officer's or employee's capacity as such officer or employee or that the officer or employee will do or omit to do any act in violation of the officer's or employee's lawful duty.
946.10 History History: 1977 c. 173; 1993 a. 486; 2001 a. 109.
946.10 Annotation Circumstantial evidence supported an inference that the defendant intended to influence a public official's actions. State v. Rosenfeld, 93 Wis. 2d 325, 286 N.W.2d 596 (1980).
946.10 AnnotationA sworn juror is a public employee under sub. (2). State v. Sammons, 141 Wis. 2d 833, 417 N.W.2d 190 (Ct. App. 1987).
946.11 946.11 Special privileges from public utilities.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 1, 2020. Published and certified under s. 35.18. Changes effective after October 1, 2020, are designated by NOTES. (Published 10-1-20)