Chapter 939

939.49 939.49 Defense of property and protection against retail theft.

939.49(1) (1) A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person’s property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one’s property.

939.49(2) (2) A person is privileged to defend a 3rd person’s property from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend his or her own property from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such as would give the 3rd person the privilege to defend his or her own property, that his or her intervention is necessary for the protection of the 3rd person’s property, and that the 3rd person whose property the person is protecting is a member of his or her immediate family or household or a person whose property the person has a legal duty to protect, or is a merchant and the actor is the merchant’s employee or agent. An official or adult employee or agent of a library is privileged to defend the property of the library in the manner specified in this subsection.

939.49(3) (3) In this section “unlawful” means either tortious or expressly prohibited by criminal law or both.

939.49 History History: 1979 c. 245; 1981 c. 270; 1993 a. 486.

939.49 Annotation Sub. (1) is a defense to criminal liability. It is irrelevant to the issue of whether the emergency doctrine can apply in a civil action to excuse a party’s contributory negligence. Kelly v. Berg, 2015 WI App 69, 365 Wis. 2d 83, 870 N.W.2d 481, 14-1346.

939.49 Annotation Flight on the part of one suspected of a felony does not, of itself, warrant the use of deadly force by an arresting officer, and it is only in certain aggravated circumstances that a police officer may shoot a fleeing suspect. Clark v. Ziedonis, 368 F. Supp. 544 (1973).

subch. IV of ch. 939 SUBCHAPTER IV

PENALTIES

939.50 939.50 Classification of felonies.

939.50(1) (1) Felonies in the statutes are classified as follows:

939.50(1)(a) (a) Class A felony.

939.50(1)(b) (b) Class B felony.

939.50(1)(c) (c) Class C felony.

939.50(1)(d) (d) Class D felony.

939.50(1)(e) (e) Class E felony.

939.50(1)(f) (f) Class F felony.

939.50(1)(g) (g) Class G felony.

939.50(1)(h) (h) Class H felony.

939.50(1)(i) (i) Class I felony.

939.50(2) (2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes.

939.50(3) (3) Penalties for felonies are as follows:

939.50(3)(a) (a) For a Class A felony, life imprisonment.

939.50(3)(b) (b) For a Class B felony, imprisonment not to exceed 60 years.

939.50(3)(c) (c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both.

939.50(3)(d) (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.

939.50(3)(e) (e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both.

939.50(3)(f) (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

939.50(3)(g) (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

939.50(3)(h) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

939.50(3)(i) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

939.50 History History: 1977 c. 173; 1981 c. 280; 1987 a. 332 s. 64; 1993 a. 194; 1995 a. 69; 1997 a. 283; 1999 a. 188; 2001 a. 109.

939.51 939.51 Classification of misdemeanors.

939.51(1) (1) Misdemeanors in chs. 939 to 951 are classified as follows:

939.51(1)(a) (a) Class A misdemeanor.

939.51(1)(b) (b) Class B misdemeanor.

939.51(1)(c) (c) Class C misdemeanor.

939.51(2) (2) A misdemeanor is a Class A, B or C misdemeanor when it is so specified in chs. 939 to 951.

939.51(3) (3) Penalties for misdemeanors are as follows:

939.51(3)(a) (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

939.51(3)(b) (b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

939.51(3)(c) (c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.

939.51 History History: 1977 c. 173; 1987 a. 332 s. 64; 1997 a. 35.

939.52 939.52 Classification of forfeitures.

939.52(1) (1) Except as provided in ss. 946.86 and 946.87, forfeitures in chs. 939 to 951 are classified as follows:

939.52(1)(a) (a) Class A forfeiture.

939.52(1)(b) (b) Class B forfeiture.

939.52(1)(c) (c) Class C forfeiture.

939.52(1)(d) (d) Class D forfeiture.

939.52(1)(e) (e) Class E forfeiture.

939.52(2) (2) A forfeiture is a Class A, B, C, D or E forfeiture when it is so specified in chs. 939 to 951.

939.52(3) (3) Penalties for forfeitures are as follows:

939.52(3)(a) (a) For a Class A forfeiture, a forfeiture not to exceed $10,000.

939.52(3)(b) (b) For a Class B forfeiture, a forfeiture not to exceed $1,000.

939.52(3)(c) (c) For a Class C forfeiture, a forfeiture not to exceed $500.

939.52(3)(d) (d) For a Class D forfeiture, a forfeiture not to exceed $200.

939.52(3)(e) (e) For a Class E forfeiture, a forfeiture not to exceed $25.

939.52 History History: 1977 c. 173; 1981 c. 280; 1987 a. 171; 1987 a. 332 s. 64; 1989 a. 121.

939.60 939.60 Felony and misdemeanor defined. A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

939.60 History History: 1977 c. 418 s. 924 (18) (e).

939.60 Annotation When a statutory offense does not specify a place of confinement, a sentence of one year may be to either the county jail or the state prisons. All crimes punishable by imprisonment in the state prisons are classified as felonies. State ex rel. McDonald v. Circuit Court for Douglas County, 100 Wis. 2d 569, 302 N.W.2d 462 (1981).

939.61 939.61 Penalty when none expressed.

939.61(1) (1) If a person is convicted of an act or omission prohibited by statute and for which no penalty is expressed, the person shall be subject to a forfeiture not to exceed $200.

939.61(2) (2) If a person is convicted of a misdemeanor under state law for which no penalty is expressed, the person may be fined not more than $500 or imprisoned not more than 30 days or both.

939.61(3) (3) Common law penalties are abolished.

939.61 History History: 1977 c. 173.

939.615 939.615 Lifetime supervision of serious sex offenders.

939.615(1) (1) Definitions. In this section:

939.615(1)(a) (a) “Department” means the department of corrections.

939.615(1)(b) (b) “Serious sex offense” means any of the following:

939.615(1)(b)1. 1. A violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025 (1), 948.05 (1) or (1m), 948.051, 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.085, 948.11 (2) (a), 948.12, 948.125, or 948.13 or of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

939.615(1)(b)2. 2. A violation, or the solicitation, conspiracy or attempt to commit a violation, under ch. 940, 942, 943, 944 or 948 other than a violation specified in subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor’s sexual arousal or gratification.

939.615(2) (2) When lifetime supervision may be ordered.

939.615(2)(a) (a) Except as provided in par. (b), if a person is convicted of a serious sex offense or found not guilty of a serious sex offense by reason of mental disease or defect, the court may, in addition to sentencing the person, placing the person on probation or, if applicable, committing the person under s. 971.17, place the person on lifetime supervision by the department if notice concerning lifetime supervision was given to the person under s. 973.125 and if the court determines that lifetime supervision of the person is necessary to protect the public.

939.615(2)(b) (b) A court may not place a person on lifetime supervision under this section if the person was previously placed on lifetime supervision under this section for a prior conviction for a serious sex offense or a prior finding of not guilty of a serious sex offense by reason of mental disease or defect and that previous placement on lifetime supervision has not been terminated under sub. (6).

939.615(2)(c) (c) If the prosecutor is seeking lifetime supervision for a person who is charged with committing a serious sex offense specified in sub. (1) (b) 2., the court shall direct that the trier of fact find a special verdict as to whether the conduct constituting the offense was for the actor’s sexual arousal or gratification.

939.615(3) (3) When lifetime supervision begins. Subject to sub. (4), the period of lifetime supervision on which a person is placed under this section shall begin at whichever of the following times is applicable:

939.615(3)(a) (a) If the person is placed on probation for the serious sex offense, upon his or her discharge from probation.

939.615(3)(b) (b) If the person is sentenced to prison for the serious sex offense, upon his or her discharge from parole or extended supervision.

939.615(3)(c) (c) If the person is sentenced to prison for the serious sex offense and is being released from prison because he or she has reached the expiration date of his or her sentence, upon his or her release from prison.

939.615(3)(d) (d) If the person has been committed to the department of health services under s. 971.17 for the serious sex offense, upon the termination of his or her commitment under s. 971.17 (5) or his or her discharge from the commitment under s. 971.17 (6), whichever is applicable.

939.615(3)(e) (e) If par. (a), (b), (c) or (d) does not apply, upon the person being sentenced for the serious sex offense.

939.615(4) (4) Only one period of lifetime supervision may be imposed. If a person is being sentenced for more than one conviction for a serious sex offense, the court may place the person on one period of lifetime supervision only. A period of lifetime supervision ordered for a person sentenced for more than one conviction begins at whichever of the times specified in sub. (3) is the latest.

939.615(5) (5) Status of person placed on lifetime supervision; powers and duties of department.

939.615(5)(a) (a) A person placed on lifetime supervision under this section is subject to the control of the department under conditions set by the court and regulations established by the department that are necessary to protect the public and promote the rehabilitation of the person placed on lifetime supervision.

939.615(5)(am) (am) The department may temporarily take a person on lifetime supervision into custody if the department has reasonable grounds to believe that the person has violated a condition or regulation of lifetime supervision. Custody under this paragraph may last only as long as is reasonably necessary to investigate whether the person violated a condition or regulation of lifetime supervision and, if warranted, to refer the person to the appropriate prosecuting agency for commencement of prosecution under sub. (7).

939.615(5)(b) (b) The department shall charge a fee to a person placed on lifetime supervision to partially reimburse the department for the costs of providing supervision and services. The department shall set varying rates for persons placed on lifetime supervision based on ability to pay and with the goal of receiving at least $1 per day, if appropriate, from each person placed on lifetime supervision. The department may decide not to charge a fee while a person placed on lifetime supervision is exempt as provided under par. (c). The department shall collect moneys for the fees charged under this paragraph and credit those moneys to the appropriation account under s. 20.410 (1) (gh).

939.615(5)(c) (c) The department may decide not to charge a fee under par. (b) to any person placed on lifetime supervision while he or she meets any of the following conditions:

939.615(5)(c)1. 1. Is unemployed.