941.292 Possession of a weaponized drone. 941.295 Possession of electric weapon. 941.296 Use or possession of a handgun and an armor-piercing bullet during crime. 941.2965 Restrictions on use of facsimile firearms. 941.297 Sale or distribution of imitation firearms. 941.298 Firearm silencers. 941.299 Restrictions on the use of laser pointers. SUBCHAPTER IV
OTHER DANGEROUS INSTRUMENTALITIES
AND PRACTICES
941.30 Recklessly endangering safety. 941.31 Possession of explosives. 941.315 Possession, distribution or delivery of nitrous oxide. 941.316 Abuse of hazardous substance. 941.32 Administering dangerous or stupefying drug. 941.325 Placing foreign objects in edibles. 941.327 Tampering with household products. 941.33 Intentional destruction of vaccine or drug. 941.34 Fluoroscopic shoe-fitting machines. 941.35 Emergency telephone calls. 941.36 Fraudulent tapping of electric wires or gas or water meters or pipes. 941.37 Obstructing emergency or rescue personnel. 941.375 Throwing or discharging bodily fluids at public safety workers. 941.38 Criminal gang member solicitation and contact. 941.39 Victim, witness, or co-actor contact. 941.40 Injury to wires by removal of building, etc.; tampering with telecommunication or electric wires. Ch. 941 Cross-referenceCross-reference: See definitions in s. 939.22. VEHICLES
941.01941.01 Negligent operation of vehicle. 941.01(1)(1) Whoever endangers another’s safety by a high degree of negligence in the operation of a vehicle, not upon a highway as defined in s. 340.01, is guilty of a Class A misdemeanor. 941.01(2)(2) Upon conviction under sub. (1), no revocation or suspension of an operator’s license may follow. 941.01 HistoryHistory: 1977 c. 173; 1987 a. 399. FIRE
941.10941.10 Negligent handling of burning material. 941.10(1)(1) Whoever handles burning material in a highly negligent manner is guilty of a Class A misdemeanor. 941.10(2)(2) Burning material is handled in a highly negligent manner if handled with criminal negligence under s. 939.25 or under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another’s property is created. 941.10 HistoryHistory: 1977 c. 173; 1987 a. 399. 941.11941.11 Unsafe burning of buildings. Whoever does either of the following is guilty of a Class H felony: 941.11(1)(1) Intentionally burns his or her own building under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to another’s property; or 941.11(2)(2) Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a 3rd person’s property. 941.12941.12 Interfering with fire fighting. 941.12(1)(1) Whoever intentionally interferes with the proper functioning of a fire alarm system or the lawful efforts of fire fighters to extinguish a fire is guilty of a Class I felony. 941.12(2)(2) Whoever interferes with, tampers with or removes, without authorization, any fire extinguisher, fire hose or any other fire fighting equipment, is guilty of a Class A misdemeanor. 941.12(3)(3) Whoever interferes with accessibility to a fire hydrant by piling or dumping material near it without first obtaining permission from the appropriate municipal authority is guilty of a Class C misdemeanor. Every day during which the interference continues constitutes a separate offense. 941.12 HistoryHistory: 1977 c. 173; 2001 a. 109. 941.13941.13 False alarms. Whoever intentionally gives a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise, is guilty of a Class A misdemeanor. 941.13 HistoryHistory: 1977 c. 173. WEAPONS
941.20941.20 Endangering safety by use of dangerous weapon. 941.20(1)(1) Whoever does any of the following is guilty of a Class A misdemeanor: 941.20(1)(a)(a) Endangers another’s safety by the negligent operation or handling of a dangerous weapon. 941.20(1)(b)(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant. 941.20(1)(bm)(bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol. 941.20(1)(c)(c) Except as provided in sub. (1m), intentionally points a firearm at or toward another. 941.20(1)(d)(d) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. “Building” as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit. 941.20(1m)(b)(b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden is guilty of a Class H felony. 941.20(2)(2) Whoever does any of the following is guilty of a Class G felony: 941.20(2)(a)(a) Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or 941.20(3)(a)(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class F felony: 941.20(3)(a)1.1. The person discharges the firearm at or toward another. 941.20(3)(a)2.2. The person discharges the firearm at or toward any building or other vehicle. 941.20(3)(b)1.1. Paragraph (a) does not apply to any of the following who, in the line of duty, discharges a firearm from a vehicle: 941.20(3)(b)1.a.a. A peace officer, except for a commission warden who is not a state-certified commission warden. 941.20(3)(b)3.3. Paragraph (a) does not apply to designated personnel at a public-use airport, as defined in s. 114.002 (18m), or an airport under the exclusive control of the national guard or U.S. department of defense, for the purposes of nuisance wildlife management and control when authorized by state or federal permits. “Designated personnel” includes any person who is acting within the scope of his or her employment or employer and who is an employee or contractor of the airport or the local government that operates the airport or a federal employee or agent. 941.20(3)(c)(c) The state does not have to negate any exception under par. (b). Any party that claims that an exception under par. (b) is applicable has the burden of proving the exception by a preponderance of the evidence. 941.20(3)(d)(d) The driver of the vehicle may be charged and convicted for a violation of par. (a) according to the criteria under s. 939.05. 941.20(3)(e)(e) A person under par. (a) has a defense of privilege of self-defense or defense of others in accordance with s. 939.48. 941.20 NoteJudicial Council Note, 1988: The mental element of the offense under sub. (1) (a) is changed from reckless conduct to criminal negligence. See s. 939.25. If the defendant acts recklessly, the conduct is prohibited by s. 941.30. [Bill 191-S]
941.20 AnnotationPointing a firearm is not a lesser included offense of armed robbery, and a defendant can be convicted of both. State v. Smith, 55 Wis. 2d 304, 198 N.W.2d 630 (1972). 941.20 AnnotationA jury instruction that shooting “into” a building under sub. (2) (a) occurs when a bullet penetrates the building, however slightly, conformed with common usage of the word and was not improper. State v. Grady, 175 Wis. 2d 553, 499 N.W.2d 285 (Ct. App. 1993). 941.20 AnnotationPolice officers do not have an absolute right to point their weapons, but privilege may be asserted as an affirmative defense. State v. Trentadue, 180 Wis. 2d 670, 510 N.W.2d 727 (Ct. App. 1993). 941.20 AnnotationAlthough intentionally pointing a firearm at another constitutes a violation of this section, under s. 939.48 (1) a person is privileged to point a gun at another person in self-defense if the person reasonably believes that the threat of force is necessary to prevent or terminate what the person reasonably believes to be an unlawful interference. State v. Watkins, 2002 WI 101, 255 Wis. 2d 265, 647 N.W.2d 244, 00-0064. 941.20 AnnotationThe defendant’s as-applied challenge to sub. (1) (b) failed. Sub. (1) (b) did not strike at the core right of the 2nd amendment because the defendant did not act in self-defense. Because sub. (1) (b) did not severely burden the defendant’s 2nd amendment right and was substantially related to the important government objective of protecting public safety, it survived intermediate scrutiny as applied to the defendant. State v. Christen, 2021 WI 39, 396 Wis. 2d 705, 958 N.W.2d 746, 19-1767.
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