941.291(6)(6) Exemption from prohibition for certain prisoners. A person who is prohibited from possessing body armor under sub. (2) may wear body armor if he or she is in the actual custody of a law enforcement officer, as defined in s. 165.85 (2) (c), or a correctional officer, as defined in s. 102.475 (8) (a), and is wearing the body armor at the request or direction of the law enforcement officer or correctional officer. 941.292941.292 Possession of a weaponized drone. 941.292(1)(1) In this section, “drone” means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable. 941.292(2)(2) Whoever operates any weaponized drone is guilty of a Class H felony. This subsection does not apply to a member of the U.S. armed forces or national guard acting in his or her official capacity. 941.292 HistoryHistory: 2013 a. 213. 941.295941.295 Possession of electric weapon. 941.295(1c)(a)(a) “Electric weapon” means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current. 941.295(1m)(1m) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony. 941.295(2)(a)(a) Any peace officer. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden. 941.295(2)(b)(b) Any armed forces or national guard personnel while on official duty. 941.295(2)(c)(c) Any corrections personnel in a county or in the department of corrections while on official duty. 941.295(2)(d)(d) Any manufacturer or seller of electric weapons, unless the manufacturer or seller engages in the conduct described in sub. (1m) with the intent to provide an electric weapon to someone other than one of the following: 941.295(2)(d)2.2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies. 941.295(2)(e)(e) Any common carrier transporting electric weapons. 941.295(2g)(2g) The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following: 941.295(2g)(b)(b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies. 941.295(2g)(c)(c) An individual who has a license or permit issued under s. 440.26, who is on official duty, and who may carry a firearm under rules promulgated under s. 440.26 (3m). 941.295(2r)(2r) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following: 941.295(2r)(b)(b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case. 941.295(3)(3) During the first 30 days after May 7, 1982, the electric weapons may be surrendered to any peace officer. Peace officers shall forward electric weapons to the crime laboratories if the retention of those weapons is not necessary for criminal prosecution purposes. 941.296941.296 Use or possession of a handgun and an armor-piercing bullet during crime. 941.296(1)(a)(a) “Armor-piercing bullet” means a bullet meeting any of the following criteria: any projectile or projectile core that may be fired from any handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium. 941.296(2)(2) Whoever uses or possesses a handgun during the commission of a crime under chs. 939 to 948 or 961 is guilty of a Class H felony under any of the following circumstances. 941.296(2)(a)(a) The handgun is loaded with an armor-piercing bullet or a projectile or projectile core that may be fired from the handgun with a muzzle velocity of 1,500 feet per second or greater. 941.296(2)(b)(b) The person possesses an armor-piercing bullet capable of being fired from the handgun. 941.2965941.2965 Restrictions on use of facsimile firearms. 941.2965(1)(1) In this section, “facsimile firearm” means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. “Facsimile firearm” does not include any actual firearm. 941.2965(2)(2) No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture. 941.2965(3)(a)(a) Any peace officer acting in the discharge of his or her official duties. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden. 941.2965(3)(b)(b) Any person engaged in military activities, sponsored by the state or federal government, acting in the discharge of his or her official duties. 941.2965(3)(c)(c) Any person who is on his or her own real property, in his or her own home or at his or her own fixed place of business. 941.2965(3)(d)(d) Any person who is on real property and acting with the consent of the owner of that property. 941.2965 HistoryHistory: 1993 a. 191; 1993 a. 491 s. 262; Stats. 1993 s. 941.2965; 2007 a. 27. 941.297941.297 Sale or distribution of imitation firearms. 941.297(1)(1) In this section, “look-alike firearm” means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. “Look-alike firearm” does not include any imitation, nonfiring, collector replica of an antique firearm developed prior to 1898, or any traditional beebee, paint-ball or pellet-firing air gun that expels a projectile through the force of air pressure. 941.297(2)(2) Beginning November 1, 1992, no person may sell or distribute any look-alike firearm. Whoever violates this subsection is subject to a Class A forfeiture. 941.297(3)(3) This section does not apply to the sale or distribution of a look-alike firearm that complies with the marking or waiver requirements under 15 USC 5001 (b). 941.297 HistoryHistory: 1991 a. 155. 941.298(1)(1) In this section, “firearm silencer” means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication. 941.298(2)(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony. 941.298(3)(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following: 941.298(3)(a)(a) Any peace officer who is acting in compliance with the written policies of the officer’s department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden. 941.298(3)(b)(b) Any armed forces or national guard personnel, while in the line of duty. 941.298 AnnotationSilencers are not “arms” for the purposes of the 2nd amendment. The prohibition on possession of a silencer under this section does not impose a burden on conduct falling within the scope of the 2nd amendment’s guarantee and therefore is not unconstitutional. State v. Barrett, 2020 WI App 13, 391 Wis. 2d 283, 941 N.W.2d 866, 18-2324. 941.299941.299 Restrictions on the use of laser pointers. 941.299(1)(b)(b) “Laser pointer” means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye. 941.299(2)(2) No person may do any of the following: 941.299(2)(a)(a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer, law enforcement officer, or commission warden without the officer’s consent, if the person knows or has reason to know that the victim is a correctional officer, law enforcement officer, or commission warden who is acting in an official capacity. 941.299(2)(b)(b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being. 941.299(2)(c)(c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. 941.299(2)(d)(d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance. 941.299(3)(c)(c) A person may be charged with a violation of sub. (2) (a) or (b) or both for an act involving the same victim. If the person is charged with violating both sub. (2) (a) and (b) with respect to the same victim, the charges shall be joined. If the person is found guilty of both sub. (2) (a) and (b) for an act involving the same victim, the charge under sub. (2) (b) shall be dismissed and the person may be sentenced only under sub. (2) (a). 941.299 HistoryHistory: 1999 a. 157; 2007 a. 27. OTHER DANGEROUS INSTRUMENTALITIES
AND PRACTICES
941.30941.30 Recklessly endangering safety. 941.30(1)(1) First-degree recklessly endangering safety. Whoever recklessly endangers another’s safety under circumstances which show utter disregard for human life is guilty of a Class F felony. 941.30(2)(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another’s safety is guilty of a Class G felony. 941.30 HistoryHistory: 1987 a. 399; 2001 a. 109. 941.30 NoteJudicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
941.30 NoteSub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]
941.30 AnnotationA bomb scare under s. 947.015 is not a lesser included crime of recklessly endangering safety. State v. Van Ark, 62 Wis. 2d 155, 215 N.W.2d 41 (1974). 941.30 AnnotationThis section is a lesser included offense of s. 940.01, first-degree homicide. State v. Weeks, 165 Wis. 2d 200, 477 N.W.2d 642 (Ct. App. 1991). 941.30 AnnotationA conviction under sub. (1) was proper when the defendant desisted from an attack but showed no regard for the victim’s life or safety during the attack. State v. Holtz, 173 Wis. 2d 515, 496 N.W.2d 668 (Ct. App. 1992). 941.30 AnnotationFelony murder is committed when the death of another person is caused by a defendant during the commission of certain crimes, including burglary. The elements of burglary include the intent to either steal or to commit a felony. The evidence demonstrated that the defendant in this case forced his way into a building and started shooting with two guns, which was indicative of an intent to recklessly endanger the safety of those inside—a felony. Therefore, the defendant was convicted of a valid crime. State v. Mays, 2022 WI App 24, 402 Wis. 2d 162, 975 N.W.2d 649, 21-0765. 941.31941.31 Possession of explosives. 941.31(1)(1) Whoever makes, buys, transports, possesses, or transfers any explosive compound or offers to do the same, either with intent to use such explosive to commit a crime or knowing that another intends to use it to commit a crime, is guilty of a Class F felony.
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Chs. 939-951, Criminal Code
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