Chapter 941

941.299 History History: 1999 a. 157; 2007 a. 27.

subch. IV of ch. 941 SUBCHAPTER IV

OTHER DANGEROUS INSTRUMENTALITIES
AND PRACTICES

941.30 941.30 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 History History: 1987 a. 399; 2001 a. 109.

941.30 Note Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.

941.30 Note Sub. (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 Annotation A 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 Annotation This 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 Annotation A 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 Annotation Felony 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.

941.31 941.31 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.

941.31(2) (2) 

941.31(2)(a) (a) In this subsection, “improvised explosive device” means a destructive explosive device capable of causing bodily harm, great bodily harm, death or property damage; with some type of explosive material and a means of detonating the explosive material, directly, remotely, or with a timer either present or readily capable of being inserted or attached; which may include a pipe or similar casing, with the ends of the pipe or casing capped, plugged or crimped, and a fuse or similar object sticking out of the pipe or casing; and made by a person not engaged in the legitimate manufacture or legitimate use of explosives, or otherwise authorized by law to do so. “Improvised explosive device” does not include ammunition for any rifle, pistol or shotgun.

941.31(2)(b) (b) Whoever makes, buys, sells, transports, possesses, uses or transfers any improvised explosive device, or possesses materials or components with intent to assemble any improvised explosive device, is guilty of a Class H felony.

941.31(2)(c) (c) This subsection does not apply to the transportation, possession, use, or transfer of any improvised explosive device by any armed forces or national guard personnel or to any peace officer in the line of duty or as part of a duty-related function or exercise. The restriction on transportation in this subsection does not apply to common carriers. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden.

941.31 History History: 1977 c. 173; 1987 a. 234; 1999 a. 32; 2001 a. 109; 2007 a. 27.

941.31 Annotation Sub. (1) is not unconstitutionally vague. An explosive is any chemical compound, mixture, or device, the primary purpose of which is to function by explosion. An explosion is a substantially instantaneous release of both gas and heat. State v. Brulport, 202 Wis. 2d 505, 551 N.W.2d 824 (Ct. App. 1996), 95-1687.

941.31 Annotation First-degree recklessly endangering safety is not a lesser included offense of s. 940.19 (5), aggravated battery. State v. Dibble, 2002 WI App 219, 257 Wis. 2d 274, 650 N.W.2d 908, 02-0538.

941.31 Annotation The court applied a dictionary definition of explosive material as “a substance that on ignition by heat, impact, friction, or detonation undergoes very rapid decomposition (as combustion) with the production of heat and the formation of more stable products (as gases) which exert tremendous pressure as they expand at the high temperature produced” in finding methyl ethyl ketone, commonly known as acetone, is an explosive material under sub. (2) (a). State v. Strong, 2011 WI App 43, 332 Wis. 2d 554, 796 N.W.2d 438, 10-1798.

941.31 Annotation A device qualifies as an improvised explosive under sub. (2) (a) even if it lacks a functioning detonator as long as a means of detonation can be readily inserted or attached. The defendant’s devices met this requirement because the detonators could have been made operable with the insertion of two readily available parts. State v. Strong, 2011 WI App 43, 332 Wis. 2d 554, 796 N.W.2d 438, 10-1798.

941.315 941.315 Possession, distribution or delivery of nitrous oxide.

941.315(1) (1) In this section:

941.315(1)(a) (a) “Deliver” or “delivery” means the actual, constructive or attempted transfer of nitrous oxide or a substance containing nitrous oxide from one person to another.

941.315(1)(b) (b) “Distribute” means to deliver, other than by administering.

941.315(2) (2) Whoever does any of the following is guilty of a Class A misdemeanor:

941.315(2)(a) (a) Possesses nitrous oxide or a substance containing nitrous oxide with the intent to inhale the nitrous oxide.

941.315(2)(b) (b) Intentionally or otherwise inhales nitrous oxide.

941.315(3) (3) Whoever does any of the following is guilty of a Class H felony:

941.315(3)(a) (a) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide to a person who has not attained the age of 21.

941.315(3)(b) (b) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide or a substance containing nitrous oxide to a person aged 21 years or older knowing or having reason to know that the person will use the nitrous oxide in violation of sub. (2).

941.315(3)(c) (c) Distributes or delivers to a person aged 21 years or older any object used, designed for use or primarily intended for use in inhaling nitrous oxide at the same time that he or she distributes or delivers nitrous oxide or a substance containing nitrous oxide to the person.

941.315(5) (5) 

941.315(5)(a) (a) Subsection (2) does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician, dentist, or dental therapist or at the direction or under the supervision of a physician, dentist, or dental therapist.

941.315(5)(b) (b) Subsection (3) does not apply to the administration of nitrous oxide by a physician, dentist, or dental therapist, or by another person at the direction or under the supervision of a physician, dentist, or dental therapist, for the purpose of providing medical or dental care.

941.315(5)(c) (c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician, dentist, or dental therapist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.

941.315 History History: 1997 a. 336; 2001 a. 109; 2023 a. 87.

941.316 941.316 Abuse of hazardous substance.

941.316(1) (1) In this section:

941.316(1)(a) (a) “Abuse” means to ingest, inhale, or otherwise introduce into the human body a hazardous substance in a manner that does not comply with any cautionary labeling that is required for the hazardous substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the hazardous substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.

941.316(1)(b) (b) “Distribute” means to transfer a hazardous substance from one person to another.

941.316(1)(c) (c) “Hazardous substance” has the meaning given in s. 100.37 (1) (c). “Hazardous substance” also includes any substance or mixture of substances that has the capacity to produce personal injury or illness to a person who abuses the substance and includes any household product, as defined in s. 941.327 (1) (e), or any mixture of household products, as defined in s. 941.327 (1) (e).

941.316(2) (2) Whoever does any of the following is guilty of a Class A misdemeanor:

941.316(2)(a) (a) Possesses a hazardous substance with the intent to abuse the hazardous substance.

941.316(2)(b) (b) Intentionally abuses a hazardous substance.

941.316(3) (3) Whoever distributes, or possesses with intent to distribute, a hazardous substance, knowing or having reason to know that the hazardous substance will be abused, is guilty of a Class I felony.

941.316(4) (4) Subsection (2) does not apply to a person who possesses or uses the hazardous substance if the substance is obtained from, or pursuant to a valid prescription or order of, a practitioner, as defined in s. 961.01 (19), while acting in the course of professional practice.

941.316(5) (5) Subsection (3) does not apply to a person who distributes a hazardous substance in an ordinary course of business.

941.316 History History: 2005 a. 44.

941.32 941.32 Administering dangerous or stupefying drug. Whoever administers to another or causes another to take any poisonous, stupefying, overpowering, narcotic or anesthetic substance with intent thereby to facilitate the commission of a crime is guilty of a Class F felony.

941.32 History History: 1977 c. 173; 2001 a. 109.

941.325 941.325 Placing foreign objects in edibles. Whoever places objects, drugs or other substances in candy or other liquid or solid edibles with the intent to cause bodily harm to another person is guilty of a Class I felony.

941.325 History History: 1971 c. 72; 1977 c. 173; 1995 a. 410; 2001 a. 109.

941.325 Annotation “Edibles” includes solids and liquids. State v. Timm, 163 Wis. 2d 894, 472 N.W.2d 593 (Ct. App. 1991).

941.327 941.327 Tampering with household products.

941.327(1) (1) In this section:

941.327(1)(a) (a) “Cosmetic” means articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; and articles intended for use as a component of any such articles. “Cosmetic” does not include soap.

941.327(1)(b) (b) “Device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component, part or accessory which is recognized in the official national formulary, or the United States Pharmacopeia, or any supplement to them; intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in persons or other animals; or intended to affect the structure or any function of the body of persons or other animals; and which does not achieve any of its principal intended purposes through chemical action within or on the body of persons or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

941.327(1)(c) (c) “Drug” has the meaning described in s. 450.01 (10), but does not include a prescription drug.

941.327(1)(d) (d) “Food” has the meaning described in s. 97.01 (6).

941.327(1)(e) (e) “Household product” means any food, drug, device or cosmetic or any article, product or commodity of any kind or class which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of that consumption or use.

941.327(1)(f) (f) “Label” means a written, printed or graphic matter upon the immediate container of any household product.

941.327(1)(g) (g) “Labeling” means all labels and other written, printed or graphic matter upon any household product or any of its containers or wrappers or accompanying any household product.

941.327(1)(h) (h) “Prescription drug” has the meaning described in s. 450.01 (20).

941.327(2) (2) 

941.327(2)(a) (a) Whoever, with intent to kill, injure or otherwise endanger the health or safety of any person or to cause significant injury or damage to the business of any person or entity, does either of the following may be punished under par. (b):

941.327(2)(a)1. 1. Tampers with any household product and thereby taints the product.

941.327(2)(a)2. 2. Tampers with any household product or its container and thereby renders the labeling of the product or its container materially false or misleading.

941.327(2)(b) (b)

941.327(2)(b)1. 1. Except as provided in subds. 2. to 4., a person violating par. (a) is guilty of a Class I felony.

941.327(2)(b)2. 2. If the act under par. (a) creates a high probability of great bodily harm to another, a person violating par. (a) is guilty of a Class H felony.

941.327(2)(b)3. 3. If the act under par. (a) causes great bodily harm to another, a person violating par. (a) is guilty of a Class F felony.

941.327(2)(b)4. 4. If the act under par. (a) causes death to another, a person is guilty of a Class C felony.

941.327(3) (3) Whoever intentionally imparts or conveys false information, knowing the information to be false, concerning an act or attempted act which, if true, would constitute a violation of sub. (2) is guilty of a Class I felony.

941.327 History History: 1987 a. 90; 2001 a. 109.

941.33 941.33 Intentional destruction of vaccine or drug.

941.33(1) (1) Whoever destroys, handles, stores, or treats a vaccine, drug, or any other biologic product used as a therapeutic treatment with intent to render the vaccine, drug, or product unsafe, tainted, spoiled, ineffective, or otherwise unusable is guilty of a Class I felony.

941.33(2) (2) Subsection (1) does not apply to the disposal of expired or recalled vaccines, drugs, or other products.

941.33 History History: 2021 a. 120.

941.34 941.34 Fluoroscopic shoe-fitting machines. Whoever uses, or possesses or controls with intent to so use, any fluoroscopic or X-ray machine for the purpose of shoe-fitting or attempting to fit shoes, or who knowingly permits such machine, whether in use or not, to remain on his or her premises, is subject to a Class B forfeiture. Each day of such use, possession or control shall constitute a separate violation of this section.

941.34 History History: 1977 c. 173.

941.35 941.35 Emergency telephone calls.

941.35(1) (1) As used in this section:

941.35(1)(a) (a) “Emergency” means a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.

941.35(1)(b) (b) “Party line” means a subscriber’s line telephone circuit, consisting of 2 or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

941.35(2) (2) Whoever intentionally refuses to yield or surrender the use of a party line to another person immediately upon being informed by such other person that he or she wants to report a fire or summon police, medical or other aid in case of emergency, is subject to a Class B forfeiture.