Chapter 946

946.49 Annotation When a bail jumping charge is premised upon the commission of a further crime, the jury must be properly instructed regarding the elements of that further crime. When a bail jumping charge is premised upon the commission of a lesser-included offense of the further crime, the jury must be properly instructed under the law of lesser-included offenses. State v. Henning, 2003 WI App 54, 261 Wis. 2d 664, 660 N.W.2d 698, 02-1287.

946.49 Annotation Reversed on other grounds. 2004 WI 89, 273 Wis. 2d 352, 681 N.W.2d 871, 02-1287.

946.49 Annotation “Release” refers to the defendant posting the bond, be it signature or cash, and need not be accompanied by the defendant’s physical departure from the jailhouse. In this case, the defendant made bond on a signature bond by signing it, therefore committing himself to its conditions, although the defendant did not post two required cash bonds. While not physically released, the defendant was subject to this section for violating the conditions of the signature bond. State v. Dewitt, 2008 WI App 134, 313 Wis. 2d 794, 758 N.W.2d 201, 07-2869.

946.49 Annotation The defendant’s argument that conviction on two bail-jumping counts was multiplicitous because the preliminary hearings at which the defendant failed to appear were scheduled for the same time and the defendant had signed only one bond for the two underlying cases failed because the counts were different in fact. Proof of notification and failure to appear in one case would not prove notification and failure to appear in the other, making the two charges different in nature and therefore different in fact. State v. Eaglefeathers, 2009 WI App 2, 316 Wis. 2d 152, 762 N.W.2d 690, 07-0845.

946.49 Annotation There is a two-step test to determine when, after being released from custody under ch. 969, a defendant no longer meets the definition of “having been released”: 1) the defendant must be placed in physical custody on the bond at issue; and 2) there must be some court action regarding the bond under which the defendant was previously released. Court action sufficient to meet the second requirement includes the issuance of a bench warrant, the revocation of bond, or the modification of bond such that a defendant cannot obtain release. State v. Jacobs, 2023 WI App 53, 409 Wis. 2d 467, 997 N.W.2d 130, 22-0658.

946.49 Annotation The Use of Wisconsin’s Bail Jumping Statute: A Legal and Quantitative Analysis. Johnson. 2018 WLR 619.

946.495 946.495 Violation of nonsecure custody order. If a person has been placed in nonsecure custody by an intake worker under s. 938.207 or by a judge or circuit court commissioner under s. 938.21 (4) and the person is alleged to be delinquent under s. 938.12, alleged to be in need of protection or services under s. 938.13 (12) or has been taken into custody for committing an act that is a violation of a state or federal criminal law, the person is guilty of a Class A misdemeanor if he or she intentionally fails to comply with the conditions of his or her placement in nonsecure custody.

946.495 History History: 1997 a. 328; 2001 a. 61.

946.50 946.50 Absconding. Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years is guilty of the following:

946.50(1) (1) A Class A felony, if the person was adjudicated delinquent for committing an act that would be a Class A felony if committed by an adult.

946.50(2) (2) A Class B felony, if the person was adjudicated delinquent for committing an act that would be a Class B felony if committed by an adult.

946.50(3) (3) A Class C felony, if the person was adjudicated delinquent for committing an act that would be a Class C felony if committed by an adult.

946.50(4) (4) A Class D felony, if the person was adjudicated delinquent for committing an act that would be a Class D felony if committed by an adult.

946.50(5) (5) A Class E felony, if the person was adjudicated delinquent for committing an act that would be a Class E felony if committed by an adult.

946.50(5d) (5d) A Class F felony, if the person was adjudicated delinquent for committing an act that would be a Class F felony if committed by an adult.

946.50(5h) (5h) A Class G felony, if the person was adjudicated delinquent for committing an act that would be a Class G felony if committed by an adult.

946.50(5p) (5p) A Class H felony, if the person was adjudicated delinquent for committing an act that would be a Class H felony if committed by an adult.

946.50(5t) (5t) A Class I felony, if the person was adjudicated delinquent for committing an act that would be a Class I felony if committed by an adult.

946.50(6) (6) A Class A misdemeanor, if the person was adjudicated delinquent for committing an act that would be a misdemeanor if committed by an adult.

946.50 History History: 1995 a. 77; 2001 a. 109.

946.52 946.52 Failure to submit biological specimen. Whoever intentionally fails to comply with a requirement to submit a biological specimen under s. 165.76, 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 973.047, or 980.063 is guilty of a Class A misdemeanor.

946.52 History History: 2013 a. 20 s. 1922; 2013 Stats. s. 946.52.

subch. V of ch. 946 SUBCHAPTER V

OTHER CRIMES AFFECTING THE
ADMINISTRATION OF GOVERNMENT

946.60 946.60 Destruction of documents subject to subpoena.

946.60(1) (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class I felony.

946.60(2) (2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class I felony.

946.60(3) (3) It is not a defense to a prosecution under this section that:

946.60(3)(a) (a) The document would have been legally privileged or inadmissible in evidence.

946.60(3)(b) (b) The subpoena was directed to a person other than the defendant.

946.60 History History: 1981 c. 306; 2001 a. 109.

946.61 946.61 Bribery of witnesses.

946.61(1) (1) Whoever does any of the following is guilty of a Class H felony:

946.61(1)(a) (a) With intent to induce another to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee or administrative agency authorized by statute to determine issues of fact, transfers to him or her or on his or her behalf, any property or any pecuniary advantage; or

946.61(1)(b) (b) Accepts any property or any pecuniary advantage, knowing that such property or pecuniary advantage was transferred to him or her or on his or her behalf with intent to induce him or her to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee, or administrative agency authorized by statute to determine issues of fact.

946.61(2) (2) This section does not apply to a person who is charged with a crime, or any person acting in his or her behalf, who transfers property to which he or she believes the other is legally entitled.

946.61 History History: 1977 c. 173; 1979 c. 175; 1993 a. 486; 2001 a. 109.

946.61 Annotation A conviction under this section cannot be sustained if the evidence shows that the defendant only transferred property to induce false testimony. State v. Duda, 60 Wis. 2d 431, 210 N.W.2d 763 (1973).

946.61 Annotation This section only prohibits paying a person to “refrain” from testifying and does not include influencing testimony. State v. Manthey, 169 Wis. 2d 673, 487 N.W.2d 44 (Ct. App. 1992).

946.64 946.64 Communicating with jurors. Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class I felony.

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

946.645 946.645 Picketing or parading at the residence of a judge.

946.645(1) (1) In this section, “judge” has the meaning given in s. 940.203 (1) (b).

946.645(2) (2) Whoever pickets, parades, or demonstrates at or near any residence occupied or used by a judge with the intent to interfere with, obstruct, or impede the administration of justice or with the intent to influence any judge in the discharge of his or her duty is guilty of a Class A misdemeanor.

946.645 History History: 2023 a. 234.

946.65 946.65 Obstructing justice.

946.65(1) (1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class I felony.

946.65(2) (2) “Officer of any court” includes the judge, reporter, bailiff and district attorney.

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

946.65 Annotation Only conduct that involves a third-party contracting with another to give false information to a court officer in an attempt to influence the performance of the officer’s official function is proscribed by this section. State v. Howell, 141 Wis. 2d 58, 414 N.W.2d 54 (Ct. App. 1987).

946.66 946.66 False complaints of police misconduct.

946.66(1) (1) In this section:

946.66(1)(a) (a) “Complaint” means a complaint that is filed as part of a procedure established under s. 66.0511 (3).

946.66(1)(b) (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

946.66(2) (2) Whoever knowingly makes a false complaint regarding the conduct of a law enforcement officer is subject to a Class A forfeiture.

946.66 History History: 1997 a. 176; 2001 a. 30.

946.67 946.67 Compounding crime.

946.67(1) (1) Whoever receives any property in return for a promise, express or implied, to refrain from prosecuting a crime or to refrain from giving information bearing on the probable success of a criminal prosecution is guilty of a Class A misdemeanor.

946.67(2) (2) Subsection (1) does not apply if the act upon which the actual or supposed crime is based has caused a loss for which a civil action will lie and the person who has sustained such loss reasonably believes that he or she is legally entitled to the property received.

946.67(3) (3) No promise mentioned in this section shall justify the promisor in refusing to testify or to produce evidence against the alleged criminal when subpoenaed to do so.

946.67 History History: 1977 c. 173; 1993 a. 486.

946.68 946.68 Simulating legal process.

946.68(1g) (1g) In this section, “legal process” includes a subpoena, summons, complaint, warrant, injunction, writ, notice, pleading, order or other document that directs a person to perform or refrain from performing a specified act and compliance with which is enforceable by a court or governmental agency.

946.68(1r) (1r) 

946.68(1r)(a) (a) Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates legal process is guilty of a Class I felony.

946.68(1r)(b) (b) If the document under par. (a) is sent or delivered with intent to induce payment of a claim, the person is guilty of a Class H felony.

946.68(1r)(c) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class H felony.

946.68(2) (2) Proof that a document specified under sub. (1r) was mailed or was delivered to any person with intent that it be forwarded to the intended recipient is sufficient proof of sending.

946.68(3) (3) This section applies even though the simulating document contains a statement to the effect that it is not legal process.

946.68(4) (4) Violation of this section may be prosecuted in either the county where the document was sent or the county in which it was delivered.

946.68 History History: 1977 c. 173; 1997 a. 27; 2001 a. 109.

946.69 946.69 Impersonating or falsely assuming to act as a public officer or employee or a utility employee.

946.69(1) (1) In this section, “utility” means any of the following:

946.69(1)(a) (a) A public utility, as defined in s. 196.01 (5).

946.69(1)(b) (b) A municipal power district, as defined in s. 198.01 (6).

946.69(1)(c) (c) A cooperative association organized under ch. 185 or 193 to furnish or provide telecommunications service, or a cooperative organized under ch. 185 to furnish or provide gas, electricity, power or water.

946.69(2) (2) Whoever does any of the following is guilty of a Class I felony:

946.69(2)(a) (a) Assumes to act in an official capacity or to perform an official function, knowing that he or she is not the public officer or public employee or the employee of a utility that he or she assumes to be.

946.69(2)(b) (b) Exercises any function of a public office, knowing that he or she has not qualified so to act or that his or her right so to act has ceased.

946.69(2)(c) (c) Impersonates or represents himself or herself to be a public officer or public employee or the employee of a utility with the intent to mislead others into believing that he or she is actually a public officer or public employee or the employee of a utility.

946.69 History History: 1977 c. 173; 1993 a. 146, 486; 1995 a. 225; 1997 a. 27; 2001 a. 109; 2005 a. 441; 2021 a. 263.

946.69 Annotation Sub. (1) [now sub. (2) (a)] is not unconstitutionally vague or overbroad. State v. Wickstrom, 118 Wis. 2d 339, 348 N.W.2d 183 (Ct. App. 1984).

946.70 946.70 Impersonating peace officers, fire fighters, or other emergency personnel.

946.70(1) (1) 

946.70(1)(a) (a) Except as provided in sub. (2), whoever impersonates a peace officer with intent to mislead others into believing that the person is actually a peace officer is guilty of a Class A misdemeanor.

946.70(1)(b) (b) Except as provided in sub. (2), whoever impersonates a fire fighter with intent to mislead others into believing that the person is actually a fire fighter is guilty of a Class A misdemeanor.

946.70(1)(c) (c) Except as provided in sub. (2), whoever impersonates an emergency medical services practitioner, as defined in s. 256.01 (5), with intent to mislead others into believing that the person is actually an emergency medical services practitioner is guilty of a Class A misdemeanor.

946.70(1)(d) (d) Except as provided in sub. (2), whoever impersonates an emergency medical responder, as defined in s. 256.01 (4p), with intent to mislead others into believing that the person is actually an emergency medical responder is guilty of a Class A misdemeanor.

946.70(2) (2) Any person violating sub. (1) with the intent to commit or aid or abet the commission of a crime other than a crime under this section is guilty of a Class H felony.