Chapter 946

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.

946.70 History History: 1977 c. 173; 1985 a. 97, 332; 2001 a. 109; 2011 a. 276; 2017 a. 12.

946.70 Cross-reference Cross-reference: See s. 125.105 for the offense of impersonating an employee of the Department of Revenue or the Department of Justice.

946.71 946.71 Unlawful use of license for carrying concealed weapons.

946.71(1) (1) In this section, “license” means a license issued under s. 175.60 (2) or (9r).

946.71(2) (2) Whoever does any of the following is guilty of a Class A misdemeanor:

946.71(2)(a) (a) Intentionally represents as valid any revoked, suspended, fictitious, or fraudulently altered license.

946.71(2)(b) (b) If the actor holds a license, intentionally sells or lends the license to any other individual or knowingly permits another individual to use the license.

946.71(2)(c) (c) Intentionally represents as one’s own any license not issued to him or her.

946.71(2)(d) (d) If the actor holds a license, intentionally permits any unlawful use of that license.

946.71(2)(e) (e) Intentionally reproduces by any means a copy of a license for a purpose that is prohibited under this subsection.

946.71(2)(f) (f) Intentionally defaces or intentionally alters a license.

946.71 History History: 2011 a. 35.

946.72 946.72 Tampering with public records and notices.

946.72(1) (1) Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class H felony.

946.72(2) (2) Whoever intentionally damages, alters, removes or conceals any public notice, posted as authorized by law, before the expiration of the time for which the notice was posted, is guilty of a Class B misdemeanor.

946.72 History History: 1977 c. 173; 1981 c. 335; 2001 a. 109.

946.73 946.73 Penalty for violating laws governing state or county institutions. Whoever violates any state law or any lawful rule made pursuant to state law governing state fair park or any state or county charitable, curative, reformatory, or penal institution while within the same or the grounds thereof is guilty of a Class C misdemeanor.

946.73 History History: 1977 c. 173; 1993 a. 213, 215, 491.

946.74 946.74 Aiding escape from mental institutions.

946.74(1) (1) Whoever intentionally does or attempts to do any of the following is guilty of a Class A misdemeanor:

946.74(1)(a) (a) Aids any person committed to an institution for the care of the mentally ill, infirm or deficient to escape therefrom.

946.74(1)(b) (b) Introduces into any institution for the care of the mentally ill, infirm or deficient, or transfers to any person committed to such institution, anything adapted or useful in making an escape therefrom, with intent to aid any person to escape.

946.74(1)(c) (c) Removes from any institution for the care of the mentally ill, infirm or deficient any person committed thereto.

946.74(2) (2) Whoever violates sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class H felony.

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

946.75 946.75 Denial of right of counsel. Whoever, while holding another person in custody and if that person requests a named attorney, denies that other person the right to consult and be advised by an attorney at law at personal expense, whether or not such person is charged with a crime, is guilty of a Class A misdemeanor.

946.75 History History: 1977 c. 173.

946.76 946.76 Search warrant; premature disclosure. Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class I felony.

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

946.78 946.78 False statement regarding military service.

946.78(1) (1) In this section:

946.78(1)(a) (a) “Military” means the U.S. armed forces, the state defense force, the national guard of any state, or any other reserve component of the U.S. armed forces.

946.78(1)(b) (b) “Tangible benefit” includes financial remuneration, an effect on the outcome of a criminal or civil court proceeding, an effect on an election, and any benefit relating to service in the military that is provided by a federal, state, or local governmental unit or agency.

946.78(2) (2) Except as provided in sub. (3), whoever knowingly and with the intent to receive a tangible benefit falsely claims any of the following is guilty of a Class A misdemeanor:

946.78(2)(a) (a) That he or she is or was a service member in the military.

946.78(2)(b) (b) That he or she has been awarded a Congressional Medal of Honor, a Distinguished Service Cross, a Navy Cross, an Air Force Cross, a Silver Star, a Bronze Star, a Purple Heart, a Combat Infantryman’s Badge, a Combat Action Badge, a Combat Medical Badge, a Combat Action Ribbon, a Combat Action Medal, or a Special Operations Identifier or Special Qualification or Skill Identifier, as authorized by Congress or pursuant to federal law for the U.S. armed forces.

946.78(3) (3) Any person violating sub. (2) 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.