Wisconsin Statutory Elements and Consequences
The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.
§ 175.35(2e) Purchase of handguns: providing untruthful information on the notification form
§ 175.35(2j) Purchase of handguns: firearms dealer’s failure to maintain records
§ 343.05(3)(a) Operating a motor vehicle without a valid operator’s license
§ 343.44(1)(a) Operating while suspended: civil forfeiture
§ 343.44(1)(b) and (2)(ar)1. Operating while revoked: civil forfeiture
§ 343.44(1)(b) and (2)(ar)2m. Operating while revoked: criminal offense: permanent revocation
§ 346.04(2t) Resisting a traffic officer by failing to stop
§ 346.04(3) Operating a motor vehicle to flee or in an attempt to elude an officer
§ 346.57(3) and § 346.60 (3m)(a)2 Speeding: driving too fast for conditions - criminal offense
§ 346.57(4)(gm) and § 346.60 (3m)(a)2 Speeding: exceeding 65 miles per hour – criminal offense
§ 346.57(4)(e) and § 346.60 (3m)(a)2 Speeding: exceeding fixed limits - criminal offense
§ 346.57(5) Speeding: exceeding posted limits under § 346.57(5) or an ordinance adopting § 346.57(5)
§ 346.57(5) and § 346.60 (3m)(a)2 Speeding: exceeding posted limits - criminal offense
§ 346.62(2) Reckless driving: endangering safety (criminal offense)
§ 346.62(3) Reckless driving: causing bodily harm
§ 346.62(4) Reckless driving: causing great bodily harm
§ 346.63(2)(a)1 Operating a vehicle while under the influence of an intoxicant and causing injury
§ 346.67 Failure to give information or render aid following an accident
§ 450.11(7)(a) Obtaining a prescription drug by fraud
§ 450.11(7)(g) Possession of a prescription drug with intent to deliver
§ 450.11(7)(h) Possession of a prescription drug without a valid prescription
§ 565.50(2) Altering, forging, counterfeiting, or illegally obtaining a lottery ticket
§ 565.50(2) Uttering an altered, forged, counterfeit, or illegally obtained lottery ticket
§ 940.01(1) First-degree intentional homicide
§ 940.01(1)(a) Attempted first-degree intentional homicide
§ 940.02(1) First-degree reckless homicide
§ 940.02(2) First-degree reckless homicide (“Len Bias law”)
§ 940.03 Felony murder - underlying crime completed
§ 940.05(1) Second-degree intentional homicide
§ 940.06(1) Second-degree reckless homicide
§ 940.08(1) Homicide by negligent handling of a dangerous weapon, explosives, or fire
§ 940.09(1)(a) Homicide by operation of a vehicle while under the influence
§ 940.09(1)(b) Homicide by operation of a vehicle with a prohibited alcohol concentration
§ 940.09(1g)(a) Homicide by operation or handling of a firearm or airgun while under the influence
§ 940.10(1) Homicide by negligent operation of a vehicle
§ 940.11(1) Mutilating a corpse
§ 940.11(2) Hiding or burying a corpse
§ 940.19(2) Substantial Battery: intent to cause bodily harm
§ 940.19(4) Aggravated battery: intent to cause bodily harm
§ 940.19(5) Aggravated battery: intent to cause great bodily harm
§ 940.19(6) Battery with substantial risk of great bodily harm
§ 940.20(1) Battery by prisoner
§ 940.20(1g) Battery by certain committed persons
§ 940.20(1m) Battery by a person subject to an injunction
§ 940.20(2) Battery to firefighter or commission warden
§ 940.20(3) Battery to a juror
§ 940.20(4) Battery to a public officer
§ 940.20(5) Battery to a technical college district or school district officer or employee
§ 940.20(6) Battery to a public transit vehicle operator, driver or passenger
§ 940.201 Battery or threat to a witness
§ 940.203(2) Battery or threat to a judge
§ 940.203(2) Battery or threat to a prosecutor or law enforcement officer
§ 940.203(3) Battery or threat to a guardian ad litem, corporation counsel, advocate, or attorney
§ 940.204(2) Battery or threat to a staff member of a health care facility
§ 940.204(3) Battery or threat to a health Care provider
§ 940.205 Battery or threat to a Department of Revenue employee
§ 940.208 Battery to a county, city, village, or town employee
§ 940.22 Sexual exploitation by therapist
§ 940.225(3)(a) Third degree sexual assault: sexual intercourse without consent
§ 940.225(3m) Fourth degree sexual assault: sexual contact without consent
§ 940.23(1)(a) First degree reckless injury
§ 940.23(2) Second degree reckless injury
§ 940.235 Strangulation and suffocation
§ 940.24 Injury by negligent handling of a dangerous weapon, explosives or fire.
§ 940.25(1)(a) Injury (great bodily harm) by operation of a vehicle while under the influence
§ 940.285 Abuse of individuals at risk
§ 940.29 Abuse of residents of penal facilities
§ 940.291 Law enforcement officer - failure to render aid
§ 940.295 Abuse of patients and residents
§ 940.295 Neglect of patients and residents
§ 940.302(2)(a) Human trafficking
§ 940.302(2)(c) Human trafficking
§ 940.315(1)(a) Placing a global positioning device
§ 940.315(1)(b) Obtaining information generated by a global positioning device
§§ 940.42 and 940.43 Intimidation of a witness
§ 941.01(1) Negligent operation of vehicle
§ 941.10 Negligent handling of burning material
§ 941.12(1) Interfering with firefighting: a fire alarm system
§ 941.12(1) Interference with firefighting
§ 941.12(2) Interfering with firefighting: firefighting equipment
§ 941.20(1)(a) Endangering safety by use of a dangerous weapon: negligent operation or handling
§ 941.21 Disarming a peace officer
§ 941.23 Carrying a concealed weapon
§ 941.231 Carrying a concealed knife
§ 941.235 Carrying a firearm in a public building
§ 941.237 Carrying a handgun where alcohol beverages may be sold and consumed
§ 941.26(1)(a) Possession of a machine gun or other full automatic weapon
§ 941.26(4)(b) Using oleoresin of capsicum (pepper spray) to cause bodily harm or discomfort
§ 941.26(4)(d) Using oleoresin of capsicum (pepper spray) to cause bodily harm to a peace officer
§ 941.26(L) Possession of oleoresin of capsicum (pepper spray) by a convicted felon
§ 941.28 Possession of a short-barreled shotgun or rifle
§ 941.29(1m) Possession of a firearm by felon
§ 941.29(1m)(bm)-(em) Possession of a Firearm (Other Circumstances)
§ 941.2905 Straw purchasing of firearms
§ 941.291 Possession of body armor
§ 941.295 Possession of an electric weapon
§ 941.30(1) First degree recklessly endangering safety
§ 941.30(2) Second degree recklessly endangering safety
§ 941.31(1) Possession of explosives: unlawful purpose
§ 941.31(2)(b) Possession of an improvised explosive device
§ 941.32 Administering dangerous or stupefying drug
§ 941.325 Placing foreign objects in edibles
§ 941.37(2) Obstructing emergency or rescue personnel
§ 941.37(3) Obstructing emergency or rescue personnel
§ 941.375 Throwing or discharging bodily fluids at public safety workers or prosecutors
§ 942.08(2)(a) Invasion of privacy: use of a surveillance device
§ 942.08(2)(d) Invasion of privacy: looking into a dwelling unit
§ 942.08(3) Invasion of privacy: use of a device to view under the outer clothing of an individual
§ 942.09(2)(am)1 Representations depicting nudity
§ 942.09(3m)(a)1 Publishing a private representation depicting nudity without consent
§ 942.09(4)(a)1 Soliciting an intimate or private representation from a child
§ 943.01(1) Criminal damage to property
§ 943.011(2)(a) Damage or threat to property of witness
§ 943.011(2)(a) Criminal damage to property: energy provider property
§ 943.012(1) Criminal damage to religious or cemetery property
§ 943.012(3) Criminal damage to facilities associated with designated groups
§ 943.012(4) Criminal damage to personal property contained in religious, cemetery or other property
§ 943.013 Criminal damage or threat to property of a judge
§ 943.015 Criminal damage or threat to property of a department of revenue employee
§ 943.02(1)(a) Arson of a building of another
§ 943.02(1)(b) Arson of a building with intent to defraud an insurer
§ 943.03 Arson of property other than a building
§ 943.04 Arson of property other than a building with intent to defraud
§ 943.06 Molotov cocktail: possession, manufacture, sale, offer to sell, gift, or transfer
§ 943.10(1m) Burglary with intent to steal or commit a felony
§ 943.11 Entry into a locker vehicle
§ 943.12 Possession of burglary tools
§ 943.125 Entry into locked coin box
§ 943.14 Criminal trespass to dwellings
§ 943.145 Criminal trespass to a medical facility
§ 943.15 Entry onto a construction site or into a locked building, dwelling or room
§ 943.20(1)(b) Theft by contractor
§ 943.20(1)(b) Theft by employee, trustee, or bailee (embezzlement)
§ 943.20(1)(d) Theft by fraud: representations made to the owner, directly or by a third person
§ 943.20(1)(e) Theft by failure to return leased or rented property
§ 943.201(2) Unauthorized use of an individual’s personal identifying information or documents
§ 943.203(2) Unauthorized use of an entity’s identifying information or documents
§ 943.209 Failure to disclose manufacturer of recording
§ 943.21(1m)(a) Fraud on hotel or restaurant keeper
§ 943.215(1) Absconding without paying rent
§ 943.231(1) Carjacking [taking a vehicle by use or threat of force]
§ 943.231(2) Carjacking [taking a vehicle by use or threat of force]
§ 943.23(2) Taking and driving a vehicle without the owner’s consent
§ 943.23(2g) Taking and driving a commercial motor vehicle without the owner’s consent
§ 943.23(3) Driving or operating a vehicle without the owner’s consent
§ 943.23(3g) Driving or operating a commercial motor vehicle without the owner’s consent
§ 943.23(5) Removing a major part of a vehicle without the owner’s consent
§ 943.24(1) Issue of a worthless check: misdemeanor
§ 943.24(2) Issue of a worthless check: felony
§ 943.28(2) Loan sharking: extortionate extension of credit
§ 943.28(3) Loan sharking: advancements for extortionate extensions of credit
§ 943.28(4) Loan sharking: use of extortionate means
§ 943.30(1) Extortion: threats to injure or accuse of crime
§ 943.31 Threats to communicate derogatory information
§ 943.32(1)(a) and (b) Robbery by the use or threat of force
§ 943.32(2) Armed robbery: by use or threat of use of a dangerous weapon
§ 943.34 Receiving stolen property
§ 943.37(3) Possession of property with altered identification marks
§ 943.38(2) Uttering a forged writing or possessing of a forged writing with intent to utter
§ 943.39(1) Fraudulent writings: falsifying a corporate record
§ 943.39(2) Fraudulent writings: obtaining a signature by means of deceit
§ 943.395(1)(a) Fraudulent insurance claim: presenting a false or fraudulent claim
§ 943.41(3)(a) Theft of a financial transaction card
§ 943.41(5)(a)1. Fraudulent use of a financial transaction card
§ 943.41(6m) Financial transaction card factoring
§ 943.45(1)(a) and (3)(c) Theft of telecommunications service
§ 943.50(1m)(a)-(e) Retail Theft
§ 943.50(1m)(f) Retail theft: removing a theft detection device
§ 943.50(1m)(g) Retail theft: using a theft detection shielding device
§ 943.50(1r) Theft of services
§ 943.60 Criminal Slander of Title
§ 943.70(2)(a)1-5 Computer crime: accessing data without authorization
§ 943.70(2)(a)6. Computer crime: disclosing restricted access codes or information
§ 943.70(3)(a)2 Computer crime: using or damaging a system or network without authorization
§ 943.82(1) Fraud against a financial institution
§ 943.84(2) Transfer of encumbered personal property with intent to defraud
§ 943.87 Robbery of a financial institution
§ 943.895(2)(a)1-2. Money laundering
§ 944.15 Public fornication: sexual intercourse in public
§ 944.17(2) Sexual gratification in public
§ 944.20(1)(a) Lewd and Lascivious Behavior: Indecent Act of Sexual Gratification with Another
§ 944.20(1)(b) Lewd and lascivious behavior: exposure
§ 944.30(1m)(a) Prostitution: nonmarital sexual intercourse
§ 944.30(1m)(b) Prostitution: act of sexual gratification
§ 944.31 Patronizing prostitutes
§ 944.32 Soliciting to practice prostitution
§ 944.34(1) Keeping a place of prostitution
§ 944.34(2) Granting the use of a place as a place of prostitution
§ 945.03(1m)(a) Commercial gambling: operating a gambling place for gain
§ 945.03(1m)(b) Commercial gambling: receiving a bet for gain
§ 945.03(1m)(e) Commercial gambling: setting up or collecting the proceeds of a gambling machine
§ 945.03(1m)(g) Commercial gambling: using wire communication to place a bet
§ 945.04(1) Permitting real estate to be used as a gambling place
§ 946.10(1) Bribery: transferring property to a public employee to induce action or failure to act
§ 946.12(1) Misconduct in public office: failure or refusal to perform duty
§ 946.12(2) Misconduct in public office: performance or unauthorized or forbidden act
§ 946.12(3) Misconduct in public office: exercise of discretionary power for a dishonest advantage
§ 946.12(4) Misconduct in public office: false entry, return, certificate, report, or statement
§ 946.12(5) Misconduct in public office: unlawful solicitation or acceptance of anything of value
§ 946.32(1)(a) False swearing: false statement under oath: felony
§ 946.32(1)(b) False swearing: inconsistent statements
§ 946.32(2) False swearing: misdemeanor false statement under oath
§ 946.41 Resisting or obstructing an officer
§ 946.41(2)(a) Obstructing an officer: giving false information
§ 946.415(2) Failure to comply with an officer’s attempt to take a person into custody
§ 946.42(2) Escape from the custody of a peace officer after legal arrest for a forfeiture offense
§ 946.42(3)(a) Escape from custody resulting from legal arrest for a crime
§ 946.42(3m) Escape from custody: Chapter 980 custody order
§ 946.42(4) Escape: Individual with custody injured
§ 946.425(1) Failure to report to jail: periods of imprisonment
§ 946.425(1m) Failure to report to jail: stayed sentence
§ 946.425(1r)(a) and (b) Failure to report to jail: confinement order
§ 946.43(1m)(b) Assault by a prisoner: restraining or confining
§ 946.43(2m) Assault by a prisoner: throwing or expelling a bodily substance
§ 946.44(1)(a) Permitting escape
§ 946.44(1)(b) Assisting escape
§ 946.44(1m) Introducing a firearm into an institution
§ 946.46 Encouraging a violation of probation, extended supervision or parole
§ 946.47(1)(b) Aiding a felon by destroying, etc., physical evidence
§ 946.64 Communicating with a juror
§ 946.645 Picketing, parading, or demonstrating at the residence of a judge
§ 946.68(1r)(a) Simulating a legal process
§ 946.70(1) Impersonating a peace officer, fire fighter, or other emergency personnel
§ 946.92(2)(a) Food stamp fraud: misstating facts on an application
§ 947.011(2)(a)1. Disrupting a funeral or memorial service
§ 947.011(2)(b) Disrupting a funeral or memorial service: impeding vehicles
§ 947.012(1)(a) Unlawful use of telephone
§ 947.012(1)(b) Unlawful use of telephone
§ 947.012(1)(c) Unlawful use of telephone
§ 947.012(2)(b) Unlawful use of telephone
§ 947.012(2)(c) Unlawful use of telephone
§ 947.0125(2)(a) Unlawful use of a computerized communication system: threat to inflict injury
§ 947.0125(2)(c) Unlawful use of a computerized communication system: use of obscene language
§ 948.025 Repeated Acts of Sexual Assault of a Child
§ 948.03(2)(a) Physical Abuse of a Child: Intentionally Causing Great Bodily Harm
§ 948.03(2)(b) Physical Abuse of a Child: Intentionally Causing Bodily Harm
§ 948.03(3)(a) Physical abuse of a child: recklessly causing great bodily harm
§ 948.03(3)(b) Physical abuse of a child: recklessly causing bodily harm
§ 948.03(4) Physical abuse of a child: failing to act to prevent great bodily harm
§ 948.03(4) Physical abuse of a child:
§ 948.03(5) Repeated acts of physical abuse of a child
§ 948.04(1) Causing mental harm to a child
§ 948.05(1)(a) Sexual exploitation of a child
§ 948.05(1)(b) Sexual exploitation of a child
§ 948.05(1m) Sexual exploitation of a child
§ 948.05(2) Sexual exploitation of a child: by a person responsible for the child’s welfare
§ 948.051 Trafficking of a child
§ 948.055 Causing a child to view or listen to sexual activity
§ 948.06(1) Incest with a child: sexual intercourse or contact
§ 948.06(1m) Incest with a child: sexual intercourse or contact by stepparent
§ 948.07 Child enticement: completed act
§ 948.075 Use of a computer to facilitate a child sex crime
§ 948.08 Soliciting a child for prostitution
§ 948.085(1) Sexual assault of a foster child
§ 948.085(2) Sexual assault of a child placed in a substitute care facility
§ 948.09 Sexual intercourse with a child
§ 948.093 Underage sexual activity
§ 948.095 Sexual assault of a student by a school staff person
§ 948.095(3) Sexual assault of a child by a person who works or volunteers with children
§ 948.098 Sexual misconduct against a pupil by a school staff member or volunteer
§ 948.10 Exposing genitals or pubic area to a child
§ 948.10 Causing a child to expose genitals or pubic area
§ 948.11(2)(a) Exposing a child to harmful material
§ 948.12(1m) Child pornography: possession of or accessing a recording
§ 948.12(2m) Child pornography: exhibiting or playing a recording
§ 948.125 Child pornography: possession of virtual child pornography
§ 948.13(2)(a) Child sex offender working with children
§ 948.14(2)(a) Registered sex offender and photographing minors
§ 948.20 Abandonment of a child
§ 948.215 Chronic neglect of a child; repeated acts of neglect
§ 948.22(3) Failure to support
§ 948.23(1)(a) Concealing death of child
§ 948.30(1)(a) Abduction of another’s child: taking from home or custody
§ 948.30(1)(b) Abduction of another’s child: detaining away from home
§ 948.30(2)(a) Abduction of another’s child: taking by force or threat of force
§ 948.30(2)(b) Abduction of another’s child: detaining by force or threat of force
§ 948.31(1)(b) Interference with custody of a child
§ 948.31(2) Interference with custody of a child
§ 948.31(3)(a) Interference with the custody of a child by a parent: concealing a child
§ 948.40(1) Contributing to the delinquency of a child
§ 948.45 Contributing to truancy
§ 948.53 Child unattended in a child care vehicle
§ 948.55 Recklessly storing a firearm
§ 948.60(2)(a) Possession of a dangerous weapon by a child
§ 948.60(2)(b) Sale, loan, or gift of a dangerous weapon to a child
§ 948.605(2) Possession of a firearm in a school zone
§ 948.605(3) Discharge of a firearm in a school zone
§ 948.61 Dangerous weapons other than firearms on school premises
§ 951.02 Mistreating an animal
§ 951.03 Dognapping and catnapping
§ 951.095 and § 951.18(2m) Harassment of police or fire animals
§ 951.13 Failing to provide an animal with sufficient food and water
§ 951.14 Failing to provide an animal with proper shelter
§ 951.08(1) Instigating fights between animals
§ 951.08(2) Keeping an animal with intent that it engage in fighting
§ 961.41(1) Delivery of a controlled substance/analog
§ 961.41(1) Manufacture of a controlled substance/analog
§ 961.41(1m) Possession of a controlled substance/analog with intent to deliver
§ 961.41(1m) Possession of a controlled substance/analog with intent to manufacture
§ 961.41(3g) Possession of a controlled substance /analog
§ 961.41(4)(am) Delivery of an imitation controlled substance: felony
§ 961.41(4)(bm) Delivery of an imitation controlled substance: misdemeanor
§ 961.43(1)(a) Acquiring possession of a controlled substance by misrepresentation
§ 961.455 Using a child to deliver a controlled substance
§ 961.573(1) Possession of drug paraphernalia
§ 961.573(3)(a) Possession of drug paraphernalia: methamphetamine
§ 961.65 Possessing materials for manufacturing methamphetamine