Wisconsin State Law Library

Serving the Wisconsin Supreme Court and State of Wisconsin

Skip to content

Website Catalog

Wisconsin Statutory Elements and Consequences

Chapter 947 Crimes Against Public Peace, Order and Other Interests

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.

Table of contents

 

§ 947.01 Disorderly conduct

Summary

To be guilty of this offense, the prosecution must prove that the defendant, in a public or private place, engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tended to cause or provoke a disturbance.

Elements of the Offense

  1. Conduct: The defendant must engage in one or more of the following types of conduct:
    • Violent
    • Abusive
    • Indecent
    • Profane
    • Boisterous
    • Unreasonably loud
    • Otherwise disorderly
  2. Circumstances: The conduct must occur under circumstances in which it tends to cause or provoke a disturbance.

Jury Instruction

Wis JI-Criminal 1900

§ 947.011(2)(a)1. Disrupting a funeral or memorial service

Summary

To be guilty of this offense, the prosecution must prove that the defendant, during a funeral or memorial service, during the 60 minutes immediately preceding the scheduled starting time of a funeral or memorial service if a starting time has been scheduled, or during the 60 minutes immediately following a funeral or memorial service, engaged in conduct prohibited under s. 947.01(1) within 500 feet of any entrance to a facility being used for the service with the intent to disrupt the service.

Elements of the Offense

  1. Conduct: The defendant must engage in conduct that is prohibited under s. 947.01(1):
    • Violent
    • Abusive
    • Indecent
    • Profane
    • Boisterous
    • Unreasonably loud
    • Otherwise disorderly
  2. Cause or Provoke a Disturbance: The conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance.
  3. Timing: The conduct must occur during one of the following times:
    • During a funeral or memorial service.
    • During the 60 minutes immediately preceding the scheduled starting time of a funeral or memorial service if a starting time has been scheduled.
    • During the 60 minutes immediately following a funeral or memorial service.
  4. Location: The conduct must occur within 500 feet of any entrance to a facility being used for the service.
  5. Intent: The defendant must have the intent to disrupt the funeral or memorial service.

Jury Instruction

Wis JI-Criminal 1901

 

§ 947.011(2)(b) Disrupting a funeral or memorial service: impeding vehicles

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent to disrupt a funeral procession, impeded vehicles that he or she knew were part of the procession.

Elements of the Offense

  1. Conduct: The defendant must impede the vehicles that are part of the funeral procession.
  2. Intent: The defendant must have the intent to disrupt a funeral procession.
  3. Knowledge: The defendant must know that the vehicles being impeded are part of a funeral procession.

Jury Instruction

Wis JI-Criminal 1901A

 

§ 947.012(1)(a) Unlawful use of telephone

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who, with the intent to frighten, intimidate, threaten, abuse, or harass, made a telephone call and threatened to inflict injury or physical harm to any person or the property of any person.

Elements of the Offense

  1. Intent: The defendant must have the intent to frighten, intimidate, threaten, abuse, or harass.
  2. Action: The defendant must make a telephone call.
  3. Threat: During the telephone call, the defendant must threaten to inflict injury or physical harm to any person or the property of any person.

Jury Instruction

Wis JI-Criminal 1902

 

§ 947.012(1)(b) Unlawful use of telephone

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent to frighten, intimidate, threaten, or abuse, telephoned another person and used any obscene, lewd, or profane language, or suggested any lewd or lascivious act.

Elements of the Offense

  1. Action: The defendant must telephone another person.
  2. Language or Suggestion: During the call, the defendant must use any obscene, lewd, or profane language, or suggest any lewd or lascivious act.
  3. Intent: The defendant must have the intent to frighten, intimidate, threaten, or abuse.

Jury Instruction

Wis JI-Criminal 1903

 

§ 947.012(1)(c) Unlawful use of telephone

Summary

To be guilty of this offense, the prosecution must prove that the defendant made a telephone call without disclosing his or her identity, with the intent to abuse or threaten any person at the called number, regardless of whether a conversation ensued.

Elements of the Offense

  1. Action: The defendant must make a telephone call.
  2. Identity Disclosure: The defendant must fail to disclose his or her identity during the call, whether or not conversation ensues.
  3. Intent: The defendant must have the intent to abuse or threaten any person at the called number.

Jury Instruction

Wis JI-Criminal 1904

 

§ 947.012(2)(b) Unlawful use of telephone

Summary

To be guilty of this offense, the prosecution must prove that the defendant made or caused the telephone of another to ring repeatedly with the intent to harass any person at the called number.

Elements of the Offense

  1. Action: The defendant must make or cause the telephone of another to ring repeatedly.
  2. Intent: The defendant must have the intent to harass any person at the called number.

Jury Instruction

Wis JI-Criminal 1906

 

§ 947.012(2)(c) Unlawful use of telephone

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person who made repeated telephone calls with the intent solely to harass any person at the called number, regardless of whether a conversation ensued.

Elements of the Offense

  1. Action: The defendant must make repeated telephone calls, whether or not conversation ensues.
  2. Intent: The defendant must have the intent solely to harass any person at the called number.

Jury Instruction

Wis JI-Criminal 1907

 

§ 947.0125(2)(a) Unlawful use of a computerized communication system: threat to inflict injury

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent to frighten, intimidate, threaten, abuse, or harass another person, sent a message to the person on an electronic mail or other computerized communication system and in that message threatened to inflict injury or physical harm to any person or the property of any person.

Elements of the Offense

  1. Action: The defendant must send a message to the person on an electronic mail or other computerized communication system.
  2. Content of Message: In that message, the defendant must threaten to inflict injury or physical harm to any person or the property of any person.
  3. Intent: The defendant must have the intent to frighten, intimidate, threaten, abuse, or harass another person.

Jury Instruction

Wis JI-Criminal 1908

 

§ 947.0125(2)(c) Unlawful use of a computerized communication system: use of obscene language

Summary

To be guilty of this offense, the prosecution must prove that the defendant, with the intent to frighten, intimidate, threaten, or abuse another person, sent a message to the person on an electronic mail or other computerized communication system and in that message used any obscene, lewd, or profane language or suggested any lewd or lascivious act.

Elements of the Offense

  1. Action: The defendant must send a message to the person on an electronic mail or other computerized communication system.
  2. Content of Message: In that message, the defendant must use any obscene, lewd, or profane language or suggest any lewd or lascivious act.
  3. Intent: The defendant must have the intent to frighten, intimidate, threaten, or abuse another person.

Jury Instruction

Wis JI-Criminal 1909

 

§ 947.013(1r)(a) and (1m)(a) Unlawful use of a computerized communication system: threat to inflict injury

Summary

To be guilty of this offense, the prosecution must prove that the defendant was subject to an order or injunction under s. 813.12, 813.122, or 813.125 that prohibits or limits his or her contact with the victim. The defendant must have made a credible threat of physical contact that placed the victim in reasonable fear of death or great bodily harm. Additionally, the prosecution must establish that the defendant had the intent to harass or intimidate the victim.

Elements of the Offense

  1. Subject To An Order: The defendant must be subject to an order or injunction under s. 813.12, 813.122, or 813.125 that prohibits or limits his or her contact with the victim.
  2. Credible Threat: The defendant must make a credible threat of physical contact that places the victim in reasonable fear of death or great bodily harm.
  3. Intent: The defendant must have the intent to harass or intimidate another person.

Jury Instruction

Wis JI-Criminal 1911

 

§ 947.013(1r)(a) and (1m)(b) Unlawful use of a computerized communication system: threat to inflict injury

Summary

To be guilty of this offense, the prosecution must prove that the defendant was subject to an order or injunction under s. 813.12, 813.122, or 813.125 that prohibits or limits his or her contact with the victim. The defendant must have engaged in a course of conduct or repeatedly committed acts that harass or intimidate the person and serve no legitimate purpose. Additionally, the prosecution must establish that the defendant had the intent to harass or intimidate the victim. Finally, the defendant’s conduct must have been accompanied by a credible threat that placed the person in reasonable fear of death or great bodily harm.

Elements of the Offense

  1. Subject To An Order: The defendant must be subject to an order or injunction under s. 813.12, 813.122, or 813.125 that prohibits or limits his or her contact with the victim.
  2. Course of Conduct: The defendant must engage in a course of conduct or repeatedly commit acts which harass or intimidate the person and which serve no legitimate purpose.
  3. Intent: The defendant must have the intent to harass or intimidate another person.
  4. Credible Threat: The defendant’s conduct must be accompanied by a credible threat that placed the person in reasonable fear of death or great bodily harm.

Jury Instruction

Wis JI-Criminal 1912

 

§ 947.015  Bomb scares

Summary

To be guilty of this offense, the prosecution must prove that the defendant intentionally conveyed or caused to be conveyed any threat or false information, knowing such information to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by means of explosives.

Elements of the Offense

  1. Intentional Act: The defendant must intentionally convey or cause to be conveyed any threat or false information.
  2. Knowledge: The defendant must know that the information is false.
  3. Content of the Threat or Information: The threat or false information must concern an attempt or alleged attempt being made or to be made to destroy any property by means of explosives.

Jury Instruction

Wis JI-Criminal 1920

 

§ 947.019(1) Terrorist threats

Summary

To be guilty of this offense, the prosecution must prove that the defendant threatened to cause the death of or bodily harm to any person or to damage any person’s property. The prosecution must also prove that the threat was made with the intent to prevent the occupation of or cause the evacuation of a building, dwelling, school premises, vehicle, facility of public transportation, or place of public assembly, or any room within a building, dwelling, or school premises; to cause public inconvenience; to cause public panic or fear; to cause an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service; or that the actor created an unreasonable and substantial risk of causing any of these results and was aware of that risk.

Elements of the Offense

  1. Threat: The defendant must threaten to cause the death of or bodily harm to any person or to damage any person’s property.
  2. Intent: The threat must be made under one of the following circumstances:
    1. The actor intends to prevent the occupation of or cause the evacuation of a building, dwelling, school premises, vehicle, facility of public transportation, or place of public assembly, or any room within a building, dwelling, or school premises.
    2. The actor intends to cause public inconvenience.
    3. The actor intends to cause public panic or fear.
    4. The actor intends to cause an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service.
    5. The actor creates an unreasonable and substantial risk of causing a result described in (a), (b), (c), or (d) and is aware of that risk.

Jury Instruction

Wis JI-Criminal 1925A
Wis JI-Criminal 1925B

 

§ 947.06(3) Failure to withdraw from an unlawful assembly

Summary

To be guilty of this offense, the prosecution must prove that the defendant knew that an assembly had been ordered to disperse and intentionally failed or refused to withdraw from the unlawful assembly.

Elements of the Offense

  1. Unlawful Assembly: An unlawful assembly existed.
  2. Knowledge: The defendant must know that the assembly has been ordered to disperse.
  3. Intentional Act: The defendant must intentionally fail or refuse to withdraw from the unlawful assembly.

Jury Instruction

Wis JI-Criminal 1930

 

Updated December 2024

Ask a Question Top of Page