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Wisconsin Statutory Elements and Consequences

Definitions

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.

ACCIDENT
"Accident" means an unexpected, undesirable event and may encompass intentional conduct." State v. Harmon, 2006 WI App 214 ¶1, 296 Wis.2d 861, 723 N.W.2d 732.
ACCOMPLICE
The term "accomplice" refers to someone who is involved in a criminal offense. In the state of Wisconsin, the legal responsibility of accomplices is regulated by section 939.05, which covers "Parties to crime."
ACTING IN AN OFFICIAL CAPACITY
A person is "acting in an official capacity" when they perform duties that they are employed to perform.
ADEQUATE PROVOCATION (§ 939.44)

"Adequate" means sufficient to cause complete lack of self-control in an ordinarily constituted person.

"Provocation" means something which the defendant reasonably believes the intended victim has done which causes the defendant to lack self-control completely at the time of causing death.

Adequate provocation is an affirmative defense only to first-degree intentional homicide and mitigates that offense to 2nd-degree intentional homicide.

ADVOCATE (§ 940.203(1)(ab))
"Advocate" means an individual who is representing the interests of a child, the tribe, or another party in a tribal court proceeding.
AFFIRMATIVE DEFENSE
A fact or set of facts that, although not specified within a statute's description of a crime's elements, is recognized as a defense against a specific crime or criminal conduct.
AFTERCARE AGENT (§ 940.20(2m)(a)1)
Any person authorized by the department of corrections to exercise control over a juvenile on aftercare or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on aftercare or a comparable program that is authorized by the tribe or band.
AIDING AND ABETTING (§ 939.05)

Assisting another person in committing a crime.

Makes one "concerned in the commission of a crime" - a "party to a crime" - and subject to being charged with and convicted of that crime even though the person did not directly commit the crime.
ALCOHOL CONCENTRATION (§ 340.01(1v))

"Alcohol concentration" means any of the following:

(a) The number of grams of alcohol per 100 milliliters of a person's blood.
(b) The number of grams of alcohol per 210 liters of a person's breath.

See also, prohibited alcohol concentration.

AMBULANCE (§ 256.01(1t))
“Ambulance” means an emergency vehicle, including any motor vehicle, boat or aircraft, whether privately or publicly owned, which is designed, constructed or equipped to transport sick, disabled or injured individuals.
ANIMAL
For violations of § 944.18(2)
“Animal” means any creature, either alive or dead, except a human being.
APPROPRIATE REDUCED SPEED
"Appropriate reduced speed" is a relative term and means less than the otherwise lawful speed. An appropriate reduced speed is that speed at which a person of ordinary intelligence and prudence would drive under the same or similar circumstances.
ARMED; GO ARMED; WENT ARMED
The weapon must be either on the individual's person or within the person's reach. See State v. Grandberry, 2018 WI 29, 380 Wis.2d 541, 910 N.W.2d 214.
ATTEMPT (§ 939.32(3))
The actor has an intent to perform acts and attain a result which, if accomplished, would constitute such crime and that the actor does acts toward the commission of the crime which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the crime except for the intervention of another person or some other extraneous factor.
ATTORNEY (§ 940.203(1)(ac))
"Attorney" means a legal professional practicing law, as defined in SCR 23.01.
AUTHORIZED EMERGENCY VEHICLE (§ 340.01(3))
 “Authorized emergency vehicle” means any of the following:
  • Police vehicles, whether publicly or privately owned, including bicycles being operated by law enforcement officers.
  • Conservation wardens’ vehicles, foresters’ trucks, or vehicles used by commission wardens, whether publicly or privately owned.
  • Vehicles of a fire department or fire patrol.
  • Privately owned motor vehicles being used by deputy state fire marshals or by personnel of a full-time or part-time fire department or by members of a volunteer fire department while en route to a fire or on an emergency call pursuant to orders of their chief or other commanding officer.
  • Privately owned motor vehicles being used by an organ procurement organization, or by any person under an agreement with an organ procurement organization, to transport organs for human transplantation or to transport medical personnel for the purpose of performing human organ harvesting or transplantation immediately after the transportation.
  • Privately owned motor vehicles being operated in the course of a business and being used, in response to an emergency call from a treating physician or his or her designee declaring the transportation to be an emergency, to transport medical devices or equipment to a hospital or ambulatory surgery center, or to pick up medical devices or equipment for immediate transportation to a hospital or ambulatory surgery center, if the medical devices or equipment are to be used for human implantation or for urgent medical treatment immediately after the transportation.
  • Privately owned motor vehicles that are all of the following:
    • Designated or authorized by an ambulance service or rescue squad chief in writing annually.
    • Used by an emergency medical services practitioner licensed under s. 256.15 or an ambulance driver or emergency medical responder authorized by the chief of an ambulance service or rescue squad.
BIFURCATED SENTENCE (§ 973.01)
Under Wisconsin's "truth in sentencing" system, every felony sentence is divided into two parts: a confinement period and an extended supervision period.
BODILY HARM (§ 939.22(4))
Physical pain or injury, illness, or any impairment of physical condition.
BODY ARMOR ((§ 941.291)(1)(a))
“Body armor” means any garment that is designed, redesigned, or adapted to prevent bullets from penetrating through the garment.
CASTLE DOCTRINE (§ 939.48(1m))
This term refers to an expanded right to use force in self-defense when the encounter occurs in the dwelling or place of business of an individual.
CAUSE
"Cause" means that a person's conduct was a substantial factor in producing a harm or consequence.
CEMETERY PROPERTY (§ 943.012(1))
"Cemetery property" means any cemetery, mortuary, other facility used for burial or memorializing the dead.
CHILD (§ 948.01(1))
A person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "child" does not include a person who has attained the age of 17 years.
COERCION (§ 939.46)

A threat by a person other than the actor's coconspirator which causes the actor reasonably to believe that his or her act is the only means of preventing imminent death or great bodily harm to the actor or another and which causes him or her so to act is a defense to a prosecution for any crime based on that act.

If the prosecution is for first-degree intentional homicide, the degree of the crime is reduced to 2nd-degree intentional homicide.

COMMERCIAL MOTOR VEHICLE (§ 340.01(8)) 

"Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property and having one or more of the following characteristics:

(a) The vehicle is a single vehicle with a gross vehicle weight rating of 26,001 or more pounds or the vehicle's registered weight or actual gross weight is more than 26,000 pounds.
(b) The vehicle is a combination vehicle with a gross combination weight rating, registered weight or actual gross weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating, registered weight or actual gross weight of more than 10,000 pounds.
(c) The vehicle is designed to transport or is actually transporting the driver and 15 or more passengers. If the vehicle is equipped with bench type seats intended to seat more than one person, the passenger carrying capacity shall be determined under sub. (31) or, if the vehicle is a school bus, by dividing the total seating space measured in inches by 13.
(d) The vehicle is transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73.

COMMERCIAL SEX ACT (§ 940.302(1)(a))
"Commercial sex act" means (sexual contact) (sexual intercourse) (sexually explicit performance) (any conduct done for the purpose of sexual humiliation, degradation, arousal, or gratification) for which anything of value is given to, promised, or received, directly or indirectly, by any person.
COMPETENCY TO STAND TRIAL (§ 971.13(1))

No person who lacks substantial mental capacity to understand the proceedings or assist in his or her own defense may be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures.

See Wis. Stat. § 971.14 regarding the procedures that apply when "there is reason to doubt" a person's competency.

COMPUTER DATA (§ 943.70(1)(f)).
"Computer data" means a representation of information, knowledge facts, concepts, or instructions that has been prepared or is being prepared in a formalized manner and is intended to be processed, is being processed, or is intended to be processed in a computer system or computer network. Data may be in any form, including but not limited to printouts, magnetic storage media, punched cards, and are stored in the memory of the computer.
COMPUTER NETWORK (§ 943.70(1)(b))
"Computer network" means the interconnection of communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
COMPUTER PROGRAM (§ 943.70(1)(c))
"Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
COMPUTER SERVICE (§ 943.70(1)(e))
"Computer system" means a set of related computer equipment, hardware, or software.
COMMUNITY SUPERVISION AGENT (§ 940.20(2m)(a)1m)
Any person authorized by the department of corrections to exercise control over a juvenile on community supervision or authorized by a federally recognized American Indian tribe or band to exercise control over a juvenile on community supervision or a comparable program that is authorized by the tribe or band.

"Consent", as used in § 940.225, means "words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11(2):

(b) A person suffering from a mental illness or defect which impairs capacity to appraise personal conduct.
(c) A person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act."

CONSPIRACY (§ 939.31 and § 939.05(2)(c))

§ 939.31 (inchoate crime). Whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime that was the object of the conspiracy.

§ 939.05(2)(c) (party to a crime). A person is concerned in the commission of a crime if the person is a member of a conspiracy with another to commit it. A member of a conspiracy is also concerned in the commission of any other crime which is committed in the pursuance of the intended crime and which under the circumstances is a natural and probable consequence of the intended crime.

CONTROLLED SUBSTANCE (§ 961.01(4))
A drug, substance or immediate precursor included in schedules I to V of subch. II of Chapter 961.
CONTROLLED SUBSTANCE ANALOG (§ 961.01(4m))

A substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II of Chapter 961 and:

Which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or

With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

COURSE OF CONDUCT (§ 940.32(1)(a))

"Course of conduct" means a series of 2 or more acts carried out over time, however short or long, that show a continuity of purpose, including any of the following:

  • Maintaining a visual or physical proximity to the victim.
  • Approaching or confronting the victim.
  • Appearing at the victim's workplace or contacting the victim's employer or coworkers.
  • Appearing at the victim's home or contacting the victim's neighbors.
  • Entering property owned, leased, or occupied by the victim.
  • Contacting the victim by telephone, text message, electronic message, electronic mail, or other means of electronic communication or causing the victim's telephone or electronic device or any other person's telephone or electronic device to ring or generate notifications repeatedly or continuously, regardless of whether a conversation ensues.
  • Photographing, videotaping, audiotaping, or, through any other electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of where the act occurs.
  • Sending to the victim any physical or electronic material or contacting the victim by any means, including any message, comment, or other content posted on any Internet site or web application.
  • Sending to a member of the victim's family or household, or any current or former employer of the victim, or any current or former coworker of the victim, or any friend of the victim any physical or electronic material or contacting such person by any means, including any message, comment, or other content posted on any Internet site or web application for the purpose of obtaining information about, disseminating information about, or communicating with the victim.
  • Placing an object on or delivering an object to property owned, leased, or occupied by the victim.
  • Delivering an object to a member of the victim's family or household or an employer, coworker, or friend of the victim or placing an object on, or delivering an object to, property owned, leased, or occupied by such a person with the intent that the object be delivered to the victim.
  • Causing a person to engage in any of the acts described in subds. 1. to 9.
CRIME (§ 939.12)
Conduct which is prohibited by state law and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime.
CRIMINAL HISTORY RECORD
For violations of § 175.35(2) through (2j)
“Criminal history record” includes information reported to the department under s. 938.396(2g) (n) that indicates a person was adjudicated delinquent for an act that if committed by an adult in this state would be a felony.
CRIMINAL INTENT (§ 939.23(1))
When criminal intent is an element of a crime in chs. 939 to 951, such intent is indicated by the term "intentionally," the phrase "with intent to," the phrase "with intent that," or some form of the verbs "know" or "believe."
CRIMINAL NEGLIGENCE (§ 939.25)

Ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another.

Except that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), "criminal negligence" means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to an unborn child, to the woman who is pregnant with that unborn child or to another.

CRIMINAL RECKLESSNESS (§ 939.24)

"Criminal recklessness" means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk.

For purposes of ss. 940.02 (1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), "criminal recklessness" means that the actor creates an unreasonable and substantial risk of death or great bodily harm to an unborn child, to the woman who is pregnant with that unborn child or to another and the actor is aware of that risk.

If criminal recklessness is an element of a crime in chs. 939 to 951, the recklessness is indicated by the term "reckless" or "recklessly".

CUSTODY (§ 946.42(1)(a))

The physical control of a person by an institution, peace officer, or an institution guard.

A person is also in custody when temporarily outside an institution for the purpose of working or receiving medical care or other authorized purpose.

A person is also in custody when that person's freedom of movement is restricted either by use of physical force by a peace officer or by the assertion of authority by a peace officer to which the person has submitted.

DANGEROUS WEAPON (§ 939.22(10))
Any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
DEBT BONDAGE (§ 940.302(1)(b))
"Debt bondage" means the condition of a debtor arising from the debtor's pledge of services as security for debt if the reasonable value of those services is not applied toward repaying the debt or if the length and nature of the services are not defined. § 940.302(1)(b).
DEFENSE OF OTHERS (§ 939.48(3))
The privilege of self-defense extends not only to the intentional infliction of harm upon a real or apparent wrongdoer, but also to the unintended infliction of harm upon a 3rd person, except that if the unintended infliction of harm amounts to the crime of first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, first-degree or 2nd-degree reckless injury or injury by negligent handling of dangerous weapon, explosives or fire, the actor is liable for whichever one of those crimes is committed.
DEFENSE OF PROPERTY (§ 939.49)
A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with the person's property. Only such degree of force or threat thereof may intentionally be used as the actor reasonably believes is necessary to prevent or terminate the interference. It is not reasonable to intentionally use force intended or likely to cause death or great bodily harm for the sole purpose of defense of one's property.
DELIVER (§ 961.41(6))
To transfer or attempt to transfer something from one person to another.
DRIVE (§ 346.63(3)(a))
"Drive" means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.
DRUG (§ 450.01(10))

"Drug" means:

(a) Any substance recognized as a drug in the official U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States or any supplement to either of them;
(b) Any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or other conditions in persons or other animals;
(c) Any substance other than a device or food intended to affect the structure or any function of the body of persons or other animals; or
(d) Any substance intended for use as a component of any article specified in pars. (a) to (c) but does not include gases or devices or articles intended for use or consumption in or for mechanical, industrial, manufacturing or scientific applications or purposes.

For the purposes of motor vehicle offenses, the definition of "Drug" provided in § 340.01(15mm) has the meaning specified in § 450.01(10).

DRUG PARAPHERNALIA (§ 961.571)

"Drug paraphernalia" means all equipment, products, and materials of any kind that are used, designed for use, or primarily intended for use to ingest, inhale, or otherwise introduce into the human body a controlled substance.

"Drug paraphernalia" does not include:

  • Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.
  • Any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.
DURESS
Wisconsin does not recognize a defense specifically identified as "duress." Instead, refer to the defenses of "coercion" and "necessity."
DWELLING (§ 943.14)
A "dwelling" means a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others.
ELECTRIC WEAPON (§ 941.295(1c)(a))
"Electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.
EMERGENCY MEDICAL PERSONNEL (§ 941.37(1)(c))
“Emergency medical personnel” means an emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), peace officer or fire fighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.
ENTRAPMENT
"Entrapment" is a defense available to defendants when a law enforcement officer has used improper methods to induce them to commit an offense they were not disposed to commit. See State v. Hochman, 2 Wis.2d 410, 413-14, 86 N.W.2d 446 (1957).
ESCAPE (§ 946.42(1)(b))
"Escape" means to leave in any manner without lawful permission or authority. Escape includes the intentional failure to remain within the limits of a home detention program.
EXPUNCTION
Generally, this refers to the removal of a conviction from a person's criminal record.
FAMILY MEMBER (§ 940.203(1)(am))
"Family member" means a parent, spouse, sibling, child, stepchild, or foster child.
FELONY (§ 939.60)
A crime punishable by imprisonment in the Wisconsin state prisons. A sentence of more than one year shall be to the Wisconsin state prisons.
FINANCIAL INSTITUTION (§ 943.80(2))
"Financial institution" means a bank, savings bank, savings and loan association, trust company, credit union, mortgage banker, or mortgage broker chartered under the laws of this state, another state or territory, or under the laws of the United States.
FINANCIAL TRANSACTION CARD (§ 943.41(1)(em))
"A financial transaction card" is an instrument or device issued by a business organization or financial institution for the use of the cardholder in (obtaining anything on credit) (certifying or guaranteeing the availability of funds sufficient to honor a check) (gaining access to an account).
FIREARM
"Firearm" means a weapon that acts by force of gunpowder to fire a projectile, regardless of whether it is inoperable due to disassembly. See State v. Rardon, 185 Wis. 2d 701, 518 N.W. 330
FIREARMS DEALER
For violations of § 175.35(2) through (2j)
“Firearms dealer” means any person engaged in the business of importing, manufacturing or dealing in firearms and having a license as an importer, manufacturer or dealer issued by the federal government.
FIREARMS RESTRICTIONS RECORD SEARCH
For violations of § 175.35(2) through (2j)
“Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search” includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).
FIREBOMB (§ 943.06(1))
"Firebomb" means a breakable container containing a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less, having a wick or similar device capable of being ignited. The term "firebomb" does not mean a device commercially manufactured primarily for the purpose of illumination.
FORCIBLY
"Forcibly" means that the defendant actually used force or threatened the imminent use of force against a person. 
FORFEITURE
A violation of law punishable only by a monetary sanction, not confinement.
GUARDIAN AD LITEM (§ 54.40(2))
The guardian ad litem shall be an attorney admitted to practice in this state and in compliance with SCR chapter 36. No one who is an interested person in a proceeding, appears as counsel in a proceeding on behalf of any party, or is a relative or representative of an interested person may be appointed guardian ad litem in that proceeding or in any other proceeding that involves the same proposed ward or ward.
GREAT BODILY HARM (§ 939.22(14))
Bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
HANDGUN
For violations of § 175.35(2) through (2j)
“Handgun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.
HATE CRIME (§ 939.645)
A crime in which the person against whom the crime was committee was intentionally selected in whole or in part because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor's belief or perception was correct.
HAZARDOUS INHALANT (§ 340.01(20r))
"Hazardous inhalant" means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the 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.
HIGHWAY (§ 340.01(22))

"Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel. It includes those roads or driveways in the state, county or municipal parks and in state forests which have been opened to the use of the public for the purpose of vehicular travel and roads or driveways upon the grounds of public schools, as defined in s. 115.01 (1), and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways as defined in sub. (46).

For the purposes of chapter 346, § 346.01(1m)) provides:  "In this chapter, in addition to the meaning given in s. 340.01 (22), ‘highway' includes a private road or driveway that is subject to an agreement for traffic regulation enforcement under s. 349.03 (5)."

HUMAN BEING (§ 939.22(16))
"Human being" means one who has been born alive.
IMMINENT
"Near at hand" or "at the point of happening." See Black's Law Dictionary, p. 884 (4th Edition, 1951)
INCHOATE CRIME

A crime that is committed by taking a punishable step towards the commission of another crime.

Solicitation § 939.30, conspiracy § 939.31, and attempt § 939.32 are inchoate crimes.

INJUNCTION
An injunction is a court order prohibiting specified conduct.
IN PUBLIC (SEXUAL GRATIFICATION) (§ 944.17(1))
"In public" means in a place where or in a manner such that the person knows or has reason to know that his or her conduct is observable by or in the presence of persons other than the person with whom he or she is having sexual gratification.
INTENT
See also intentionally; with intent that; with intent to.
INTENT TO KILL
The mental purpose to take the life of another or the awareness that death is practically certain to result.
INTENTIONALLY (§ 939.23(3))

"Intentionally" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result. In addition, except as provided in sub. (6), the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word "intentionally".

Criminal intent does not require proof of knowledge of the age of a minor even though age is a material element in the crime in question.

See with intent that; with intent to.

INTIMATE PARTS (§ 939.22(19))
The breast, buttock, anus, groin, scrotum, penis, vagina or pubic mound of a human being.
INTIMATE REPRESENTATION (§ 942.09(1)(ag))

"Intimate representation" means any of the following:

1.   A representation of a nude or partially nude person.
2.   A representation of clothed, covered, or partially clothed or covered genitalia or buttock that is not otherwise visible to the public.
3.   A representation of a person urinating, defecating, or using a feminine hygiene product.
4.   A representation of person engaged in sexual intercourse or sexual contact, as defined in s. 940.225 (5) (b) or (c).

INTOXICANT (§ 940.225(5)(ai))

Any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog, or other drug, or any combination thereof.

The same definition applies, for the purposes of Chapter 350, to snowmobiles § 350.01(9), and for purposes of regulation of boating §§ 30.50 - 30.80.

INVOLUNTARY INTOXICATION (§ 939.42)

An intoxicated or a drugged condition of the actor is a defense only if such condition is involuntarily produced and does one of the following:

(1) Renders the actor incapable of distinguishing between right and wrong in regard to the alleged criminal act at the time the act is committed.

(2) Negatives the existence of a state of mind essential to the crime.

ISSUER (§ 943.41(1)(f))
"Issuer" means the business organization or financial institution which issues a financial transaction card (or its duly authorized agent).
JUDGE (§ 940.203(1)(b))
"Judge" means a person who currently is or who formerly was a supreme court justice, court of appeals judge, circuit court judge, municipal judge, tribal judge, temporary or permanent reserve judge or circuit, supplemental, or municipal court commissioner."
JURISDICTION (§ 939.03)
"Jurisdiction" refers to the state's territorial jurisdiction over crime. Generally, it requires that, "any constituent element" of the crime be committed in the state. Subsections (1)(b)-(g) recognize situations where jurisdiction is extended to acts committed outside the state.
KNOW; KNOWINGLY (§ 939.23(2))
"Know" requires only that the actor believes that the specified fact exists.
LAW ENFORCEMENT OFFICER (§ 102.475(8)(c))
"Law enforcement officer" means any person employed by the state or any political subdivision for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.
LESSER-INCLUDED OFFENSE (§ 939.66)
A less serious offense that may be substituted to the jury as an alternative to a more serious offense with which the defendant has been charged.
LIFETIME SEX OFFENDER SUPERVISION (§ 939.615)

Persons convicted of the following offenses may be placed on lifetime supervision:

940.22 (2), 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025 (1), 948.05 (1) or (1m), 948.051, 948.055 (1), 948.06, 948.07, 948.075, 948.08, 948.085, 948.11 (2) (a), 948.12, or 948.13 or of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

Persons may also be placed on lifetime supervision if convicted of any violation under Chapter 940, 942, 943, 944 or 948 if the court determines that one of the purposes for the conduct constituting the violation was for the actor's sexual arousal or gratification.

MALICE OR MALICIOUSLY (§ 940.41(1))
"Malice" or "maliciously" means an intent to vex, annoy or injure in any way another person or to thwart or interfere in any manner with the orderly administration of justice."
MANUFACTURE (§ 961.01(13))

"Manufacture" means the production, preparation, propagation, compounding, conversion or processing of, or to produce, prepare, propagate, compound, convert or process, a controlled substance or controlled substance analog, directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, including to package or repackage or the packaging or repackaging of the substance, or to label or to relabel or the labeling or relabeling of its container. "Manufacture" does not mean to prepare, compound, package, repackage, label or relabel or the preparation, compounding, packaging, repackaging, labeling or relabeling of a controlled substance:

  • By a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
  • By a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
MASKING AGENT (§ 961.69(1))
Any substance or device that is intended for use to defraud, circumvent, interfere with, or provide a substitute for a bodily fluid in conjunction with a lawfully administered drug test.
MEDICAL (§ 943.145(1))
"Medical facility" means a hospital or a clinic or office that is used by a licensed physician.
MENTAL DISEASE OR DEFECT (§ 971.15)
A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or conform his or her conduct to the requirements of law.
MISDEMEANOR (§ 973.02)
Every crime not punishable by imprisonment in the Wisconsin state prisons, but punishable by fines, county jail time, or both. See Wis. Stat. Sec. 939.60. A sentence of less than one year shall be to the county jail.
MISTAKE (§ 939.43)

An honest error, whether of fact or of law other than criminal law, is a defense if it negatives the existence of a state of mind essential to the crime.

A mistake as to the age of a minor or as to the existence or constitutionality of the section under which the actor is prosecuted or the scope or meaning of the terms used in that section is not a defense.

MITIGATING CIRCUMSTANCES (§ 940.01(2))

A fact or set of facts recognized as reducing the seriousness of a criminal offense.

Examples: adequate provocation, unnecessary defensive force, prevention of felony, coercion; necessity when first degree intentional homicide is charged.

MOTOR VEHICLE (§ 340.01(35))
"Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, a utility terrain vehicle, an electric scooter, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute. "Motor vehicle" does not include an electric bicycle.
MOVABLE PROPERTY (§ 943.20(2)(ag))
"Movable property" means property whose physical location can be changed.
NATURAL AND PROBABLE CONSEQUENCES
An outcome to be expected based on the facts and circumstances known to the defendant at the time of the event, rather than an unexpected or surprising result.
NECESSITY (§ 939.47)

Pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm to the actor or another and which causes him or her so to act, is a defense to a prosecution for any crime based on that act.

If the prosecution is for first-degree intentional homicide, the degree of the crime is reduced to 2nd-degree intentional homicide.

OBSCENE MATERIAL
For violations of § 944.18(2)
“Obscene material” has the meaning given in s. 944.21 (2) (c).
“Obscene material” means a writing, picture, film, or other recording that:
  • The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;
  • Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and
  • Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.
OFFICIAL CAPACITY
Duties that a person is employed to perform.
OMISSION LIABILITY (LIABILITY FOR FAILURE TO ACT)
Criminal liability may be based on a failure to act when:
  • the defendant has a legal duty to act;
  • the defendant has a knowledge of facts giving rise to the duty;
  • the defendant has the physical ability to act as the duty requires; and,
  • the defendant failed to act as the legal duty requires
OPERATE (§ 346.63(3)(b))
"Operate" means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
OPERATING PRIVILEGE (§ 340.01(40))
"Operating privilege" means, in the case of a person who is licensed under ch. 343, the license, including every endorsement and authorization to operate vehicles of specific vehicle classes or types, instruction permit, and temporary, restricted or occupational license granted to such person; in the case of a resident of this state who is not so licensed, it means the privilege to secure a license under ch. 343; in the case of a nonresident, it means the operating privilege granted by s. 343.05 (2) (a) 2. or (4) (b) 1.
OWNER (§ 943.32(3))
A person in possession of property whether the person's possession is lawful or unlawful.
PARTY TO A CRIME (§ 939.05)

Whoever is concerned in the commission of a crime is a principal and may be charged with and convicted of the commission of the crime although the person did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act.

A person is concerned in the commission of the crime if the person:

  • 939.05(2)(a)(a) Directly commits the crime; or
  • Intentionally aids and abets the commission of it; or
  • Is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it.
PEACE OFFICER (§ 939.22(22))
Any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. "Peace officer" includes a commission warden and a university police officer, as defined in s. 175.42 (1) (b).
PERSON RESPONSIBLE FOR A CHILD'S WELFARE (§ 939.45(5)(a)3.; § 948.01(3))

For purposes of the privilege of reasonable discipline of a child: "Person responsible for the child's welfare" includes the child's parent, stepparent or guardian; an employee of a public or private residential home, institution or agency in which the child resides or is confined or that provides services to the child; or any other person legally responsible for the child's welfare in a residential setting.

For purposes of Chapter 948: "Person responsible for the child's welfare" includes the child's parent; stepparent; guardian; foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.

PETECHIA (§ 939.22(23))
A minute colored spot that appears on the skin, eye, eyelid, or mucous membrane of a person as a result of localized hemorrhage or rupture to a blood vessel or capillary.
PHOTOGRAPH OR FILM
For violations of § 944.18(2)
“Photograph or film” means the making of a photograph, motion picture film, video tape, digital image, or any other recording.
POSSESSED; POSSESSION

"Possession" means that the defendant knowingly had physical control over an item. An item is also in a person's possession if it is in an area over which the person has control, and the person intends to exercise control over the item.

It is not required that a person own an item in order to possess it. What is required is that the person exercises control over the item.

Possession may be shared with another person. If a person exercises control over an item, that item is in his or her possession, even though another person may also have similar control.

PRESCRIPTION DRUG

"Prescription drug" means all of the following, but does not include blood, blood components intended for transfusion, or biological products that are also medical devices:

  • A drug, drug product, or drug-containing preparation that is subject to 21 USC 353 (b) or 21 CFR 201.105.
  • (b) A controlled substance included in schedules II to V of ch. 961, whether by statute or rule, except a substance that by law may be dispensed without the prescription order of a practitioner. Controlled substances are included within this definition for purposes of s. 450.11 (3), (4) (a), and (8) only and for violations thereof punishable under s. 450.11 (9).
PRINCIPAL (§ 939.05)
The person who directly commits a crime.
PRISONER (§  946.44(2)(d))
"Prisoner" includes:
  • a person who is under the supervision of the department of corrections under s. 938.34 (4h),
  • a person who is placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183, 938.34 (4m), or 938.357 (4) or (5) (e), or
  • a person who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d).
PRIVILEGE (§ 939.45)
A fact or set of facts recognized as a defense to conduct that would otherwise be criminal.
PROHIBITED ALCOHOL CONCENTRATION (§ 340.01(46m))

(a) If the person has 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

(c) If the person is subject to an order under s. 343.301 or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

"An order under § 340.301" refers to an order requiring the instillation of an ignition interlock device.

PROPERTY OF ANOTHER (§ 939.22(28))
Property in which a person other than the actor has a legal interest which the actor has no right to defeat or impair, even though the actor may also have a legal interest in the property.
PROSECUTOR (940.203(1)(ac))

"Prosecutor" means a person who currently is or formerly was any of the following:

  • A district attorney, a deputy district attorney, an assistant district attorney, or a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
  • The attorney general, a deputy attorney general, or an assistant attorney general.
  • A tribal prosecutor.
PROSTITUTE
"Prostitute" means a person who intentionally engages in sexual intercourse or other sexual acts for anything of value.
PROVOCATION (§ 939.44 and § 939.22(30)).

Adequate provocation

(a) "Adequate" means sufficient to cause complete lack of self-control in an ordinarily constituted person.
(b) "Provocation" means something which the defendant reasonably believes the intended victim has done which causes the defendant to lack self-control completely at the time of causing death.

Privilege of self-defense

When the actor's conduct is in defense of persons or property under any of the circumstances described in s. 939.48 or 939.49;

PUBLIC EMPLOYEE (§ 939.22(30))
Any person, not an officer, who performs any official function on behalf of the state or one of its subordinate governmental units and who is paid from the public treasury of the state or subordinate governmental unit.
PUBLIC OFFICER (§ 939.22(30))
Any person appointed or elected according to law to discharge a public duty for the state or one of its subordinate governmental units.
PUBLIC TRANSIT VEHICLE (§ 940.20(6)(a))
Any vehicle used for providing transportation service to the general public.
READ-IN (§ 973.20(1g)(b))
Any crime that is uncharged or that is dismissed as part of a plea agreement, that the defendant agrees to be considered by the court at the time of sentencing and that the court considers at the time of sentencing the defendant for the crime for which the defendant was convicted.
REASONABLY BELIEVES
Whether a person "reasonably believes" is determined by reference to what a person of ordinary intelligence and prudence would have believed in the person's position under the circumstances that existed at the time. The reasonableness of a belief is determined from the standpoint of the person at the time of the act. A belief may be reasonable even if it is mistaken.
RECKLESSNESS

"Criminal recklessness" means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk. See § 939.24.

For the purposes of § 948.03, "recklessly" means conduct which creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the child. See § 948.03(1).

RECKLESSLY (§ 940.295(1)(o))
"Recklessly" means conduct that creates a situation of unreasonable risk of death or harm to and demonstrates a conscious disregard for the safety of the patient or resident.
RELIGIOUS PROPERTY (§ 943.012(1))
"Religious property" means any church, synagogue, or other building, structure, or place primarily used for religious worship or other religious purpose.
REPRESENT
"Represent" means that the defendant indicated by words or conduct that the substance was a controlled substance.
REPRESENTATION (§ 942.09(1)(c))
"Representation" means a photograph, exposed film, motion picture, videotape, other visual representation, or data that represents a visual image.
REPEATER (§ 939.62)
An actor is considered a repeater if they were convicted of a felony within the five-year period immediately preceding the commission of the current crime, or if they were convicted of a misdemeanor on three separate occasions within that same period. Convictions that remain on record and unreversed count, regardless of whether the sentence was stayed, withheld, suspended, or pardoned (unless the pardon was granted on the ground of innocence).
RESTRICTED CONTROLLED SUBSTANCE (§ 340.01(50m); § 939.22(33))
  • (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
  • (am) The heroin metabolite 6-monoacetylmorphine.
  • (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).
  • (c) Cocaine or any of its metabolites.
  • (d) Methamphetamine.
  • (e) Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.
RETREAT (§ 939.48(1m)(ar))

As to the privilege of self-defense, there is no duty to retreat, though the opportunity to do so may be relevant to determining whether the use of force was necessary.

  • If an actor intentionally used force that was intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat before he or she used force and shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if the actor makes such a claim under sub. (1) and either of the following applies:
  • The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of business, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that an unlawful and forcible entry was occurring.
  • The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business.
SELF-DEFENSE (§ 939.48)
  • A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.
  • Only the degree of force reasonably believed to be necessary may be used. Deadly force may be used only if the person reasonably believed it was necessary to prevent imminent death or great bodily harm to himself or herself.
  • If an actor intentionally used force that was intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat before he or she used force and shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if the actor makes such a claim. Wis. Stat. § 939.48(1m)(ar).
SERIOUS SEX OFFENSE

"Serious sex offense" means any of the following:

A violation, or the solicitation, conspiracy, or attempt to commit a violation, of:

Section 940.22(2) - Sexual assault with a weapon
Section 940.225(1), (2), or (3) - Sexual assault of a child
Section 948.02(1) or (2) - Sexual exploitation of a child
Section 948.025(1) - Use of a computer to facilitate a child sex crime
Section 948.05(1) or (1m) - Sexual assault of a student by school staff
Section 948.051 - Sexual assault of a student by a school volunteer
Section 948.055(1) - Engaging in repeated acts of sexual assault of the same child
Section 948.06 - Incest
Section 948.07 - Sexual intercourse with a child age 16 or 17
Section 948.075 - Sexual assault of a child placed in substitute care
Section 948.08 - Enticing a child
Section 948.085 - Soliciting a child for prostitution
Section 948.11(2)(a) - Causing a child to view or listen to sexual activity
Section 948.12 - Exposing genitals or pubic area
Section 948.13 - Fourth degree sexual assault
Section 940.302(2) - Homicide by intoxicated use of a vehicle, if the victim was a passenger under the age of 16, and if certain conditions apply.

A violation, or the solicitation, conspiracy or attempt to commit a violation, under ch. 940, 942, 943, 944 or 948 other than a violation specified in subd. 1., if the court determines that one of the purposes for the conduct constituting the violation was for the actor's sexual arousal or gratification.

SERVICE PROVIDER (§ 943.50(1)(am))
"Service provider" means a merchant who provides a service to retail customers without a written contract with the expectation that the service will be paid for by the customer upon completion of the service.
SEX OFFENDER REGISTRATION (§ 301.45)
Registration as a sex offender is required for persons convicted of the following offenses:

§ 940.22 (2)
§ 940.225 (1), (2) or (3)
§ 944.06
§ 944.18
§ 948.02 (1) or (2)
§ 948.025
§ 948.05
§ 948.051
§ 948.055
§ 948.06
§ 948.07 (1) to (4)
§ 948.075
§ 948.08
§ 948.085
§ 948.095
§ 948.11 (2) (a) or (am)
§ 948.12
§ 948.13
§ 948.30
§ 940.302 (2) if the trafficking was for the purpose of a commercial sex act
§ 940.30 or § 940.31 if the victim was a minor and the convicted person was not the victim's parent.

SEXUAL CONTACT

For violations of § 948.225(5)(b)

FOR SEXUAL CONTACT INVOLVING INTENTIONAL TOUCHING OF THE INTIMATE PARTS OF THE VICTIM:

[Sexual contact is an intentional touching of the (name intimate part) of (name of victim) (by the defendant) (by another person upon the defendant's instruction). The touching may be of the (name intimate part) directly or it may be through the clothing. The touching may be done by any body part or by any object, but it must be an intentional touching.

Sexual contact also requires that the defendant acted with intent to (cause bodily harm to (name of victim).) (become sexually aroused or gratified.) (sexually degrade or humiliate (name of victim).)]

FOR SEXUAL CONTACT INVOLVING INTENTIONAL TOUCHING BY THE VICTIM OF THE INTIMATE PARTS OF THE DEFENDANT OR OF ANOTHER PERSON:

[Sexual contact is a touching by (name of victim) of the (name intimate part) (of the defendant) (of another person upon the defendant's instruction), if the defendant intentionally caused (name of victim) to do that touching. The touching may be of the (name intimate part) directly or it may be through the clothing.

Sexual contact also requires that the defendant acted with intent to (cause bodily harm to (name of victim).) (become sexually aroused or gratified.) (sexually degrade or humiliate (name of victim).)]

FOR SEXUAL CONTACT INVOLVING INTENTIONAL TOUCHING BY THE VICTIM OF THE EJACULATE, URINE, OR FECES OF ANY PERSON:

[Sexual contact is a touching11 by (name of victim) of the ejaculate, urine, or feces of any person upon (the intentional instructions of the defendant) (the use or threat of force or violence by the defendant) (an intentional act of the defendant).

Sexual contact also requires that the defendant acted with intent to (cause bodily harm to (name of victim).)(become sexually aroused or gratified.) (sexually degrade or humiliate (name of victim).)]

FOR SEXUAL CONTACT INVOLVING INTENTIONAL EJACULATION OR INTENTIONAL EMISSION OF URINE OR FECES UPON THE COMPLAINANT:

[Sexual contact is intentional penile ejaculation of ejaculate or intentional emission of urine or feces (by the defendant) (by another person upon the defendant's instruction) upon any part of the body clothed or unclothed of (name of victim).

Sexual contact also requires that the defendant acted with intent to (become sexually aroused or gratified.) (sexually degrade or humiliate (name of victim).)]

FOR SEXUAL CONTACT INVOLVING INTENTIONALLY CAUSING THE VICTIM TO EJACULATE OR EMIT URINE OR FECES ON ANY PART OF THE DEFENDANT'S BODY:

[Sexual contact is ejaculation or emission of urine or feces by (name of victim) on any part of the defendant's body, clothed or unclothed, which the defendant intentionally causes.

Sexual contact also requires that the defendant acted with intent to (become sexually aroused or gratified.) (sexually degrade or humiliate (name of victim).)]

For violations of Chapter 948
See § 948.08(5). See also See Wis JI-Criminal 2101A.

For violations of § 944.18(2)
“Sexual contact” means any of the following types of contact that is not an accepted veterinary medical practice, an accepted animal husbandry practice that provides care for animals, an accepted practice related to the insemination of animals for the purpose of procreation, or an accepted practice related to conformation judging:

  • 1. An act between a person and an animal involving physical contact between the sex organ, genitals, or anus of one and the mouth, sex organ, genitals, or anus of the other.
  • 2. Any touching or fondling by a person, either directly or through clothing, of the sex organ, genitals, or anus of an animal or any insertion, however slight, of any part of a person’s body or any object into the vaginal or anal opening of an animal.
  • 3. Any insertion, however slight, of any part of an animal’s body into the vaginal or anal opening of a person.
For other Criminal Code violations
See § 939.22(34)
SEXUAL INTERCOURSE

For violations of § 940.225(5) - § 940.225(5)(c)

["Sexual intercourse" means any intrusion, however slight, by any part of a person's body or of any object, into the genital or anal opening of another. Emission of semen is not required.]

["Sexual intercourse" includes (cunnilingus) (fellatio).
(Cunnilingus means oral contact with the clitoris or vulva.)
(Fellatio means oral contact with the penis.)]

[The act of sexual intercourse must be either by the defendant or upon the defendant's instruction.]

["Sexual intercourse" does not include an intrusion for a bona fide medical, health care, or hygiene procedure.]

SEXUAL PREDATOR
See sexually violent offenders.
SEXUALLY EXPLICIT CONDUCT (§ 948.01(7))

"Sexually explicit conduct" means actual or simulated:

(a) Sexual intercourse, meaning vulvar penetration as well as cunnilingus, fellatio or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by a person or upon the person's instruction. The emission of semen is not required;

(b) Bestiality;

(c) Masturbation;

Sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or

(e) Lewd exhibition of intimate parts.

SEXUALLY VIOLENT OFFENSES (§ 980.01(6))

"Sexually violent offense" means any of the following:

Any crime specified in § 940.225 (1), (2), or (3), § 948.02 (1) or (2), § 948.025, § 948.06, § 948.07, or § 948.085.

The following offenses are considered "sexually violent offenses" if sexually motivated, convictions for which can be the basis for commitment under Chapter 980:

Any crime specified in § 940.01, § 940.02, § 940.03, § 940.05, § 940.06, § 940.19 (2), (4), (5), or (6), § 940.195 (4) or (5), § 940.198 (2) or (3), § 940.30, § 940.305, § 940.31, § 941.32, § 943.10, § 943.32, or § 948.03.

Any solicitation, conspiracy, or attempt to commit a specified offense is also considered a "sexually violent offense."

SHOPLIFTING
"Shoplifting" is the common term used to describe retail theft.
SOFT-TISSUE INJURY (§ 946.41(2)(c))
An injury that requires medical attention to a tissue that connects, supports, or surrounds other structures and organs of the body and includes tendons, ligaments, fascia, skin, fibrous tissues, fat, synovial membranes, muscles, nerves, and blood vessels.
SOLICIT
"Solicit" means to advise another person to commit a crime under circumstances that indicate, unequivocally, that the person intends that the crime be committed. It is not required that any delivery actually took place. It is sufficient if the defendant solicited a child for the purpose of delivering. Knowledge of the child's age by the defendant is not required and mistake regarding the child's age is not a defense.
SOLICITATION

As an inchoate crime (§ 939.30)

"Whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent."

As a party to a crime (§ 939.05(2)(c))

"Whoever is concerned in the commission of a crime if the person advises, hires, counsels, or otherwise procures another to commit that crime."

Such a party is also concerned with the commission of any other crime which is committed in pursuance of the intended crime and which under the circumstances is a natural and probable consequence of the intended crime.

STATUTE OF LIMITATIONS (§ 939.74)

Refers to the time period after the commission of a crime during which a criminal prosecution must begin.

Exceptions to the rule are recognized in § 939.74(2)-(4).

There is no limitation period for the following offenses:
STRICT LIABILITY
Refers to crimes that do not require a mental state such as criminal intent or knowledge.
SUBSTANTIAL BODILY HARM (§ 939.22(38))
Bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.
SUFFER SERIOUS EMOTIONAL DISTRESS (§ 940.32(1)(d)) 
"Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, or tormented. This does not require that the victim received treatment from a mental health professional.
TEMPORARY RESTRAINING ORDER
A temporary restraining order is a court order prohibiting specified conduct.
THEFT DETECTION DEVICE (§ 943.50(1)(ar))
"Theft detection device" means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant.
THERAPIST (§ 940.22(1)(i))
"Therapist" means a physician, psychologist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.
THREAT
A threat is an expression of intention to do harm and may be communicated orally, in writing, or by conduct.
 "THREE STRIKES"

The common term used to refer to the "persistent repeater" provision found in § 939.62(2m)(b)1.

Allows a sentence of life imprisonment without the possibility of parole or extended supervision for the third conviction for a "serious felony."

"Serious felonies" are listed in § 939.62(2m)(a)2m:

TRAFFICKING (§ 940.302(1)(d))
"Trafficking" means recruiting, enticing, harboring, transporting, providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide, or obtain, an individual without consent of the individual.
TRAFFIC OFFICER (§ 340.01(70))
"Traffic officer" means every officer authorized by law to direct or regulate traffic or to make arrests for violation of traffic regulations and also includes, for purposes of enforcing s. 346.505 (2) or any local ordinance in conformity with s. 346.505 (2) or any prohibition established under s. 349.13 (1m), any person who is employed by a municipality or county and is designated by that municipality or county as authorized to enforce violations of s. 346.505 (2) or a local ordinance in conformity with s. 346.505 (2) or any prohibition established under s. 349.13 (1m).
TRANSFER (§ 939.22(40))
Any transaction involving a change in possession of any property, or a change of right, title, or interest to or in any property.
TRUE THREAT
"True threat" means that a reasonable person would interpret the threat as a serious expression of intent to do harm, and the person making the statement is aware that others could regard the statement as a threat and delivers it anyway. It is not necessary that the person making the threat have the ability to carry out the threat. 
TORTIOUS
Sufficient for civil liability for a civil wrong.
"TWO STRIKES"

The common term used to refer to "persistent repeater" provision relating to child sex offenses found in 939.62(2m)(b)2.

Allows a sentence of life imprisonment without the possibility of parole or extended supervision for the second conviction for a serious child sex offense.

UNBORN CHILD (§ 939.75(1)):
Any individual of the human species from fertilization until birth that is gestating inside a woman.
UNDER THE INFLUENCE OF AN INTOXICANT

For Criminal Code offense (§ 939.22(42))

"Under the influence of an intoxicant" means that the actor's ability to operate a vehicle or handle a firearm or airgun is materially impaired because of his or her consumption of an alcohol beverage, hazardous inhalant, of a controlled substance or controlled substance analog under ch. 961, of any combination of an alcohol beverage, hazardous inhalant, controlled substance and controlled substance analog, or of any other drug, or of an alcohol beverage and any other drug.

For Motor Vehicle Code offenses:

"Under the influence of an intoxicant" means that the defendant's ability to operate a vehicle was impaired because of consumption of an alcoholic beverage. Not every person who has consumed alcoholic beverages is "under the influence" as that term is used here. What must be established is that the person has consumed a sufficient amount of alcohol to cause the person to be less able to exercise the clear judgment and steady hand necessary to handle and control a motor vehicle. It is not required that impaired ability to operate be demonstrated by particular acts of unsafe driving. What is required is that the person's ability to safely control the vehicle be impaired.

UNLAWFUL INTERFERENCE (§ 939.48(6))
"Unlawful" [for purposes of self-defense] means either tortious or expressly prohibited by criminal law or both.
UNNECESSARY DEFENSIVE FORCE (§ 940.01(2)(b)):
Death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable.
VEHICLE (§ 340.01(74) and § 939.22(44))

§ 340.01(74) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile, an all-terrain vehicle, a personal delivery device, an electric scooter, and an electric personal assistive mobility device shall not be considered a vehicle except for purposes made specifically applicable by statute.

§ 939.22(44) "Vehicle" means any self-propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water, or in the air. "Vehicle" does not include a personal delivery device, as defined in s. 340.01 (43fg).

VENUE (§ 971.19)
Venue refers to the county where a criminal action will be tried. Generally, a trial is held in the county where the crime was committed.
VICTIM (§ 940.42-46 and § 950.02(4))

Victim means any natural person against whom any crime as defined in section 939.12 or under the laws of the United States is being or has been perpetrated or attempted in this state.

§ 950.02(4) (a) "Victim" means any of the following:

  • 1.   A person against whom a crime has been committed.
  • 2.   If the person specified in subd. 1. is a child, a parent, guardian or legal custodian of the child.
  • 3.   If a person specified in subd. 1. is physically or emotionally unable to exercise the rights granted under s. 950.04 or article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in subd. 1. or a family member of the person specified in subd. 1.
  • 4.   If a person specified in subd. 1. is deceased, any of the following:
    • a. A family member of the person who is deceased.
    • b. A person who resided with the person who is deceased.
VIOLENT FELONY
For violations of § 941.291(2)
“Violent felony” means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).
WITH INTENT THAT; WITH INTENT TO (§ 939.23(4))
"With intent to" or "with intent that" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result.
WITHOUT CONSENT (§ 939.22(48) and § 940.225(4))
§ 939.22(48) "Without consent" means no consent in fact or that consent is given for one of the following reasons:

(a) Because the actor put the victim in fear by the use or threat of imminent use of physical violence on the victim, or on a person in the victim's presence, or on a member of the victim's immediate family; or
(b) Because the actor purports to be acting under legal authority; or
(c) Because the victim does not understand the nature of the thing to which the victim consents, either by reason of ignorance or mistake of fact or of law other than criminal law or by reason of youth or defective mental condition, whether permanent or temporary.

§ 940.225(4) "Consent", as used in this section, means words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact. Consent is not an issue in alleged violations of sub. (2) (c), (cm), (d), (g), (h), and (i). The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s. 972.11 (2):

WITNESS (§ 943.011(1)(b))
"Witness" means any person who has attended a proceeding to testify or who has testified as defined in § 940.41(3).

Updated January 2025

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