Classification of forfeitures.
Felony and misdemeanor defined.
Penalty when none expressed.
Increased penalty for habitual criminality.
Increased penalty for certain domestic abuse offenses.
Increased penalty; repeat serious sex crimes.
Increased penalty; repeat serious violent crimes.
Increased penalty for criminal gang crimes.
Increased penalty; repeat child sex crimes.
Penalties; use of a dangerous weapon.
Penalties; violent crime in a school zone.
Penalties; assault or battery in secured juvenile facilities or to aftercare agent.
Penalties; use of bulletproof garment.
Penalty; concealing identity.
Penalty; crimes committed against certain people or property.
Penalty; crimes committed using information obtained from the sex offender registry.
RIGHTS OF THE PROSECUTION.
Prosecution under more than one section permitted.
Conviction of included crime permitted.
RIGHTS OF THE ACCUSED.
Presumption of innocence and burden of proof.
Limitation on the number of convictions.
No conviction of both inchoate and completed crime.
Criminal penalty permitted only on conviction.
Time limitations on prosecutions.
Ch. 939 Note
NOTE: 1987 Wis. Act 399
included changes in homicide and lesser included offenses. The sections affected had previously passed the senate as 1987 Senate Bill 191, which was prepared by the Judicial Council and contained explanatory notes. These notes have been inserted following the sections affected and are credited to SB 191 as "Bill 191-S". These notes do not appear in the 1987-88 edition of the Wisconsin Statutes.
Name and interpretation. Chapters 939
may be referred to as the criminal code but shall not be interpreted as a unit. Crimes committed prior to July 1, 1956, are not affected by chs. 939
History: 1979 c. 89
; 1987 a. 332
Jurisdiction of state over crime. 939.03(1)
A person is subject to prosecution and punishment under the law of this state if:
The person commits a crime, any of the constituent elements of which takes place in this state; or
While out of this state, the person aids and abets, conspires with, or advises, incites, commands, or solicits another to commit a crime in this state; or
While out of this state, the person does an act with intent that it cause in this state a consequence set forth in a section defining a crime; or
While out of this state, the person steals and subsequently brings any of the stolen property into this state.
History: 1983 a. 192
; 1993 a. 486
Jurisdiction over crime committed by Menominee while on the Menominee Indian Reservation discussed. State ex rel. Pyatskowit v. Montour, 72 W (2d) 277, 240 NW (2d) 186.
Treaties between federal government and Menominee tribe do not deprive state of criminal subject matter jurisdiction over crime committed by a Menominee outside the reservation. Sturdevant v. State, 76 W (2d) 247, 251 NW (2d) 50.
See note to Art. I, sec. 8, citing State ex rel. Skinkis v. Treffert, 90 W (2d) 528, 280 NW (2d) 316 (Ct. App. 1979).
Fisherman who violated Minnesota and Wisconsin fishing laws while standing on Minnesota bank of Mississippi was subject to Wisconsin prosecution. State v. Nelson, 92 W (2d) 855, 285 NW (2d) 924 (Ct. App. 1979)
See note to 346.65, citing County of Walworth v. Rohner, 108 W (2d) 713, 324 NW (2d) 682 (1982).
Unlawful arrest does not deprive court of personal jurisdiction over defendant. State v. Smith, 131 W (2d) 220, 388 NW (2d) 601 (1986).
Jurisdiction in a criminal nonsupport action under s. 948.22 does not require that the child to be supported be a resident of Wisconsin during the charged period. State v. Gantt, 201 W (2d) 206, 548 NW (2d) 134 (Ct. App. 1996).
Parties to crime. 939.05(1)(1)
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:
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. Such a party is also concerned in 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. This paragraph does not apply to a person who voluntarily changes his or her mind and no longer desires that the crime be committed and notifies the other parties concerned of his or her withdrawal within a reasonable time before the commission of the crime so as to allow the others also to withdraw.
History: 1993 a. 486
It is desirable but not mandatory that an information refer to this section where the district attorney knows in advance that a conviction can only be based on participation and the court can instruct and the defendant can be convicted on the basis of the section in the absence of a showing of adverse effect on the defendant. Bethards v. State, 45 W (2d) 606, 173 NW (2d) 634.
It is not error that an information charging a crime does not also charge defendant with being a party to a crime. Nicholas v. State, 49 W (2d) 683, 183 NW (2d) 11.
Under sub. (2) (c) a conspirator is one who is concerned with a crime prior to its actual commission. State v. Haugen, 52 W (2d) 791, 191 NW (2d) 12.
An information charging defendant with being a party to a crime need not set forth the particular subsection relied upon. A defendant can be convicted of 1st degree murder under this statute even though he claims that he only intended to rob and an accomplice did the shooting. State v. Cydzik, 60 W (2d) 683, 211 NW (2d) 421.
The state need not elect as to which of the elements of the charge it is relying on. Hardison v. State, 61 W (2d) 262, 212 NW (2d) 103.
Evidence establishing that defendant's car was used in robbery getaway was sufficient to convict defendant of armed robbery, party to a crime, where defendant admitted sole possession of car on night of robbery. Taylor v. State, 74 W (2d) 255, 246 NW (2d) 518.
Conduct undertaken to intentionally aid another in commission of a crime and which yields such assistance constitutes aiding and abetting the crime and whatever it entails as a natural consequence. State v. Asfoor, 75 W (2d) 411, 249 NW (2d) 529.
Defendants may be found guilty under (2) if, between them, they perform all necessary elements of crime with awareness of what the others are doing; each defendant need not be present at scene of crime. Roehl v. State, 77 W (2d) 398, 253 NW (2d) 210.
Aiding-and-abetting theory and conspiracy theory discussed. State v. Charbarneau, 82 W (2d) 644, 264 NW (2d) 227.
Withdrawal under (2) (c) must be timely. Zelenka v. State, 83 W (2d) 601, 266 NW (2d) 279 (1978).
This section applies to all crimes except where legislative intent clearly indicates otherwise. State v. Tronca, 84 W (2d) 68, 267 NW (2d) 216 (1978).
Proof of a "stake in the venture" is not needed to convict under (2) (b). Krueger v. State, 84 W (2d) 272, 267 NW (2d) 602 (1978).
Multiple conspiracies discussed. Bergeron v. State, 85 W (2d) 595, 271 NW (2d) 386 (1978).
Jury need not unanimously agree whether defendant (1) directly committed crime, (2) aided and abetted its commission, or (3) conspired with another to commit it. Holland v. State, 91 W (2d) 134, 280 NW (2d) 288 (1979).
Aider and abettor who withdraws from conspiracy does not remove self from aiding and abetting. May v. State, 97 W (2d) 175, 293 NW (2d) 478 (1980).
Party to crime is guilty of that crime whether or not party intended that crime or had intent of its perpetrator. State v. Stanton, 106 W (2d) 172, 316 NW (2d) 134 (Ct. App. 1982.)
See note to 161.41, citing State v. Hecht, 116 W (2d) 605, 342 NW (2d) 721 (1984).
See note to 971.23, citing State v. Horenberger, 119 W (2d) 237, 349 NW (2d) 692 (1984).
Depending on facts of case, armed robbery can be natural and probable consequence of robbery. In such case, aider and abettor need not have had actual knowledge that principals would be armed. State v. Ivey, 119 W (2d) 591, 350 NW (2d) 622 (1984).
Sub. (1) (c) may be violated where defendant solicits second person to procure third person to commit crime. State v. Yee, 160 W (2d) 15, 465 NW (2d) 260 (Ct. App. 1990).
Individual officers are personally responsible for criminal acts committed in the name of a corporation. State v. Kuhn, 178 W (2d) 428, 504 NW (2d) 405 (Ct. App. 1993).
A defendant may be guilty of felony murder, party to a crime, where the defendant participates with an accomplice in a felony listed in s. 940.03 and the accomplice kills another. There is no requirement that the defendant have an intent to kill, or directly cause the death. State v. Rivera, 184 W (2d) 485, 516 NW (2d) 391 (1994), State v. Chambers, 183 W (2d) 316, 515 NW (2d) 531 (Ct. App. 1994), State v. Oimen, 184 W (2d) 423, 516 NW (2d) 399 (Ct. App. 1994).
Unanimity requirement was satisfied when jury unanimously found that accused participated in crime. Lampkins v. Gagnon, 710 F (2d) 374 (1983).
This section does not shift burden of proof. Prosecution need not specify which paragraph of (2) under which it intends to proceed. Madden v. Israel, 478 F Supp. 1234 (1979).
Liability for coconspirator's crimes in the Wisconsin party to a crime statute. 66 MLR 344 (1983).
Application of Gipson's unanimous verdict rationale to the Wisconsin party to a crime statute. 1980 WLR 597.
Wisconsin's party to a crime statute: The mens rea element under the aiding and abetting subsection, and the aiding and abetting-choate conspiracy distinction. 1984 WLR 769.
Common-law crimes abolished; common-law rules preserved.
Common-law crimes are abolished. The common-law rules of criminal law not in conflict with chs. 939
History: 1979 c. 89
; 1987 a. 332
A crime is 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 conduct or contributory negligence of victim no defense.
It is no defense to a prosecution for a crime that the victim also was guilty of a crime or was contributorily negligent.
Jury instruction that defrauded party had no duty to investigate fraudulent representations was correct. Lambert v. State, 73 W (2d) 590, 243 NW (2d) 524.
Provisions which apply only to chapters 939 to 951. Sections 939.22
apply only to crimes defined in chs. 939
.Other sections in ch. 939
apply to crimes defined in other chapters of the statutes as well as to those defined in chs. 939
Words and phrases defined.
In chs. 939
, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01
for purposes of ch. 948
"Airgun" means a weapon which expels a missile by the expansion of compressed air or other gas.