939.71 939.71 Limitation on the number of convictions. If an act forms the basis for a crime punishable under more than one statutory provision of this state or under a statutory provision of this state and the laws of another jurisdiction, a conviction or acquittal on the merits under one provision bars a subsequent prosecution under the other provision unless each provision requires proof of a fact for conviction which the other does not require.
939.71 Annotation Misdemeanor battery is an included crime of felony battery, but they are not the same offense. Acquittal on felony battery charges does not prevent subsequent prosecution for misdemeanor battery. State v. Vassos, 218 W (2d) 330, 579 NW (2d) 35 (1998).
939.72 939.72 No conviction of both inchoate and completed crime. A person shall not be convicted under both:
939.72(1) (1)Section 939.30, 948.35 or 948.36 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or
939.72(2) (2)Section 939.31 for conspiracy and s. 939.05 as a party to a crime which is the objective of the conspiracy; or
939.72(3) (3)Section 939.32 for attempt and the section defining the completed crime.
939.72 History History: 1991 a. 153.
939.72 Annotation Sub. (3) does not bar convictions for murder and attempted murder where defendant shot at one but killed another. Austin v. State, 86 W (2d) 213, 271 NW (2d) 668 (1978).
939.72 Annotation Sub. (3) does not bar convictions for possession of burglarious tools and burglary arising out of single transaction. Dumas v. State, 90 W (2d) 518, 280 NW (2d) 310 (Ct. App. 1979).
939.73 939.73 Criminal penalty permitted only on conviction. A penalty for the commission of a crime may be imposed only after the actor has been duly convicted in a court of competent jurisdiction.
939.74 939.74 Time limitations on prosecutions.
939.74(1) (1) Except as provided in sub. (2), and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed.
939.74(2) (2) Notwithstanding that the time limitation under sub. (1) has expired:
939.74(2)(a) (a) A prosecution under s. 940.01, 940.02 or 940.03 may be commenced at any time.
939.74(2)(b) (b) A prosecution for theft against one who obtained possession of the property lawfully and subsequently misappropriated it may be commenced within one year after discovery of the loss by the aggrieved party, but in no case shall this provision extend the time limitation in sub. (1) by more than 5 years.
939.74(2)(c) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before the victim reaches the age of 31 years or be barred.
939.74(2)(cm) (cm) A prosecution for violation of s. 948.03 (2) (b) or (c), (3) or (4), 948.04 or 948.07 (5) or (6) shall be commenced before the victim reaches the age of 26 years or be barred.
939.74(3) (3) In computing the time limited by this section, the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information has been filed.
939.74(4) (4) In computing the time limited by this section, the time during which an alleged victim under s. 940.22 (2) is unable to seek the issuance of a complaint under s. 968.02 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist shall not be included.
939.74 Annotation Plea of guilty admits facts charged but not the crime and therefore does not raise issue of statute of limitations. State v. Pohlhammer, 78 W (2d) 516, 254 NW (2d) 478.
939.74 Annotation See note to 971.08, citing State v. Pohlhammer, 82 W (2d) 1, 260 NW (2d) 678.
939.74 Annotation Sub. (3) tolls running of statute of limitation during period in which defendant was not state resident and violates neither privileges and immunities clause nor equal protection clause of U.S. constitution. State v. Sher, 149 W (2d) 1, 437 NW (2d) 878 (1989).
939.74 Annotation Person is not "publicly a resident within this state" under sub. (3) when living outside state but retaining state residence for voting and tax purposes. State v. Whitman, 160 W (2d) 260, 466 NW (2d) 193 (Ct. App. 1990).
939.74 Annotation An arrest warrant is issued for purposes of sub. (1) when it is signed by a judge with intent that it be executed and leaves the possession of the judge. That the warrant is never executed is irrelevant. State v. Mueller, 201 W (2d) 121, 549 NW (2d) 455 (Ct. App. 1996).
939.74 Annotation Plaintiff's allegations of defendant district attorney's bad faith presented no impediment to application of general principle prohibiting federal court interference with pending state prosecutions where the only factual assertion in support of claim was the district attorney's delay in completing prosecution, and there were no facts alleged which could support any conclusion other than that the district attorney had acted consistently with state statutes and constitution. Smith v. McCann, 381 F Supp. 1027.
939.75 939.75 Death or harm to an unborn child.
939.75(1) (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e), (1b) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) and (1b), "unborn child" means any individual of the human species from fertilization until birth that is gestating inside a woman.
939.75(2) (2)
939.75(2)(a)(a) In this subsection, "induced abortion" means the use of any instrument, medicine, drug or other substance or device in a medical procedure with the intent to terminate the pregnancy of a woman and with an intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.
939.75(2)(b)1. 1. An act committed during an induced abortion. This subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16 to an induced abortion.
939.75(2)(b)2. 2. An act that is committed in accordance with the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment performed by, or under the supervision of, a physician licensed under ch. 448.
939.75(2)(b)2h. 2h. An act by any health care provider, as defined in s. 155.01 (7), that is in accordance with a pregnant woman's power of attorney for health care instrument under ch. 155 or in accordance with a decision of a health care agent who is acting under a pregnant woman's power of attorney for health care instrument under ch. 155.
939.75(2)(b)3. 3. An act by a woman who is pregnant with an unborn child that results in the death of or great bodily harm, substantial bodily harm or bodily harm to that unborn child.
939.75(2)(b)4. 4. The prescription, dispensation or administration by any person lawfully authorized to do so and the use by a woman of any medicine, drug or device that is used as a method of birth control or is intended to prevent pregnancy.
939.75(3) (3) When the existence of an exception under sub. (2) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under s. 940.01 (1) (b), 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) or (1g) (c) or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24 (2) or 940.25 (1) (c) to (e).
939.75 History History: 1997 a. 295.
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?