946.69 Falsely assuming to act as a public officer or employee or a utility employee.
946.70 Impersonating peace officers.
946.72 Tampering with public records and notices.
946.73 Penalty for violating laws governing state or county institutions.
946.74 Aiding escape from mental institutions.
946.75 Denial of right of counsel.
946.76 Search warrant; premature disclosure.
RACKETEERING ACTIVITY AND CONTINUING CRIMINAL ENTERPRISE.
946.83 Prohibited activities.
946.85 Continuing criminal enterprise.
946.86 Criminal forfeitures.
946.88 Enforcement and jurisdiction.
TREASON AND DISLOYAL ACTS.
946.01(1)(1) Any person owing allegiance to this state who does any of the following is guilty of a Class A felony:
946.01(1)(b)
(b) Adheres to the enemies of this state, giving them aid and comfort.
946.01(2)
(2) No person may be convicted of treason except on the testimony of 2 witnesses to the same overt act, or on the person's confession in open court.
946.01 History
History: 1977 c. 173;
1993 a. 486.
946.02(1)(1) Whoever does any of the following is guilty of a Class C felony:
946.02(1)(a)
(a) Intentionally damages, interferes with, or tampers with any property with reasonable grounds to believe that his or her act will hinder, delay, or interfere with the prosecution of war or other military action or the preparation for defense, war, or other military action by the United States or its allies; or
946.02(1)(b)
(b) Intentionally makes a defective article or on inspection omits to note any defect in an article with reasonable grounds to believe that such article is intended to be used in the prosecution of war or other military action or the preparation for defense, war, or other military action by the United States or its allies.
946.02(2)
(2) Nothing in this section shall be construed to impair, curtail, or destroy the rights of employees and their representatives to self-organization, to form, join or assist labor organization, to strike, to bargain collectively through representatives of their own choosing, or to engage in lawful concerted activities for the purpose of collective bargaining or other mutual aid or protection under any state or federal statutes regulating labor relations.
946.02 History
History: 1977 c. 173;
1993 a. 486.
946.03(1)(1) Whoever does any of the following is guilty of a Class C felony:
946.03(1)(a)
(a) Attempts the overthrow of the government of the United States or this state by the use or threat of physical violence; or
946.03(1)(b)
(b) Is a party to a conspiracy with or a solicitation of another to overthrow the government of the United States or this state by the use or threat of physical violence; or
946.03(1)(c)
(c) Advocates or teaches the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown; or
946.03(1)(d)
(d) Organizes or assists in the organization of an assembly with knowledge that the purpose of the assembly is to advocate or teach the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown.
946.03(2)
(2) Whoever permits any premises under his or her care, control or supervision to be used by an assembly with knowledge that the purpose of the assembly is to advocate or teach the duty, necessity, desirability or propriety of overthrowing the government of the United States or this state by the use or threat of physical violence with intent that such government be overthrown or, after learning that the premises are being so used, permits such use to be continued is guilty of a Class E felony.
946.03 History
History: 1977 c. 173.
946.05
946.05
Flag desecration. 946.05(1)(1) Whoever intentionally and publicly mutilates, defiles, or casts contempt upon the flag is guilty of a Class E felony.
946.05(2)
(2) In this section "flag" means anything which is or purports to be the Stars and Stripes, the United States shield, the United States coat of arms, the Wisconsin state flag, or a copy, picture, or representation of any of them.
946.05 Note
NOTE: This section was held to be unconstitutionally overbroad by the Supreme Court in State v. Janssen,
218 Wis. 2d 362,
580 N.W.2d 362 (1998).
946.05 History
History: 1977 c. 173.
946.05 Annotation
946.06
946.06
Improper use of the flag. 946.06(1)
(1) Whoever intentionally does any of the following is guilty of a Class A misdemeanor:
946.06(1)(a)
(a) Places on or attaches to the flag any word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(b)
(b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly a part of such flag; or
946.06(1)(c)
(c) Manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or
946.06(1)(d)
(d) Uses the flag for commercial advertising purposes.
946.06(2)
(2) This section does not apply to flags depicted on written or printed documents or periodicals or on stationery, ornaments, pictures, or jewelry, provided there are no unauthorized words or designs on such flag and provided the flag is not connected with any advertisement.
946.06(3)
(3) In this section "flag" has the meaning designated in
s. 946.05.
946.06 History
History: 1977 c. 173.
946.06 Annotation
A flag misuse statute was unconstitutional as applied to a flag hung upside down with peace symbol affixed where the context imbued the display with protected elements of communication. Spence v. State of Washington,
418 U.S. 405.
946.06 Annotation
The Washington flag desecration statute held unconstitutional in Spence, when applied to a mere display of an altered flag in the absence of a disturbance of the peace, was identical in all essential ways to this section. Koser v. County of Price,
834 F. Supp. 305 (1993).
BRIBERY AND OFFICIAL MISCONDUCT.
946.10
946.10
Bribery of public officers and employees. Whoever does either of the following is guilty of a Class D felony:
946.10(1)
(1) Whoever, with intent to influence the conduct of any public officer or public employee in relation to any matter which by law is pending or might come before the officer or employee in the officer's or employee's capacity as such officer or employee or with intent to induce the officer or employee to do or omit to do any act in violation of the officer's or employee's lawful duty transfers or promises to the officer or employee or on the officer's or employee's behalf any property or any personal advantage which the officer or employee is not authorized to receive; or
946.10(2)
(2) Any public officer or public employee who directly or indirectly accepts or offers to accept any property or any personal advantage, which the officer or employee is not authorized to receive, pursuant to an understanding that the officer or employee will act in a certain manner in relation to any matter which by law is pending or might come before the officer or employee in the officer's or employee's capacity as such officer or employee or that the officer or employee will do or omit to do any act in violation of the officer's or employee's lawful duty.
946.10 History
History: 1977 c. 173;
1993 a. 486.
946.10 Annotation
Circumstantial evidence supported an inference that the defendant intended to influence a public official's actions. State v. Rosenfeld,
93 Wis. 2d 325,
286 N.W.2d 596 (1980).
946.11
946.11
Special privileges from public utilities. 946.11(1)
(1) Whoever does the following is guilty of a Class E felony:
946.11(1)(a)
(a) Whoever offers or gives for any purpose to any public officer or to any person at the request or for the advantage of such officer any free pass or frank, or any privilege withheld from any person, for the traveling accommodation or transportation of any person or property or for the transmission of any message or communication; or
946.11(1)(b)
(b) Any public officer who asks for or accepts from any person or uses in any manner or for any purpose any free pass or frank, or any privilege withheld from any person for the traveling accommodation or transportation of any person or property or for the transmission of any message or communication; or
946.11(1)(c)
(c) Any public utility or agent or officer thereof who offers or gives for any purpose to any public officer or to any person at the request or for the advantage of such officer, any frank or any privilege withheld from any person for any product or service produced, transmitted, delivered, furnished or rendered or to be produced, transmitted, delivered, furnished or rendered by any public utility, or any free product or service whatsoever; or
946.11(1)(d)
(d) Any public officer who asks for or accepts or uses in any manner or for any purpose any frank or privilege withheld from any person for any product or service produced, transmitted, delivered, furnished or rendered by any public utility.
946.11(2)(a)
(a) "Free pass" means any form of ticket or mileage entitling the holder to travel over any part of a railroad or other public transportation system and issued to the holder as a gift or in consideration or partial consideration of any service performed or to be performed by such holder, except that it does not include such ticket or mileage when issued to an employee of the railroad or public transportation system pursuant to a contract of employment and not in excess of the transportation rights of other employees of the same class and seniority, nor does it include free transportation to police officers or fire fighters when on duty;
946.11(3)
(3) This section does not apply to notaries public and regular employees or pensioners of a railroad or other public utility who hold public offices for which the annual compensation is not more than $300 to whom no passes or privileges are extended beyond those which are extended to other regular employees or pensioners of such corporation.
946.12
946.12
Misconduct in public office. Any public officer or public employee who does any of the following is guilty of a Class E felony:
946.12(1)
(1) Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law; or
946.12(2)
(2) In the officer's or employee's capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity; or
946.12(3)
(3) Whether by act of commission or omission, in the officer's or employee's capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or
946.12(4)
(4) In the officer's or employee's capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report or statement which in a material respect the officer or employee intentionally falsifies; or
946.12(5)
(5) Under color of the officer's or employee's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employee knows is greater or less than is fixed by law.
946.12 History
History: 1977 c. 173;
1993 a. 486.
946.12 Annotation
Sub. (5) prohibits misconduct in public office with constitutional specificity. Ryan v. State,
79 Wis. 2d 83,
255 N.W.2d 910.
946.12 Annotation
Sub. (3) applies to a corrupt act under color of office and under de facto powers conferred by practice and usage. A person not a public officer may be charged with party to the crime of official misconduct. State v. Tronca,
84 Wis. 2d 68,
267 N.W.2d 216 (1978).
946.12 Annotation
An on-duty prison guard did not violate sub. (2) by fornicating with a prisoner in a cell. State v. Schmit,
115 Wis. 2d 657,
340 N.W.2d 752 (Ct. App. 1983).
946.13
946.13
Private interest in public contract prohibited. 946.13(1)(1) Any public officer or public employee who does any of the following is guilty of a Class E felony:
946.13(1)(a)
(a) In the officer's or employee's private capacity, negotiates or bids for or enters into a contract in which the officer or employee has a private pecuniary interest, direct or indirect, if at the same time the officer or employee is authorized or required by law to participate in the officer's or employee's capacity as such officer or employee in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on the officer's or employee's part; or
946.13(1)(b)
(b) In the officer's or employee's capacity as such officer or employee, participates in the making of a contract in which the officer or employee has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on the officer's or employee's part.
