Badger Lawyer's Government & Administration Chapter Listing
Click on a crime to see the statute and any comments the Badger might have.
946.01. Treason
946.02. Sabotage
946.03. Sedition
946.06. Improper use of the flag
946.10. Bribery of public officers and employees
946.11. Special privileges from public utilities
946.12. Misconduct in public office
946.13. Private interest in public contract prohibited
946.14. Purchasing claims at less than full value
946.16. Judicial officer collecting claims
946.17. Corrupt means to influence legislation; disclosure of interest
946.31. Perjury
946.32. False swearing
946.40. Refusing to aid officer
946.41. Resisting or obstructing officer
946.415. Failure to comply with officer's attempt to take person into custody
946.42. Escape
946.425. Failure to report to jail
946.43. Assaults by prisoners
946.44. Assisting or permitting escape
946.45. Negligently allowing escape
946.46. Encouraging violation of probation, extended supervision or parole
946.465. Tampering with a global positioning system tracking device
946.47. Harboring or aiding felons
946.48. Kidnapped or missing persons; false information
946.49. Bail jumping
946.50. Absconding
946.60. Destruction of documents subject to subpoena
946.61. Bribery of witnesses
946.64. Communicating with jurors
946.65. Obstructing justice
946.66. False complaints of police misconduct
946.67. Compounding crime
946.68. Simulating legal process
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
946.79. False statements to financial institutions.
946.83. Prohibited activities
946.84. Penalties
946.85. Continuing criminal enterprise
Any person owing allegiance to this state who does any of the following is guilty of a Class A felony [same as murder]:
(a) Levies war against this state; or
(b) Adheres to the enemies of this state, giving them aid and comfort.
Whoever does any of the following is guilty of a Class F felony:
(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
(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.
Whoever does any of the following is guilty of a Class F felony:
(a) Attempts the overthrow of the government of the United States or this state by the use or threat of physical violence; or
(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
(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
(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.
946.06. Improper use of the flag
Whoever intentionally does any of the following is guilty of a Class A misdemeanor:
(a) Places on or attaches to the flag any work, mark, design, or advertisement not properly a part of such flag; or
(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
(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
(d) Uses the flag for commercial advertising purposes.
946.10. Bribery of public officers and employees
Whoever does either of the following is guilty of a Class H felony:
(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
(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.
946.11. Special privileges from public utilities
Whoever does the following is guilty of a Class I felony:
(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
(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
(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
(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.
946.12. Misconduct in public office
Any public officer or public employee who does any of the following is guilty of a Class I felony:
(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
(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
(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
(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
(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.
946.13. Private interest in public contract prohibited
Any public officer or public employee who does any of the following is guilty of a Class I felony:
(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
(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.
946.14. Purchasing claims at less than full value
Any public officer or public employee who in a private capacity directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision thereof or against any public fund is guilty of a Class I felony.
946.16. Judicial officer collecting claims
Any judicial officer who causes to be brought in a court over which the officer presides any action or proceeding upon a claim placed with the officer as agent or attorney for collection is guilty of a Class B misdemeanor.
946.17. Corrupt means to influence legislation; disclosure of interest
Any person who gives or agrees or offers to give anything of value to any person, for the service of such person or of any other person in procuring the passage or defeat of any measure before the legislature or before either house or any committee thereof, upon the contingency or condition of the passage or defeat of the measure, or who receives, or agrees to receive anything of value for such service, upon any such contingency or condition, or who, having a pecuniary or other interest, or acting as the agent or attorney of any person in procuring or attempting to procure the passage or defeat of any measure before the legislature or before either house or any committee thereof, attempts in any manner to influence any member of the legislature for or against the measure, without first making known to the member the real and true interest he or she has in the measure, either personally or as such agent or attorney, is guilty of a class A misdemeanor.
Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, whether legally constituted or exercising powers as if legally constituted, is guilty of a Class H felony.
Whoever does either of the following is guilty of a Class H felony:
(a) Under oath or affirmation makes or subscribes a false statement which he or she does not believe is true, when such oath or affirmation is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.
(b) Makes or subscribes 2 inconsistent statements under oath or affirmation in regard to any matter respecting which an oath or affirmation is, in each case, authorized or required by law or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, under circumstances which demonstrate that the witness or subscriber knew at least one of the statements to be false when made. The period of limitations within which prosecution may be commenced runs from the time of the first statement.
Whoever under oath or affirmation makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.
946.40. Refusing to aid officer
Whoever, without reasonable excuse, refuses or fails, upon command, to aid any person known by the person to be a peace officer is guilty of a Class C misdemeanor.
946.41. Resisting or obstructing officer
Whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority, is guilty of a Class A misdemeanor.
Whoever violates the above under all of the following circumstances is guilty of a Class H felony:
(a) The violator gives false information or places physical evidence with intent to mislead an officer.
(b) At a criminal trial, the trier of fact considers the false information or physical evidence.
(c) The trial results in the conviction of an innocent person.
946.415. Failure to comply with officer's attempt to take person into custody
Whoever intentionally does all of the following is guilty of a Class I felony:
(a) Refuses to comply with an officer's lawful attempt to take him or her into custody.
(b) Retreats or remains in a building or place and, through action or threat, attempts to prevent the officer from taking him or her into custody.
(c) Remains or becomes armed with a dangerous weapon or threatens to use a dangerous weapon regardless of whether he or she has a dangerous weapon.
A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class A misdemeanor:
(a) Pursuant to a legal arrest for or lawfully charged with or convicted of a violation of a statutory traffic regulation, a statutory offense for which the penalty is a forfeiture or a municipal ordinance.
(b) Lawfully taken into custody for a violation of a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.
(c) Pursuant to a civil arrest.
A person who is in the custody of a probation, parole, or extended supervision agent, or a correctional officer, based on an allegation or a finding that the person violated the rules or conditions of probation, parole, or extended supervision and who intentionally escapes from custody is guilty of a Class H felony.
A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class H felony:
- Pursuant to a legal arrest for, lawfully charged with or convicted of or sentenced for a crime.
- Lawfully taken into custody for or a violation of a criminal law.
- Pursuant to a legal arrest as a fugitive from justice in another state.
A person who intentionally escapes from custody under any of the following circumstances is guilty of a Class F felony:
- While subject to a detention.
- While subject to an order committing the person to custody of the department of health services, regardless of whether the person is placed in institutional care or on supervised release.
If a person is convicted of an escape under this section, the maximum term of imprisonment for the escape may be increased by not more than 5 years if an individual who had custody of the person who escaped is injured during the course of the escape.
946.425. Failure to report to jail
Any person who is subject to a period of imprisonment and who intentionally fails to report to the county jail as required is guilty of a Class H felony.
Any person who receives a stay of execution of a sentence of imprisonment of less than 10 days to a county jail and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class A misdemeanor.
Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class H felony.
Any person who is subject to a confinement order as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.
Any person who is subject to a confinement order as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class H felony.
Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class F felony:
(a) Places an officer, employee, visitor or another inmate of such prison or institution in apprehension of an immediate battery likely to cause death or great bodily harm; or
(b) Confines or restrains an officer, employee, visitor or another inmate of such prison or institution without the person's consent.
Any prisoner confined to a state prison or other state, county or municipal detention facility who throws or expels blood, semen, vomit, saliva, urine, feces or other bodily substance at or toward an officer, employee or visitor of the prison or facility or another prisoner of the prison or facility under all of the following circumstances is guilty of a Class I felony:
1. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent that it come into contact with the officer, employee, visitor or other prisoner.
2. The prisoner throws or expels the blood, semen, vomit, saliva, urine, feces or other bodily substance with the intent either to cause bodily harm to the officer, employee, visitor or other prisoner or to abuse, harass, offend, intimidate or frighten the officer, employee, visitor or other prisoner.
3. The officer, employee, visitor or other prisoner does not consent to the blood, semen, vomit, saliva, urine, feces or other bodily substance being thrown or expelled at or toward him or her.
(b) A court shall impose a sentence for a violation of par. (a) consecutive to any sentence previously imposed or which may be imposed for any crime or offense for which the person was in custody when he or she committed the violation of par. (a).
946.44. Assisting or permitting escape
Whoever does the following is guilty of a Class H felony:
(a) Any officer or employee of an institution where prisoners are detained who intentionally permits a prisoner in the officer's or employee's custody to escape; or
(b) Whoever with intent to aid any prisoner to escape from custody introduces into the institution where the prisoner is detained or transfers to the prisoner anything adapted or useful in making an escape.
Whoever intentionally introduces into an institution where prisoners are detained or transfers to a prisoner any firearm, whether loaded or unloaded, or any article used or fashioned in a manner to lead another person to believe it is a firearm, is guilty of a Class F felony.
946.45. Negligently allowing escape
Any officer or employee of an institution where prisoners are detained who, through his or her neglect of duty, allows a prisoner in his or her custody to escape is guilty of a Class B misdemeanor.
946.46. Encouraging violation of probation, extended supervision or parole
Whoever intentionally aids or encourages a parolee, probationer or person on extended supervision or any person committed to the custody or supervision of the department of corrections to abscond or violate a term or condition of parole, extended supervision or probation is guilty of a Class A misdemeanor.
946.465. Tampering with a global positioning system tracking device
Whoever, without the authorization of the department of corrections, intentionally tampers with, or blocks, diffuses, or prevents the clear reception of, a signal transmitted by, a global positioning system tracking device is guilty of a Class I felony.
946.47. Harboring or aiding felons
Whoever does either of the following is guilty of a Class I felony:
(a) With intent to prevent the apprehension of a felon, harbors or aids him or her; or
(b) With intent to prevent the apprehension, prosecution or conviction of a felon, destroys, alters, hides, or disguises physical evidence or places false evidence.
946.48. Kidnapped or missing persons; false information
Whoever sends, delivers, or causes to be transmitted to another any written or oral communication with intent to induce a false belief that the sender has knowledge of the whereabouts, physical condition, or terms imposed upon the return of a kidnapped or missing person is guilty of a Class H felony.
Whoever, having been released from custody intentionally fails to comply with the terms of his or her bond is guilty of a Class A misdemeanor if the charge he was released on was a misdemeanore, or a Class I felony if the charge he was released on was a felony.
Any person who is adjudicated delinquent, but who intentionally fails to appear before the court for his dispositional hearing, and who does not return to that court for a dispositional hearing before attaining the age of 17 years is guilty of the same class of felony as the crime would be if committed by an adult.
946.60. Destruction of documents subject to subpoena
Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class I felony.
946.61. Bribery of witnesses
Whoever does any of the following is guilty of a Class H felony:
(a) With intent to induce another to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee or administrative agency authorized by statute to determine issues of fact, transfers to him or her or on his or her behalf, any property or any pecuniary advantage.
(b) Accepts any property or any pecuniary advantage, knowing that such property or pecuniary advantage was transferred to him or her or on his or her behalf with intent to induce him or her to refrain from giving evidence or testifying in any civil or criminal matter before any court, judge, grand jury, magistrate, court commissioner, referee, or administrative agency authorized by statute to determine issues of fact.
946.64. Communicating with jurors
Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class I felony.
Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class I felony.
946.66. False complaints of police misconduct
Whoever knowingly makes a false complaint regarding the conduct of a law enforcement officer is subject to a Class A forfeiture.
Whoever receives any property in return for a promise, express or implied, to refrain from prosecuting a crime or to refrain from giving information bearing on the probable success of a criminal prosecution is guilty of a Class A misdemeanor.
946.68. Simulating legal process
Whoever sends or delivers to another any document which simulates legal process is guilty of a Class I felony.
If the document is sent or delivered with intent to induce payment of a claim, the person is guilty of a Class H felony.
If the document simulates any criminal process, the person is guilty of a Class H felony.
946.69. Falsely assuming to act as a public officer or employee or a utility employee
Whoever does any of the following is guilty of a Class I felony:
(a) Assumes to act in an official capacity or to perform an official function, knowing that he or she is not the public officer or public employee or the employee of a utility that he or she assumes to be.
(b) Exercises any function of a public office, knowing that he or she has not qualified so to act or that his or her right so to act has ceased.
946.70. Impersonating peace officers
Whoever impersonates a peace officer with intent to mislead others into believing that the person is actually a peace officer is guilty of a Class A misdemeanor. It is a Class H felony to violate this statute with the intent to commit or aid or abet the commission of a separate crime.
946.72. Tampering with public records and notices
Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class H felony.
Whoever intentionally damages, alters, removes or conceals any public notice, posted as authorized by law, before the expiration of the time for which the notice was posted, is guilty of a Class B misdemeanor.
946.73. Penalty for violating laws governing state or county institutions
Whoever violates any state law or any lawful rule made pursuant to state law governing state fair park or any state or county charitable, curative, reformatory, or penal institution while within the same or the grounds thereof is guilty of a Class C misdemeanor.
946.74. Aiding escape from mental institutions
Whoever intentionally does or attempts to do any of the following is guilty of a Class A misdemeanor:
(a) Aids any person committed to an institution for the care of the mentally ill, infirm or deficient to escape therefrom.
(b) Introduces into any institution for the care of the mentally ill, infirm or deficient, or transfers to any person committed to such institution, anything adapted or useful in making an escape therefrom, with intent to aid any person to escape.
(c) Removes from any institution for the care of the mentally ill, infirm or deficient any person committed thereto.
Whoever violates this statute with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class H felony.
946.75. Denial of right of counsel
Whoever, while holding another person in custody and if that person requests a named attorney, denies that other person the right to consult and be advised by an attorney at law at personal expense, whether or not such person is charged with a crime, is guilty of a Class A misdemeanor.
946.76. Search warrant; premature disclosure
Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class I felony.
946.79. False statements to financial institutions.
Whoever knowingly does any of the following in connection with the submission of financial transaction information is guilty of a Class H felony:
(a) Falsifies or conceals or attempts to falsify or conceal an individual's identity.
(b) Makes a false statement regarding an individual's identity.
(c) Makes or uses a writing containing false information regarding an individual's identity.
(d) Uses a false personal identification document or false personal identifying information.
No person who has received any proceeds with knowledge that they were derived, directly or indirectly, from a pattern of racketeering activity may use or invest, whether directly or indirectly, any part of the proceeds or the proceeds derived from the investment or use thereof in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
No person, through a pattern of racketeering activity, may acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
No person employed by, or associated with, any enterprise may conduct or participate, directly or indirectly, in the enterprise through a pattern of racketeering activity.
Any person convicted of engaging in racketeering activity in violation of s. 946.83 is guilty of a Class E felony.
946.85. Continuing criminal enterprise
Any person who engages in a continuing criminal enterprise is guilty of a Class E felony.
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