Badger Lawyer's Public Health & Safety Chapter Listing
Click on a crime to see the statute and any comments the Badger might have.
941.01. Negligent operation of vehicle
941.10. Negligent handling of burning material
941.11. Unsafe burning of buildings
941.12. Interfering with fire fighting
941.13. False alarms
941.20. Endangering safety by use of dangerous weapon
941.21. Disarming a peace officer
941.23. Carrying concealed weapon
941.235. Carrying firearm in public building
941.237. Carrying handgun where alcohol beverages may be sold and consumed
941.24. Possession of switchblade knife
941.25. Manufacturer to register machine guns
941.26. Machine guns and other weapons; use in certain cases; penalty
941.28. Possession of short-barreled shotgun or short-barreled rifle
941.29. Possession of a firearm
941.291. Possession of body armor
941.295. Possession of electric weapon
941.296. Use or possession of a handgun and an armor-piercing bullet during crime
941.2965. Restrictions on use of facsimile firearms
941.297. Sale or distribution of imitation firearms
941.298. Firearm silencers
941.299. Restrictions on the use of laser pointers
941.30. Recklessly endangering safety
941.31. Possession of explosives
941.315. Possession, distribution or delivery of nitrous oxide
941.316. Abuse of hazardous substance
941.32. Administering dangerous or stupefying drug
941.325. Placing foreign objects in edibles
941.327. Tampering with household products
941.34. Fluoroscopic shoe-fitting machines
941.35. Emergency telephone calls
941.36. Fraudulent tapping of electric wires or gas or water meters or pipes
941.37. Obstructing emergency or rescue personnel
941.375. Throwing or discharging bodily fluids at public safety workers
941.38. Criminal gang member solicitation and contact
941.01. Negligent operation of vehicle
(1) Whoever endangers another's safety by a high degree of negligence in the operation of a vehicle, not upon a highway*, is guilty of a Class A misdemeanor.
Upon conviction, no revocation or suspension of an operator's license may follow.
*"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 and institutions under the jurisdiction of the county board of supervisors, but does not include private roads or driveways.
941.10. Negligent handling of burning material
(1) Whoever handles burning material in a highly negligent manner is guilty of a Class A misdemeanor.
(2) Burning material is handled in a highly negligent manner if handled with criminal negligence under s. 939.25 or under circumstances in which the person should realize that a substantial and unreasonable risk of serious damage to another's property is created.
941.11. Unsafe burning of buildings
Whoever does either of the following is guilty of a Class H felony:
(1) Intentionally burns his or her own building under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to another's property; or
(2) Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a 3rd person's property.
941.12. Interfering with fire fighting
(1) Whoever intentionally interferes with the proper functioning of a fire alarm system or the lawful efforts of fire fighters to extinguish a fire is guilty of a Class I felony.
(2) Whoever interferes with, tampers with or removes, without authorization, any fire extinguisher, fire hose or any other fire fighting equipment, is guilty of a Class A misdemeanor.
(3) Whoever interferes with accessibility to a fire hydrant by piling or dumping material near it without first obtaining permission from the appropriate municipal authority is guilty of a Class C misdemeanor. Every day during which the interference continues constitutes a separate offense.
Whoever intentionally gives a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise, is guilty of a Class A misdemeanor.
941.20. Endangering safety by use of dangerous weapon
Whoever does any of the following is guilty of a Class A misdemeanor:
- Endangers another's safety by the negligent operation or handling of a dangerous weapon; or
- Operates or goes armed with a firearm while he or she is under the influence of an intoxicant or drug (including presence of metabolytes, even if not intoxicated); or
- Intentionally points a firearm at or toward another.
- While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building.
- Whoever does any of the following is guilty of a Class G felony:
- Intentionally discharges a firearm into a vehicle or building under circumstances in which he or she should realize there might be a human being present therein; or
- Sets a spring gun.
941.21. Disarming a peace officer
Whoever intentionally disarms a peace officer who is acting in his or her official capacity by taking a dangerous weapon that the officer is carrying or that is in an area within the officer's immediate presence.
941.23. Carrying concealed weapon
Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.
941.235. Carrying firearm in public building
(1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
(2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building.
941.237. Carrying handgun where alcohol beverages may be sold and consumed
Whoever intentionally goes armed with a handgun on any premises for which a Class "B" license or permit has been issued is guilty of a Class A misdemeanor.
This does not apply to peace officers and the like.
941.24. Possession of switchblade knife
Whoever manufactures, sells or offers to sell, transports, purchases, possesses or goes armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement is guilty of a Class A misdemeanor.
941.25. Manufacturer to register machine guns
Every manufacturer shall keep a register of all machine guns manufactured or handled by him or her. This register shall show the model and serial number, date of manufacture, sale, loan, gift, delivery or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom it was received; and the purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given or delivered, or from whom received. Upon demand every manufacturer shall permit any marshal, sheriff or police officer to inspect his or her entire stock of machine guns, parts, and supplies therefor, and shall produce the register required under this section for inspection. Whoever violates any provision of this section is subject to a Class B forfeiture.
941.26. Machine guns and other weapons; use in certain cases; penalty
The following are felonies:
- No person may sell, possess, use or transport any machine gun or other full automatic firearm.
- No person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.
- No person may take a firearm that is not designed to shoot more than one shot, without manual reloading, by a single function of the trigger and modify the firearm so that it does shoot more than one shot, without manual reloading, by a single function of the trigger.
There are numerous variations on the above crimes contained within this statute, not all of which are mentioned here.
941.28. Possession of short-barreled shotgun or short-barreled rifle
No person may sell or offer to sell, transport, purchase, possess or go armed with a short-barreled shotgun or short-barreled rifle. Any person violating this section is guilty of a Class H felony.
"Short-barreled rifle" means a rifle having one or more barrels having a length of less than 16 inches measured from closed breech or bolt face to muzzle or a rifle having an overall length of less than 26 inches.
"Short-barreled shotgun" means a shotgun having one or more barrels having a length of less than 18 inches measured from closed breech or bolt face to muzzle or a shotgun having an overall length of less than 26 inches.
941.29. Possession of a firearm
A person is guilty of a Class G felony if he possesses a firearm after he was convicted of a felony in this state or a crime elsewhere that would be a felony if committed in this state, adjudicated delinquent for an act that if committed by an adult in this state would be a felony, found not guilty of a felony in this state by reason of mental disease or defect, or is otherwise enjoined or ordered not to possess a firearm.
This section does not apply to any person specified who has received a pardon with respect to the crime and has been expressly authorized to possess a firearm.
941.291. Possession of body armor
It is a Class D or E felony to possess body armor if any of the following applies:
- The person has been convicted of a violent felony and has not been pardoned for it.
- The person has been adjudicated delinquent for an act that if committed by an adult in this state would be a violent felony.
- The person has been found not guilty of a violent felony by reason of mental disease or defect.
A person who is otherwise prohibited from possessing body armor may request a complete or partial exemption if:
- The person has a reasonable need to possess body armor to ensure his or her personal safety, to earn a livelihood, or as a condition of employment, and
- The person is likely to use the body armor in a safe and lawful manner.
941.295. Possession of electric weapon
Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony. This law does not apply to police officers and the like.
941.296. Use or possession of a handgun and an armor-piercing bullet during crime
It is a Class H felony to commit a crime while armed with a handgun loaded with an armor-piercing bullet or a projectile or projectile core that may be fired from the handgun with a muzzle velocity of 1,500 feet per second or greater or the person possesses an armor-piercing bullet capable of being fired from the handgun.
941.2965. Restrictions on use of facsimile firearms
No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture. Law enforcement exceptions apply.
941.297. Sale or distribution of imitation firearms
No person may sell or distribute any look-alike firearm. Whoever violates Law enforcement exceptions apply.this subsection is subject to a Class A forfeiture. Law enforcement exceptions apply.
Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony. Law enforcement exceptions apply.
941.299. Restrictions on the use of laser pointers
No person may do any of the following:
(a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer , law enforcement officer, or commission warden without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer , law enforcement officer, or commission warden who is acting in an official capacity. This is a class B misdemeanor.
(b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being. This is a class B forfeiture.
(c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. This is a class B forfeiture.
(d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance. This is a class B forfeiture.
941.30. Recklessly endangering safety
(1) First-degree recklessly endangering safety. Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class F felony.
(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class G felony.
941.31. Possession of explosives
Whoever makes, buys, transports, possesses, or transfers any explosive compound or offers to do the same, either with intent to use such explosive to commit a crime or knowing that another intends to use it to commit a crime, is guilty of a Class F felony.
Whoever makes, buys, sells, transports, possesses, uses or transfers any improvised explosive device, or possesses materials or components with intent to assemble any improvised explosive device, is guilty of a Class H felony.
"Improvised explosive device" means a destructive explosive device capable of causing bodily harm, great bodily harm, death or property damage; with some type of explosive material and a means of detonating the explosive material, directly, remotely, or with a timer either present or readily capable of being inserted or attached; which may include a pipe or similar casing, with the ends of the pipe or casing capped, plugged or crimped, and a fuse or similar object sticking out of the pipe or casing; and made by a person not engaged in the legitimate manufacture or legitimate use of explosives, or otherwise authorized by law to do so. "Improvised explosive device" does not include ammunition for any rifle, pistol or shotgun.
941.315. Possession, distribution or delivery of nitrous oxide
Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Possesses nitrous oxide or a substance containing nitrous oxide with the intent to inhale the nitrous oxide.
(b) Intentionally or otherwise inhales nitrous oxide.
Whoever does any of the following is guilty of a Class H felony:
(a) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide to a person who has not attained the age of 21.
(b) Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide or a substance containing nitrous oxide to a person aged 21 years or older knowing or having reason to know that the person will use the nitrous oxide in violation of sub. (2).
(c) Distributes or delivers to a person aged 21 years or older any object used, designed for use or primarily intended for use in inhaling nitrous oxide at the same time that he or she distributes or delivers nitrous oxide or a substance containing nitrous oxide to the person.
This law does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician or dentist or at the direction or under the supervision of a physician or dentist. It also does not apply to the administration of nitrous oxide by a physician or dentist, or by another person at the direction or under the supervision of a physician or dentist, for the purpose of providing medical or dental care. Finally, it does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician or dentist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.
941.316. Abuse of hazardous substance
Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Possesses a hazardous substance with the intent to abuse the hazardous substance.
(b) Intentionally abuses a hazardous substance.
Whoever distributes, or possesses with intent to distribute, a hazardous substance, knowing or having reason to know that the hazardous substance will be abused, is guilty of a Class I felony.
941.32. Administering dangerous or stupefying drug
Whoever administers to another or causes another to take any poisonous, stupefying, overpowering, narcotic, or anesthetic substance with intent thereby to facilitate the commission of a crime is guilty of a Class F felony.
941.325. Placing foreign objects in edibles
Whoever places objects, drugs or other substances in candy or other liquid or solid edibles with the intent to cause bodily harm to another person is guilty of a Class I felony.
941.327. Tampering with household products
Whoever, with intent to kill, injure or otherwise endanger the health or safety of any person or to cause significant injury or damage to the business of any person or entity, does either of the following commits a felony:
1. Tampers with any household product and thereby taints the product.
2. Tampers with any household product or its container and thereby renders the labeling of the product or its container materially false or misleading.
Whoever intentionally imparts or conveys false information, knowing the information to be false, concerning an act or attempted act which, if true, would constitute a violation under this section is guilty of a Class I felony.
941.34. Fluoroscopic shoe-fitting machines
If you aren’t old enough to remember these, you aren’t going to believe it. Check it out:
What is a shoe fitting fluoroscope?
Here’s the law:
Whoever uses, or possesses or controls with intent to so use, any fluoroscopic or X-ray machine for the purpose of shoe-fitting or attempting to fit shoes, or who knowingly permits such machine, whether in use or not, to remain on his or her premises, is subject to a Class B forfeiture. Each day of such use, possession or control shall constitute a separate violation of this section.
941.35. Emergency telephone calls
Another blast from the past.
"Party line" means a subscriber's line telephone circuit, consisting of 2 or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.
Whoever intentionally refuses to yield or surrender the use of a party line to another person immediately upon being informed by such other person that he or she wants to report a fire or summon police, medical or other aid in case of emergency, is subject to a Class B forfeiture.
Whoever intentionally asks for or requests the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists, is subject to a Class B forfeiture.
941.36. Fraudulent tapping of electric wires or gas or water meters or pipes
Whoever, without permission and for the purpose of obtaining electrical current, gas or water with intent to defraud any vendor of electricity, gas or water by doing any of the following, is guilty of a Class C misdemeanor:
(a) Connects or causes to be connected by wire or any other device with the wire, cables or conductors of any such vendor.
(b) Connects or disconnects the meters, pipes or conduits of the vendor or in any other manner tampers or interferes with the meters, pipes or conduits, or connects with the meters, pipes or conduits by pipes, conduits or other instruments.
If there is tampering, the law presumes the person receiving the service did the tampering.
941.37. Obstructing emergency or rescue personnel
Any person who knowingly obstructs any emergency medical personnel in the performance of duties relating to an emergency or rescue is guilty of a Class A misdemeanor.
Any person who intentionally interferes with any emergency medical personnel in the performance of duties relating to an emergency or rescue and who has reasonable grounds to believe that the interference may endanger another's safety is guilty of a Class I felony.
Any person who contributes to the death of another by violation of this law is guilty of a Class E felony.
941.375. Throwing or discharging bodily fluids at public safety workers
Any person throws or expels blood, semen, vomit, saliva, urine, feces, or other bodily substance with the intent that it come into contact with and cause bodily harm to the public safety worker (without their consent) is guilty of a Class I felony.
941.38. Criminal gang member solicitation and contact
Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class I felony.
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