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Wisconsin Crimes - Elements, Definitions, and Penalties

By Prof. David E. Schultz

2009 - approx. 250 pages, softbound. $30.  [Inquire about discounts for bulk purchases.]


The purpose of this book is to provide a concise reference specifying the elements of crimes defined in the Wisconsin Statutes and indicating the applicable penalty.  Its primary intended use is by judges in accepting pleas of guilty. But additional uses may include:

  • by judges and lawyers in evaluating the sufficiency of criminal complaints;
  • by law enforcement officers in making decisions about arrests and writing complete reports;
  • by prosecutors in evaluating charging decisions and preparing for entry of a guilty plea;
  • by defense counsel in advising clients regarding the plea decision and preparing for the entry of a guilty plea.

The book contains summaries of the elements of the vast majority of crimes set forth in the Criminal Code of Wisconsin, plus selected criminal traffic offenses and some non-Criminal Code offenses.   Almost all crimes for which there are published jury instructions are included, along with a few for which there are no standard instructions.

Each entry begins with a reference to the applicable published instruction and contains a list of the elements of the crime as set forth in that instruction.  The referenced instruction should be reviewed for additional information where necessary.   The penalty for each crime is specified by reference to its penalty class.  A chart showing the maximum sentences for each penalty class is provided in the first section of the book.  Notes accompany some entries, calling attention to special considerations applicable to that offense.  Each entry also includes, where applicable, reference to significant "collateral consequences" - identifying offenses that qualify as predicates for application of "persistent repeater" provisions ["Three Strikes" and "2 Strikes"], mandatory sex offender registration, Chapter 980 commitment, etc.

General definitions of terms used in the Criminal Code are also provided in the first section of the book.  When an element of a crime or a note uses that term, it appears in bold, indicating that a definition is provided.  Also included with the definitions are summaries of general matters like party to crime, attempt, defenses, etc.

The crimes are grouped according the chapter of the statutes in which they appear, organized by statute number.  The table of contents for each chapter is included, as it appears in the published statute book.

We plan to update the book every two years, at the end of the legislative session.  Thus, a new soft cover version would be available in the fall of even-numbered years.  The book will be available to judges in electronic form via CCAP. Providing the book in other formats will be explored.

SUMMARY OF CONTENTS

PART ONE

Criminal Penalties

Definitions and General Principles

PART TWO

Criminal Code Offenses

Chapter 940      Crimes Against Life And Bodily Security

Chapter 941      Crimes Against Public Health And Safety

Chapter 942      Crimes Against Reputation, Privacy And Civil Liberties 

Chapter 943      Crimes Against Property

Chapter 944      Crimes Against Sexual Morality

Chapter 945      Gambling

Chapter 946      Crimes Against Government And Its Administration

Chapter 947      Crimes Against Public Peace, Order And Other Interests

Chapter 948      Crimes Against Children

Chapter 951      Crimes Against Animals

PART THREE

Crimes Outside The Criminal Code

Motor Vehicle Code Offenses 

Definitions - Motor Vehicle Code

Chapter 342      Vehicle Title and Anti-Theft Law

Chapter 343      Operators' Licenses

Chapter 346      Rules Of The Road

Drug and Controlled Substance Offenses

Chapter 139      Beverages, Controlled Substances and Tobacco Taxes

Chapter 450      Pharmacy Examining Board Definitions and General Rules - Chapter 961

Chapter 961      Uniform Controlled Substances Act


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Last Updated: Friday, November 4, 2011 | Copyright © 1998-2013 The University of Wisconsin Board of Regents. All Rights Reserved.