Gang-Related Legislation by State Index

Wisconsin

Carjacking (view all states for this subject)

Wisconsin § 943.23. Operating Vehicle Without Owner's Consent

(1) In this section:

(a) “Drive” means the exercise of physical control over the speed and direction of a vehicle while it is in motion.

(b) “Major part of a vehicle” means any of the following:

1. The engine.

2. The transmission.

3. Each door allowing entrance to or egress from the passenger compartment.

4. The hood.

5. The grille.

6. Each bumper.

7. Each front fender.

8. The deck lid, tailgate or hatchback.

9. Each rear quarter panel.

10. The trunk floor pan.

11. The frame or, in the case of a unitized body, the supporting structure which serves as the frame.

12. Any part not listed under subds. 1. to 11. which has a value exceeding $500.

(c) “Operate” includes the physical manipulation or activation of any of the controls of a vehicle necessary to put it in motion.

(1g) Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class C felony.

(2) Except as provided in sub. (3m), whoever intentionally takes and drives any vehicle without the consent of the owner is guilty of a Class H felony.

(3) Except as provided in sub. (3m), whoever intentionally drives or operates any vehicle without the consent of the owner is guilty of a Class I felony.

(3m) It is an affirmative defense to a prosecution for a violation of sub. (2) or (3) if the defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner. An affirmative defense under this subsection mitigates the offense to a Class A misdemeanor. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.

(4m) Whoever knows that the owner does not consent to the driving or operation of a vehicle and intentionally accompanies, as a passenger in the vehicle, a person while he or she violates sub. (1g), (2), (3), or (3m) is guilty of a Class A misdemeanor.

(5) Whoever intentionally removes a major part of a vehicle without the consent of the owner is guilty of a Class I felony. Whoever intentionally removes any other part or component of a vehicle without the consent of the owner is guilty of a Class A misdemeanor.

Gang Prevention (view all states for this subject)

Wisconsin § 165.987. Youth Diversion Programs; Grant Program

(1)From the appropriations under s. 20.455(2)(cr) and (kj), the Department of Justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

(3) From the appropriations under s. 20.455(2)(cr) and (kj), the Department of Justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455(2)(kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265(3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

Gang Recruitment, Threats, Intimidation (view all states for this subject)

Wisconsin § 941.38. Criminal Gang Member Solicitation and Contact

(1) In this section:

(a) "Child" means a person who has not attained the age of 18 years.

(b) "Criminal gang activity" means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of, or in association with any criminal gang, with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members:

1. Manufacture, distribution, or delivery of a controlled substance or controlled substance analog, as prohibited in Section 961.41 (1).

2. First-degree intentional homicide, as prohibited in Section 940.01.

3. Second-degree intentional homicide, as prohibited in Section 940.05.

4. Battery, as prohibited in Section 940.19 or 940.195.

5. Battery, special circumstances, as prohibited in Section 940.20.

5m. Battery or threat to witness, as prohibited in Section 940.201.

6. Mayhem, as prohibited in Section 940.21.

7. Sexual assault, as prohibited in Section 940.225.

8. False imprisonment, as prohibited in Section 940.30.

9. Taking hostages, as prohibited in Section 940.305.

10. Kidnapping, as prohibited in Section 940.31.

11. Intimidation of witnesses, as prohibited in Section 940.42 or 940.43.

12. Intimidation of victims, as prohibited in Section 940.44 or 940.45.

13. Criminal damage to property, as prohibited in Section 943.01.

13m. Criminal damage to or threat to criminally damage the property of a witness, as prohibited in Section 943.011 or 943.017 (2m).

14. Arson of buildings or damage by explosives, as prohibited in Section 943.02.

15. Burglary, as prohibited in Section 943.10.

16. Theft, as prohibited in Section 943.20.

17. Taking, driving, or operating a vehicle, or removing a part or component of a vehicle, without the owners consent, as prohibited in Section 943.23.

18. Robbery, as prohibited in Section 943.32.

19. Sexual assault of a child, as prohibited in Section 948.02.

20. Repeated acts of sexual assault of the same child, as prohibited in Section 948.025.

21. A crime under s. 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, or 943.90 or, if the victim is a financial institution, as defined in s. 943.80(2), a crime under s. 943.84(1) or (2).

21m. Sexual assault of a child placed in substitute care under s. 948.085.

(2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class I felony.

(3) Whoever intentionally violates, under all of the following circumstances, a court order to refrain from contacting a criminal gang member is guilty of a Class A misdemeanor:

(a) The court finds that the person who is subject to the court order is a criminal gang member.

(b) The court informs the person of the contact restriction orally and in writing.

(c) The order specifies how long the contact restriction stays in effect.

Gang-Related Civil Causes of Action (view all states for this subject)

Wisconsin § 895.444. Injury Caused by Criminal Gang Activity; Action For

(1) DEFINITIONS.

In this section:

(a) "Criminal gang" has the meaning given in s. 939.22 (9).

(b) "Criminal gang activity" has the meaning given in s. 941.38 (1) (b).

(c) "Political subdivision" means a city, village, town, or county.

(2) CIVIL CAUSE OF ACTION.

(a) The state, a school district, or a political subdivision may bring an action in circuit court for any expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources if the expenditure of money by the state, a school district, or a political subdivision is the result of criminal gang activity.

(b) Any person who suffers physical injury or incurs property damage or loss resulting from any criminal gang activity has a cause of action for the actual damages sustained. The burden of proof in a civil action under this paragraph rests with the person who suffers the physical injury or property damage or loss to prove his or her case by a preponderance of the credible evidence.

(c) The action may be brought against the criminal gang or against any member, leader, officer, or organizer of a criminal gang who participates in a criminal gang activity or who authorizes, causes, orders, ratifies, requests, or suggests a criminal gang activity. An action brought under this subsection shall also name as defendants the criminal gang and any criminal gang members who participated in the criminal gang activity. An action brought under this subsection may name, as a class of defendants, all unknown criminal gang members.

(d) The plaintiff may bring a civil action under this subsection regardless of whether there has been a criminal action related to the injury, property damage, or loss or expenditure of money under par. (a) or (b) and regardless of the outcome of that criminal action.

(3) SERVICE OF PROCESS.

A summons may be served individually upon any member, leader, officer, or organizer of a criminal gang by service as provided under s. 801.11 (1), (2), (5) or (6) where the claim sued upon arises out of or relates to criminal gang activity within this state sufficient to subject a defendant to personal jurisdiction under s. 801.05 (2) to (10). A judgment rendered after service under this subsection is a binding adjudication against the criminal gang.

(4) INJUNCTIVE RELIEF, DAMAGES, COSTS, AND FEES.

(a) The court, upon the request of the state, a school district, or a political subdivision, may grant an injunction restraining an individual from committing an act that would injure the state, a school district, or a political subdivision or may order such other relief as the court determines is proper.

(b) The court may order a criminal gang member to divest himself or herself of any interest or involvement in any criminal gang activity and may restrict a criminal gang member from engaging in any future criminal gang activity.

(c) In addition to the costs allowed under s. 814.04, a final judgment in an action under sub. (2) (a) in favor of the plaintiff shall include compensatory damages for the expenditure of money for the allocation or reallocation of law enforcement, fire fighting, emergency, or other personnel or resources caused by the criminal gang activity and compensation for the costs of the investigation and prosecution and reasonable attorney fees.

(d) In addition to the costs allowed under s. 814.04, a final judgment in an action under sub. (2) (b) in favor of the plaintiff shall include attorney fees and the costs of the investigation and litigation.

(e) The final judgment in favor of the plaintiff in an action under sub. (2) (a) or (b) may include punitive damages assessed against a criminal gang leader, officer, organizer, or member who is found to have participated in criminal gang activity.

Gang-Related Definitions (view all states for this subject)

Wisconsin § 939.22. Words and Phrases Defined

In chs. 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01 for purposes of ch. 948:

(9) "Criminal gang" means an ongoing organization, association or group of 3 or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult, specified in s. 939.22 (21) (a) to (s); that has a common name or a common identifying sign or symbol; and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

(9g) "Criminal gang member" means any person who participates in criminal gang activity, as defined in s. 941.38 (1) (b), with a criminal gang.

(21) "Pattern of criminal gang activity" means the commission of, attempt to commit or solicitation to commit 2 or more of the following crimes, or acts that would be crimes if the actor were an adult, at least one of those acts or crimes occurs after December 25, 1993, the last of those acts or crimes occurred within 3 years after a prior act or crime, and the acts or crimes are committed, attempted or solicited on separate occasions or by 2 or more persons:(a) Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 961.41 (1) (b) First-degree intentional homicide, as prohibited in s. 940.01 (c) Second-degree intentional homicide, as prohibited in s. 940.05 (d) Battery, as prohibited in s. 940.19 or 940.195 (e) Battery, special circumstances, as prohibited in s. 940.20 (em) Battery or threat to witness, as prohibited in s. 940.201 (f) Mayhem, as prohibited in s. 940.21 (g) Sexual assault, as prohibited in s. 940.225 (h) False imprisonment, as prohibited in s. 940.30 (i) Taking hostages, as prohibited in s. 940.305 (j) Kidnapping, as prohibited in s. 940.31 (k) Intimidation of witnesses, as prohibited in s. 940.42 or 940.43 (L) Intimidation of victims, as prohibited in s. 940.44 or 940.45 (m) Criminal damage to property, as prohibited in s. 943.01 (mg) Criminal damage to or threat to criminally damage the property of a witness, as prohibited in s. 943.011 or 943.017 (2m) (n) Arson of buildings or damage by explosives, as prohibited in s. 943.02 (o) Burglary, as prohibited in s. 943.10 (p) Theft, as prohibited in s. 943.20 (q) Taking, driving or operating a vehicle, or removing a part or component of a vehicle, without the owners consent, as prohibited in s. 943.23 (r) Robbery, as prohibited in s. 943.32 (s) Sexual assault of a child, as prohibited in s. 948.02 (t) Repeated acts of sexual assault of the same child, as prohibited in s. 948.025 (u) Sexual assault of a child placed in substitute care under s. 948.085.

Wisconsin § 941.38. Criminal Gang Member Solicitation and Contact

(1) In this section:

(a) "Child" means a person who has not attained the age of 18 years.

(b) "Criminal gang activity" means the commission of, attempt to commit or solicitation to commit one or more of the following crimes, or acts that would be crimes if the actor were an adult, committed for the benefit of, at the direction of, or in association with any criminal gang, with the specific intent to promote, further, or assist in any criminal conduct by criminal gang members:

1. Manufacture, distribution, or delivery of a controlled substance or controlled substance analog, as prohibited in Section 961.41 (1).

2. First-degree intentional homicide, as prohibited in Section 940.01.

3. Second-degree intentional homicide, as prohibited in Section 940.05.

4. Battery, as prohibited in Section 940.19 or 940.195.

5. Battery, special circumstances, as prohibited in Section 940.20.

5m. Battery or threat to witness, as prohibited in Section 940.201.

6. Mayhem, as prohibited in Section 940.21.

7. Sexual assault, as prohibited in Section 940.225.

8. False imprisonment, as prohibited in Section 940.30.

9. Taking hostages, as prohibited in Section 940.305.

10. Kidnapping, as prohibited in Section 940.31.

11. Intimidation of witnesses, as prohibited in Section 940.42 or 940.43.

12. Intimidation of victims, as prohibited in Section 940.44 or 940.45.

13. Criminal damage to property, as prohibited in Section 943.01.

13m. Criminal damage to or threat to criminally damage the property of a witness, as prohibited in Section 943.011 or 943.017 (2m).

14. Arson of buildings or damage by explosives, as prohibited in Section 943.02.

15. Burglary, as prohibited in Section 943.10.

16. Theft, as prohibited in Section 943.20.

17. Taking, driving, or operating a vehicle, or removing a part or component of a vehicle, without the owners consent, as prohibited in Section 943.23.

18. Robbery, as prohibited in Section 943.32.

19. Sexual assault of a child, as prohibited in Section 948.02.

20. Repeated acts of sexual assault of the same child, as prohibited in Section 948.025.

21. A crime under s. 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, or 943.90 or, if the victim is a financial institution, as defined in s. 943.80(2), a crime under s. 943.84(1) or (2).

21m. Sexual assault of a child placed in substitute care under s. 948.085.

(2) Whoever intentionally solicits a child to participate in criminal gang activity is guilty of a Class I felony.

(3) Whoever intentionally violates, under all of the following circumstances, a court order to refrain from contacting a criminal gang member is guilty of a Class A misdemeanor:

(a) The court finds that the person who is subject to the court order is a criminal gang member.

(b) The court informs the person of the contact restriction orally and in writing.

(c) The order specifies how long the contact restriction stays in effect.

Gang-Related Funding (view all states for this subject)

Wisconsin § 165.987. Youth Diversion Programs; Grant Program

(1)From the appropriations under s. 20.455(2)(cr) and (kj), the Department of Justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

(3) From the appropriations under s. 20.455(2)(cr) and (kj), the Department of Justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455(2)(kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265(3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

Graffiti (view all states for this subject)

Wisconsin § 943.012. Criminal Damage to or Graffiti on Religious and Other Property.

Whoever intentionally causes damage to, intentionally marks, draws, or writes with ink or another substance on or intentionally etches into any physical property of another, without the persons consent and with knowledge of the character of the property, is guilty of a Class I felony if the property consists of one or more of the following:

(1) Any church, synagogue, or other building, structure, or place primarily used for religious worship or another religious purpose.

(2) Any cemetery, mortuary, or other facility used for burial or memorializing the dead.

(3) Any school, educational facility, or community center publicly identified as associated with a group of persons of a particular race, religion, color, disability, sexual orientation, national origin, or ancestry or by an institution of any such group.

(4) Any personal property contained in any property under subs. (1) to (3) if the personal property has particular significance or value to any group of persons of a particular race, religion, color, disability, sexual orientation, national origin, or ancestry and the actor knows the personal property has particular significance or value to that group.

Wisconsin § 943.017. Graffiti.

(1) Whoever intentionally marks, draws, or writes with paint, ink, or another substance on or intentionally etches into the physical property of another without the other person’s consent is guilty of a Class A misdemeanor.

(2) Any person violating sub. (1) under any of the following circumstances is guilty of a Class I felony:

(a) The property under sub. (1) is a vehicle or a highway, as defined in s. 943.01 (2) (a) 1., and the marking, drawing, writing, or etching is of a kind which is likely to cause injury to a person or further property damage.

(b) The property under sub. (1) belongs to a public utility or common carrier and the marking, drawing, writing, or etching is of a kind which is likely to impair the services of the public utility or common carrier.

(c) The property under sub. (1) belongs to a person who is or was a grand or petit juror and the marking, drawing, writing, or etching was caused by reason of any verdict or indictment assented to by the owner.

(d) If the total property affected in violation of sub. (1) is reduced in value by more than 2,500. For the purposes of this paragraph, property is reduced in value by the amount which it would cost to repair or replace it or to remove the marking, drawing, writing, or etching, whichever is less.

(e) The property affected is on state-owned land and is listed on the registry under s. 943.01.

(2m)

(a) In this subsection:

1. "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild.

2. "Witness" has the meaning given in s. 940.41 (3).

(b) Whoever does any of the following is guilty of a Class I felony:

1. Intentionally marks, draws, or writes with paint, ink, or another substance on or intentionally etches into, or threatens to mark, draw, or write on or etch into, any physical property owned by a person who is or was a witness by reason of the owner having attended or testified as a witness and without the owner’s consent.

2. Intentionally marks, draws, or writes with paint, ink, or another substance on or intentionally etches into, or threatens to mark, draw, or write on or etch into, any physical property owned by a family member of a witness or by a person sharing a common domicile with a witness by reason of the witness having attended or testified as a witness and without the owner’s consent.

(3)

(a) In addition to any other penalties that may apply to a crime under this section, the court may require that a convicted defendant perform 100 hours of community service work for an individual, a public agency, or a nonprofit charitable organization. The court may order community service work that is designed to show the defendant the impact of his or her wrongdoing. The court shall allow the victim to make suggestions regarding appropriate community service work. If the court orders community service work, the court shall ensure that the defendant receives a written statement of the community service order and that the community service order is monitored.

(b) Any individual, organization, or agency acting in good faith to whom or to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

(c) This subsection applies whether the court imposes a sentence or places the defendant on probation.

(d) If the defendant is not placed on probation and the court orders community service work, the court shall specify in its order under this subsection the method of monitoring the defendant’s compliance with this subsection and the deadline for completing the work that is ordered. The court shall inform the defendant of the potential penalties for noncompliance that would apply under s. 973.07.

(4) If more than one item of property is marked, drawn, or written upon or etched into under a single intent and design, the markings, drawings, or writings on or etchings into all of the property may be prosecuted as a single crime.

(5) In any case under this section involving more than one act of marking, drawing, writing, or etching but prosecuted as a single crime, it is sufficient to allege generally that unlawful marking, drawing, or writing on or etching into property was committed between certain dates. At the trial, evidence may be given of any such unlawful marking, drawing, writing, or etching that was committed on or between the dates alleged.

Public Nuisance/Premises Used by Gangs (view all states for this subject)

Wisconsin § 823.113. Drug or Criminal Gang House a Public Nuisance

(1) Any building or structure that is used to facilitate the delivery, distribution, or manufacture, as defined in Section 961.01 (6), (9) and (13) respectively, of a controlled substance, as defined in Section 961.01 (4), or a controlled substance analog, as defined in Section 961.01 (4m), and any building or structure where those acts take place, is a public nuisance and may be proceeded against under this section.

(1m) (a) In this subsection, "criminal gang" has the meaning given in Section 939.22 (9).

(b) Any building or structure that is used as a meeting place of a criminal gang or that is used to facilitate the activities of a criminal gang is a public nuisance and may be proceeded against under this section.

(2) If a nuisance exists, the city, town, or village where the property is located may maintain an action in the circuit court to abate the nuisance and to perpetually enjoin every person guilty of creating or maintaining the nuisance, the owner, lessee, or tenant of the building or structure where the nuisance exists and the owner of the land upon which the building or structure is located, from continuing, maintaining, or permitting the nuisance.

(3) If the existence of the nuisance is shown in the action to the satisfaction of the court, either by verified complaint or affidavit, the court shall issue a temporary injunction to abate and prevent the continuance or recurrence of the nuisance, including the issuance of an order requiring the closure of the property. Any temporary injunction issued in an action begun under this subsection shall be issued without requiring the undertaking specified in Section 813.06.

(4) In ruling upon a request for closure, whether for a defined or undefined duration, the court shall consider all of the following factors:

(a) The extent and duration of the nuisance at the time of the request.

(b) Prior efforts by the defendant to comply with previous court orders to abate the nuisance.

(c) The nature and extent of any effect that the nuisance has upon other persons, such as residents or businesses.

(d) The effect of granting the request upon any resident or occupant of the premises who is not named in the action, including the availability of alternative housing or relocation assistance, the pendency of any action to evict a resident or occupant, and any evidence of participation by a resident or occupant in the nuisance activity.


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