Wisconsin Statutes 941.20 – Endangering safety by use of dangerous weapon
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class F felony | up to 12 years 6 months | up to $25,000 |
| Class G felony | up to 10 years | up to $25,000 |
| Class H felony | up to 6 years | up to $10,000 |
| Class A misdemeanor | up to 9 months | up to $10,000 |
Terms Used In Wisconsin Statutes 941.20
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fire fighter: includes a person serving under…. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Highway: includes all public ways and thoroughfares and all bridges upon the same. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Endangers another’s safety by the negligent operation or handling of a dangerous weapon.
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant.
(bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
(c) Except as provided in sub. (1m), intentionally points a firearm at or toward another.
(d) 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. “Building” as used in this paragraph does not include any tent, bus, truck, vehicle or similar portable unit.
(1m)
(a) In this subsection:
1. “Ambulance” has the meaning given in s. 256.01 (1t).
1t. “Emergency medical responder” has the meaning given in s. 256.01 (4p).
2. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).
(b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical services practitioner, an emergency medical responder, an ambulance driver, or a commission warden is guilty of a Class H felony.
(2) Whoever does any of the following is guilty of a Class G felony:
(a) 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
(b) Sets a spring gun.
(3)
(a) Whoever intentionally discharges a firearm from a vehicle while on a highway, as defined in s. 340.01 (22), or on a vehicle parking lot that is open to the public under any of the following circumstances is guilty of a Class F felony:
1. The person discharges the firearm at or toward another.
2. The person discharges the firearm at or toward any building or other vehicle.
(b)
1. Paragraph (a) does not apply to any of the following who, in the line of duty, discharges a firearm from a vehicle:
a. A peace officer, except for a commission warden who is not a state-certified commission warden.
b. A member of the U.S. armed forces.
c. A member of the national guard.
2. Paragraph (a) does not apply to the holder of a permit under s. 29.193 (2) who is hunting from a standing motor vehicle, as defined in s. 29.001 (57), in accordance with s. 29.193 (2) (cr) 2.
(c) The state does not have to negate any exception under par. (b). Any party that claims that an exception under par. (b) is applicable has the burden of proving the exception by a preponderance of the evidence.
(d) The driver of the vehicle may be charged and convicted for a violation of par. (a) according to the criteria under s. 939.05.
(e) A person under par. (a) has a defense of privilege of self-defense or defense of others in accordance with s. 939.48.