Whoever violates s. 940.42 under any of the following circumstances is guilty of a Class G felony:

Terms Used In Wisconsin Statutes 940.43

  • Conviction: A judgement of guilt against a criminal defendant.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • 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
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
   (1)   Where the act is accompanied by force or violence or attempted force or violence upon the witness, or the spouse, child, stepchild, foster child, parent, sibling, or grandchild of the witness, or any person sharing a common domicile with the witness.
   (2)   Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).
   (3)   Where the act is accompanied by any express or implied threat of force, violence, injury or damage described in sub. (1) or (2).
   (4)   Where the act is in furtherance of any conspiracy.
   (5)   Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
   (6)   Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.
   (7)   Where the act is committed by a person who is charged with a felony in connection with a trial, proceeding, or inquiry for that felony.
   (8)   If the proceeding is a criminal trial, where the crime is an act of domestic abuse, as defined in s. 968.075 (1) (a), that constitutes the commission of a crime or a crime that, following a conviction, is subject to the surcharge in s. 973.055.