Hate Crimes
939.645 Penalty; crimes committed against certain people/ property
Categories of hate crimes
race, religion, color, disability, sexual orientation, national origin, and ancestry
Rape Shield Law
972.11 Evidence and Practice; civil rules applicable
940.19(5) Aggravated Battery
1. whoever
2. intent
3. causes
4. great bodily harm-- serious risk of death, permanent disfigurement
940.21 Mayhem
1. whoever
2. intent
3. disables, disfigures another, cuts or mutilates the tongue, ear, nose, lip, limb, or other bodily member of another
940.19 Battery
1. whoever
2. intent
3. causes
4. bodily harm to another
5. w/o consent
940.19 (2) Substantial Battery
1. whoever
2. intent
3. causes
4. substantial bodily harm
943.01 Criminal Damage to Property
1. whoever
2. intent
3. causes
4. property harm to another
5. w/o consent
Criminal damage to property SPECIAL VICTIMS
highway-- vehicles (if likely to cause injury)
public utilities
juror
public transit (common carrier)
state property--historic
rock art sites
plant research
943.45 (5) Privilege-- Parental Discipline
1. who owns the privilege-- person responsible for the welfare of a child
2. what is the discipline-- reasonable discipline
3. What is reasonable-- it depends
but never to
cause GBH/Death
943.06 Molotov Cocktails
1. whoever
2. strict liability
3. possesses/manufactures/sells/officers/gives transfers a firebomb
What is a firebomb?
breakable container
flash point liquid
wick
commercial item purpose of illumination
Types of property
personal property-- anything that can be moved
real property-- land/buildings (buy through a
real
tor
intellectual property-- only exists in your mind
943.02 Damage of Property by Explosive
1. whoever
2. intent
3. by means of explosives
4. damages any property
5. w/o consent
943.03 Arson of Property other than Building
1. whoever
2. intent
3. damages any property by fire
4. w/o consent
5. if property is not a building
6. equal or less than $100
943.04 Arson to Defraud
1. whoever
2. intent-- defraud insurer
3. damages any property by fire-- not building
4. prove defraud by submission of claim
Types of ownership
Legal ownership-- right to
possess
it
Equitable ownership-- right to
repossess
it
943.10 Burglary
1. whoever
2. intentionally enters
3. w/o consent
4. one of these places: Building/dwelling/enclosed railroad car/locked-enclosed portion of truck or trailer/motor home/mobile home/a locked room w/in any of these places
5. at the time of entry with intent
Felony circumstances for Burglary
-committing battery once inside
-use of a dangerous weapon
-arming yourself once inside
-if there is a person inside
-using explosives
943.12 Possession of Burglarious Tools
1. whoever
2. intent
3. possesses any device or instrumentality
4. to break into a depository, room, or building and steal
943.14 Criminal Trespass to Dwellings
1. whoever
2. intentionally enters dwelling
3. w/o consent
4. tends to create/provoke a breach of the peace
943.145 Criminal Trespass to a Medical Facility
1. whoever
2. intentionally enters a medical facility
3. w/o consent of someone lawfully on premises
4. tends to create/provoke a breach of peace
943.15 Entry onto a construction site or into a locked building, dwelling, or room
1. whoever
2. strict liability
3. w/o consent
4. enters a locked or posted construction site (enclosed building, dwelling, or room of another)
Legal trespass signs
-11"x11" *name of owner
-7"x5" *name of owner
943.32 Robbery
1. whoever
2. intent to steal
3. steal property from person/presence of owner
4. by force or threat of force
What makes Robbery a Class C Felony?
use of a dangerous weapon
943.20 Theft-- Larceny
1. whoever
2. intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another
3. w/o consent
4. intent to deprive the owner permanently of possession
Felony circumstances for theft
- Greater than $2500
-firearm
- domestic animal
- disaster looting
- pick pocket
- corpse
- vulnerable adults
943.20b Theft-- Embezzlement
1. whoever
2. intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing
3. w/o consent
4. w/ intent to convert to his/her use-- aside from owner
943.20d Theft-- Fraud
1. whoever
2. intentionally obtains title to property of another by deceiving the person
3. intent to defraud and which does defraud the person to whom it is made
943.50 Retail Theft
1. whoever
2. intent to permanently deprive merchant of possession or full value
3. Takes and carries away
- alters the indicia of price
- transfers (giving employee discount)
- conceals
- retains possession
- removes a theft detection device
- theft dete
What Asset Protection
may do
detain
What Asset Protection
must do
notice of offense
phone calls
What Asset Protection
may not do
interrogate
search w/o consent
943.24 Issue of Worthless Check
1. whoever
2. intent-- Prima facia:
- person doesn't have an active account
- at the time of issuance
- at the time of presentment-- does not make the check good within 5 days of notice
3. issues check- not paid
4. does not apply to:
-past date
-payroll
-
943.21 Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station
1. whoever
2. intent-- Prima Facia:
- refusal to pay
-gained admission
3. obtains food etc/ service/ admission w/o paying
943.215 Absconding w/o Paying Rent
1. whoever
2. intent
3. absconds w/o paying all current or past rent due
4. does not apply to:
- tenant has paid security deposit
- provided full address
Absconds
run away and hide
943.38 Forgery
1. whoever
2. intent
3. defrauds falsely makes or alters a writing or object
4. w/o consent
943.201 Unauthorized use of an individual person or identifying information or documents (personal identity theft)
1. whoever
2. intent
3. uses personal identifying info
4. w/o consent
5. to obtain anything of value
943.70 Computer Crimes
Includes hardware, software, film ware, and data
947.02 Vagrancy
cannot enforce
1. Whoever is capable of working
2. strict liability
3. does not work/labor
1. whoever is a prostitute/fortuneteller/gambler
punishes status
944.30 Prostitution
1. whoever
2. intent
3. has or offers to have or requests to have non-marital sex for anything of value
944.17 Sexual Gratification
1. whoever
2. strict liability
3. commits an act of sexual gratification his or her sex organ and the sex organ, mouth, or anus of an animal
944.20b Lewd and lasquious behavior
1. whoever
2. strict liability
3. exposes genitals/pubic area
944.15 Public Fornication
1. whoever
2. strict liability
3. has sexual intercourse in public
Public
place that person knows that his/her conduct is observable by others
947.06 Unlawful assemblies and their suppression
1. whoever
2. intent
3. falls or refuses to withdraw from an unlawful assembly after ordered to do so
946.41 Resisting or Obstructing officer
Resisting:
1. whoever
2. intent
3. resists officer
Obstructing:
1. whoever
2. intent
3. obstructs officer
Resisting
actual, physical force directed against officer
Obstructing
give false info/placing false physical evidence/w/o limitation-- everything else that obstructs
946.31 Perjury
1. whoever
2. intent
3. under oath or affirmation
4. orally makes a false material statement which the person does not believer to be true, in any matter, cause, action or proceeding before:
- any person/aspect of the court
- any government testimony that
946.32 False Swearing
1. whoever
2. intent
3. makes or affirmation or upon signing a statement
4. makes or subscribes a false statement which he/she does not believer is true required by law, or public officer, government agency
947.01 Disorderly Conduct
true threat
1. whoever
2. strict liability
3. engages in violent/abusive/profane/boisterous/unreasonably loud or otherwise disorderly conduct
4. in a public or private place
5. under circumstances that tend to provoke a disturbance
939.42 Intoxication
voluntary-- negatives the state of mind
involuntary-- cannot distinguish right/wrong
never for a strict liability crime
Intoxicant
alcohol and 961 drugs all schedules
939.43 Mistake
commonly for ownership cases
never for age of a minor
939.44 Adequate Provocation
reduces 1st degree intentional homicide to 2nd degree
939.45 Priviledge
Parents and Punishment-- must be reasonable
939.46 Coercion
Is a defense,
except
for homicide
939.49 Defense of property and protection against retail theft
3rd person property
- merchant security
- immediate family or same household
- under legal duty
971.13 Competency (incompetent to stand trial)
Qualify-- cannot understand legal proceeding against/ cannot assist w/ own defense
Effect-- no trial or sentence
971.15 Mental responsibility of defendant (insanity)
Qualify-- cannot distinguish right/wrong/ OR cannot conform behavior to law-- irresistible impulse
Bifurcated trial-- 2 parts-mini trial that concludes whether there is a mental defect
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