Wisconsin Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Wisconsin grades felonies as Classes A through I. Class A: life imprisonment. Class B: imprisonment not to exceed 60 years. Class C: a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both. Class D: a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both. Class E: a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both. Class F: a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both. Class G: a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. Class H: a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both. Class I: a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

Class A misdemeanor: a fine not to exceed $10,000, or imprisonment not to exceed 9 months, or both. Class B misdemeanor: a fine not to exceed $1,000, or imprisonment not to exceed 90 days, or both. Class C misdemeanor: a fine not to exceed $500, or imprisonment not to exceed 30 days, or both. Forfeitures (civil, no imprisonment): Class A, not to exceed $10,000; Class B, $1,000; Class C, $500; Class D, $200; Class E, $25.

Theft becomes a felony when the value exceeds $2,500. Not more than $2,500: Class A misdemeanor. More than $2,500 but not more than $5,000: Class I felony. More than $5,000 but not more than $10,000: Class H felony. More than $10,000 but not more than $100,000: Class G felony. More than $100,000: Class F felony. Regardless of value, it is a Class H felony if the property is a domestic animal, a firearm, property taken from a building after a disaster or riot, or property taken from a patient or resident of a care facility or an individual at risk; and a Class G felony if the property is taken from the person of another or from a corpse. Repeat offenders may face a higher classification.

No statutory duty to retreat, but retreat can be considered. A person may use force intended or likely to cause death or great bodily harm only if the person reasonably believes it is necessary to prevent imminent death or great bodily harm. 'While there is no statutory duty to retreat, whether the opportunity to retreat was available goes to whether the defendant reasonably believed the force used was necessary to prevent an interference with the defendant's person.' A person who provokes an attack through unlawful conduct may use deadly force only after reasonably believing he or she has exhausted every other reasonable means to escape or avoid death or great bodily harm.

If an actor claims self-defense for force intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat, and shall presume the actor reasonably believed the force was necessary to prevent imminent death or great bodily harm, if the actor was present in his or her dwelling, motor vehicle, or place of business (one the actor owns or operates) and knew or reasonably believed that the person against whom force was used was unlawfully and forcibly entering it, or had unlawfully and forcibly entered it. The presumption does not apply if the actor was engaged in criminal activity or using the dwelling, vehicle or business to further criminal activity, or if the person was a public safety worker entering in the performance of official duties who identified himself or herself or whom the actor knew or reasonably should have known was a public safety worker.

General rule: felonies must be prosecuted within 6 years after commission; misdemeanors (and adultery) within 3 years. No limitation (prosecution may be commenced at any time): first-degree intentional homicide, first-degree reckless homicide, felony murder, second-degree intentional homicide, first-degree sexual assault, first-degree sexual assault of a child, certain repeated sexual assault of the same child, and attempts at listed offenses. Other periods: second-degree reckless homicide, 15 years; second-degree sexual assault, 20 years; third-degree sexual assault and human trafficking, 10 years; many child sex offenses must be prosecuted before the victim reaches age 45 (others before age 26). DNA-match extensions apply, and time is excluded while the person is not publicly a resident of Wisconsin.

A defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure appearance in court, protect members of the community from serious harm, or prevent the intimidation of witnesses (subject to exceptions in ss. 969.035 and 971.14(1r)). Bail may be imposed at or after the initial appearance only if the court finds that bail is necessary to assure the defendant's appearance in court, or, for a defendant accused of a violent crime, that bail is necessary based on the totality of the circumstances (considering prior violent-crime convictions, likelihood of not appearing, the need to protect the community from serious harm and prevent witness intimidation, and potential affirmative defenses). When bail is set to assure appearance, it shall be only in the amount found necessary to assure appearance; when set for a violent crime, it may not be excessive. The court considers the ability of the arrested person to give bail, the nature, number and gravity of the offenses and potential penalty, whether the alleged acts were violent in nature, prior record, character, health, residence and reputation, the strength of the evidence, supervision status, pending release conditions, prior bail forfeitures, and the policy against unnecessary detention pending trial.

The Wisconsin State Public Defender determines whether a person is indigent and verifies income, assets, public assistance and expenses; applicants sign statements that the information is true and that they have not disposed of assets to qualify (knowingly false statements are a Class I felony). Under the statutory standard, assets are counted only if they exceed $2,500 in combined equity value (excluding up to $10,000 of equity in vehicles and the first $30,000 of homestead equity), and income is counted only if gross income exceeds 115 percent of the federal poverty guideline; a spouse's income and assets count unless the spouse is the alleged victim. A circuit court may review any indigency determination. The office collects payment for representation from persons able to pay, based on ability to pay and a board fee schedule.

18 (a 'child' is a person who has not attained the age of 18 years). Sexual contact or sexual intercourse with a person who has not attained the age of 16 years is second-degree sexual assault of a child (Class C felony). Sexual intercourse with a child who has attained the age of 16 years, by a person who has attained the age of 19 years and is not the child's spouse, is a Class A misdemeanor. Close-in-age: when the actor has not attained the age of 19, sexual intercourse with a child who has attained age 15 (or sexual contact with a child age 15) is a Class A misdemeanor (underage sexual activity).

A crime; adult-use marijuana is not legal. Possessing or attempting to possess tetrahydrocannabinols: a fine of not more than $1,000 or imprisonment for not more than 6 months or both upon a first conviction, and a Class I felony for a 2nd or subsequent offense (any prior drug conviction under this chapter or any state or federal drug statute counts).

Wisconsin does not have a general crime called assault; physical attacks are charged as battery, graded by the harm caused. Battery (intentionally causing bodily harm without consent) is a Class A misdemeanor (up to 9 months in jail and/or a $10,000 fine). Substantial battery (substantial bodily harm) is a Class I felony (up to 3 years 6 months). Aggravated battery is a Class H felony (up to 6 years) when great bodily harm results or the conduct creates a substantial risk of great bodily harm, and a Class E felony (up to 15 years) when the person intended to cause great bodily harm. Threatening or attempted physical contact done to harass or intimidate is charged as harassment, a Class B forfeiture (civil fine up to $1,000). The battery statutes were revised and renumbered (from § 940.19 to § 940.60 and following) by 2025 Wis. Act 24.

Battery is causing bodily harm to another by an act done with intent to cause bodily harm, without the person's consent; it is a Class A misdemeanor punishable by up to 9 months in jail, a fine up to $10,000, or both. It becomes a Class I felony (up to 3 years 6 months) for substantial bodily harm, or when committed against the petitioner by someone subject to a domestic abuse or harassment injunction; it is a Class H felony (up to 6 years) for great bodily harm, for battery by prisoners, or for battery to certain protected people such as judges, prosecutors, law enforcement officers, witnesses and jurors in the circumstances the statute lists; and a Class E felony (up to 15 years) when great bodily harm was intended.

Wisconsin has no separate domestic battery crime; violence against a family or household member is charged under the regular offense (for example battery, a Class A misdemeanor) and treated as domestic abuse. A person who commits a domestic abuse crime within 72 hours after a domestic abuse arrest, or who has been convicted of domestic abuse crimes on two or more separate occasions in the previous 10 years, is a domestic abuse repeater: the maximum prison term may be increased by up to 2 years, and the increase turns a misdemeanor into a felony. Strangulation or suffocation (intentionally impeding normal breathing or blood circulation by pressure on the throat or neck or blocking the nose or mouth) is a Class H felony (up to 6 years), or a Class G felony (up to 10 years) with a prior strangulation or violent-crime conviction. Battery to someone who obtained a domestic abuse injunction against the offender is a Class I felony.

Shoplifting is called retail theft in Wisconsin: intentionally taking, concealing, keeping, transferring or altering the price of a store's merchandise without consent and intending to deprive the merchant of it or its full price (including removing security tags or using shielded bags or tag removers). Merchandise worth $500 or less is a Class A misdemeanor (up to 9 months and/or $10,000). Over $500 up to $5,000 is a Class I felony; over $5,000 up to $10,000 a Class H felony; over $10,000 a Class G felony. A person charged with misdemeanor retail theft who has one or more prior retail theft or theft convictions may be charged with a Class I felony, and $500-or-less retail theft done with others to resell online is a Class I felony. Under the civil statute, the merchant may recover the retail value (unless returned undamaged) and actual damages, plus exemplary damages up to 3 times that amount and attorney fees, but exemplary damages plus attorney fees may not exceed $500 per violation ($300 against a minor or the minor's parent).

Burglary is intentionally entering a building, dwelling, enclosed railroad car, ship, locked truck cargo area, motor home or a room within one without consent and with intent to steal or commit a felony or battery; it is a Class F felony (up to 12 years 6 months and/or $25,000). It is a Class E felony (up to 15 years and/or $50,000) if the burglar is or becomes armed with a dangerous weapon, uses explosives on a safe, commits a battery on someone inside, or enters a dwelling, boat or motor home while another person is lawfully present. Robbery is taking property from a person or their presence with intent to steal by using force or threatening imminent force; it is a Class E felony. Armed robbery (using or threatening a dangerous weapon or something made to look like one) is a Class C felony (up to 40 years and/or $100,000).

Vandalism is called criminal damage to property in Wisconsin: intentionally damaging another's physical property without consent. It is a Class A misdemeanor (up to 9 months and/or $10,000). It becomes a Class I felony (up to 3 years 6 months and/or $10,000) if the property is reduced in value by more than $2,500 (measured by the lesser of repair or replacement cost), or in other listed cases such as damage to a vehicle or highway likely to cause injury, damage to public utility property, or retaliation against a juror. Graffiti (marking, drawing, writing or etching on another's property without consent) is a separate offense with the same grades: a Class A misdemeanor, or a Class I felony over $2,500 or in the same listed circumstances.

Trespass to land (entering enclosed, cultivated or undeveloped land, or entering or staying on land after the owner or occupant says not to) is a Class B forfeiture, a civil fine up to $1,000, not a crime. Criminal trespass to a dwelling (intentionally entering or staying in someone else's home without consent, in circumstances tending to provoke a breach of the peace) is a Class A misdemeanor, punishable by up to 9 months in jail, a fine up to $10,000, or both. Entering a building or dwelling without consent with intent to steal or commit a felony is burglary.

Possessing a Schedule I or II narcotic drug or methamphetamine is a Class I felony (up to 3 years 6 months and/or $10,000). Possessing cocaine is punishable on a first conviction by a fine up to $5,000 and up to one year in county jail, and is a Class I felony for a second or subsequent drug offense; LSD, amphetamine, MDMA, psilocybin and certain other drugs are treated the same way. Other controlled substances not specifically listed are a misdemeanor punishable by up to 30 days and/or $500. Using or possessing drug paraphernalia with intent to use it is punishable by a fine up to $500, up to 30 days, or both. A first offender charged with possession of an "other" controlled substance (under § 961.41(3g)(b)) may, with consent, have proceedings deferred and be placed on probation; on completion the charge is dismissed without a conviction (once per person).

A driver who knows or has reason to know a crash injured or killed someone or damaged an attended vehicle must stop, stay, give name, address and registration number, show a license on request, and give reasonable help to anyone injured. Leaving the scene when no one was injured is punishable by a fine of $300 to $1,000, up to 6 months in jail, or both. If someone was injured but did not suffer great bodily harm, the penalty is a fine up to $10,000, up to 9 months, or both, and the statute treats it as a felony. Leaving the scene of a crash causing great bodily harm is a Class E felony (up to 15 years), and of a crash causing death a Class D felony (up to 25 years).

Reckless driving is endangering the safety of any person or property by the negligent operation of a vehicle. A first violation is a civil forfeiture of $50 to $400 (not a crime); a second or subsequent violation is punishable by a fine of $100 to $1,000, up to one year in county jail, or both. Reckless driving that causes bodily harm is punishable by a fine of $600 to $4,000 and 60 days to 2 years in county jail, and reckless driving that causes great bodily harm is a Class H felony (up to 6 years). Higher penalties apply in highway work zones.

Stalking in Wisconsin is always a felony: intentionally engaging in a course of conduct (two or more acts, including following, showing up at home or work, repeated calls, texts, electronic messages, social media posts, or electronic monitoring) that would cause a reasonable person serious emotional distress or fear of bodily injury or death, and does so, is a Class I felony (up to 3 years 6 months). It is a Class H felony (up to 6 years) with a prior violent-crime or stalking conviction, a prior conviction involving the same victim within 7 years, a victim under 18, or misuse of personal records; and a Class F felony (up to 12 years 6 months) if it causes bodily harm, uses a dangerous weapon, or follows a prior conviction involving the same victim within 7 years. Harassment (physical contact or a course of conduct meant to harass or intimidate) is a Class B forfeiture (up to $1,000), but a Class A misdemeanor with a credible threat while under a protective order or similar circumstances, and a Class I felony with a prior harassment or stalking conviction involving the same victim within 7 years. Sending harassing or threatening electronic messages is a Class B misdemeanor (up to 90 days and/or $1,000).

Knowingly resisting or obstructing an officer acting in an official capacity with lawful authority (including knowingly giving false information to the officer) is a Class A misdemeanor (up to 9 months and/or $10,000). It is a Class H felony (up to 6 years) if it causes substantial bodily harm or a soft tissue injury to the officer, and a Class G felony (up to 10 years) if it causes great bodily harm. Knowingly fleeing or attempting to elude a police officer in a vehicle after a signal to stop (by willful disregard that endangers others, increasing speed, or turning off lights) is a Class H felony; it is a Class G felony if it causes bodily harm or property damage, and a Class E felony (with at least 1 year 6 months of initial confinement) if it causes great bodily harm.

Wisconsin charges missing court (or breaking any other bond condition) as bail jumping: a person released from custody under the bail chapter who intentionally fails to comply with the terms of the bond. If the pending charge is a misdemeanor, bail jumping is a Class A misdemeanor (a fine not to exceed $10,000, imprisonment not to exceed 9 months, or both). If the pending charge is a felony, it is a Class H felony (a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both). A witness for whom bail was required who fails to appear commits a Class I felony.

In Wisconsin a person on probation is in the custody of the Department of Corrections, and a violation is usually decided administratively rather than by the sentencing judge. If a probationer violates the conditions, the department may start a proceeding before the Division of Hearings and Appeals in the Department of Administration; unless the probationer waives it, a hearing examiner holds an administrative hearing and orders probation revoked or not revoked, and either side may ask the division administrator to review the order. If probation is revoked and the person was not yet sentenced, the person is brought back to court for sentencing; if a sentence was already imposed and stayed, the department orders the person to prison and the sentence begins when the person enters prison.

Knowingly resisting or obstructing an officer acting in an official capacity with lawful authority, including knowingly giving the officer false information or planting evidence to mislead, is a Class A misdemeanor (up to 9 months, up to $10,000, or both). It becomes a Class H felony if the false information or evidence leads to an innocent person's conviction or if the person causes substantial bodily harm or a soft tissue injury to the officer, and a Class G felony if it causes great bodily harm. Witness tampering, called intimidation of witnesses, means knowingly and maliciously preventing or dissuading (or trying to) a witness from attending or testifying; it is a Class A misdemeanor, and a Class G felony (up to 10 years, up to $25,000, or both) when it involves force, property damage, threats, a conspiracy, a prior conviction, payment, a defendant charged with a felony in that case, or a domestic-abuse trial. Intimidating a crime victim from reporting or helping prosecute is graded the same way.

Perjury is making a false material statement orally under oath or affirmation, which the person does not believe is true, in a proceeding before a court, judge, magistrate, court commissioner, administrative agency or arbitrator authorized to decide facts, a notary taking testimony for a court case, a coroner's inquest, a grand jury, or a legislative body or committee. It is a Class H felony (a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both), and correcting or retracting the testimony is not a defense. False swearing, making a false statement under oath (or a signed statement under s. 887.015) when the oath is required by law or by an agency as a condition of official action, or making two inconsistent sworn statements knowing one is false, is also a Class H felony; other false sworn statements are a Class A misdemeanor.

Being drunk in public is not itself a crime under Wisconsin state law. The state's Alcoholism, Drug Dependence, and Intoxication Treatment Act declares that intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcohol beverages or other drugs, and should instead receive treatment. An officer may help a person who appears intoxicated in a public place to get home or to a treatment or health facility if the person consents, and a person who appears incapacitated by alcohol or another drug is placed in protective custody and taken for emergency treatment. Conduct while drunk can still be charged under other laws (for example disorderly conduct), since the act does not affect laws punishable by fine, forfeiture or imprisonment.

Disorderly conduct covers engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, in a public or private place, under circumstances in which the conduct tends to cause or provoke a disturbance. It is a Class B misdemeanor, punishable by a fine not to exceed $1,000, imprisonment not to exceed 90 days, or both. The statute says that, absent other facts showing criminal or malicious intent, lawfully loading, carrying or going armed with a firearm is not disorderly conduct.

Wisconsin charges indecent exposure as lewd and lascivious behavior: publicly and indecently exposing the genitals or pubic area, or committing an indecent act of sexual gratification with another person knowing others are present. It is a Class A misdemeanor (a fine not to exceed $10,000, imprisonment not to exceed 9 months, or both). Breastfeeding is expressly excluded. The section itself has no felony level for repeat offenses.

Prostitution is illegal in Wisconsin. Intentionally having, offering, or requesting sexual intercourse or other sexual acts or contact for anything of value is a Class A misdemeanor (up to 9 months, up to $10,000, or both); because the statute covers someone who requests sex for something of value, it also reaches buyers. Patronizing, meaning entering or remaining in a place of prostitution intending sex with a prostitute, is a Class A misdemeanor for a first or second violation and a Class I felony (up to 3 years and 6 months, up to $10,000, or both) for a third or later violation. Soliciting or causing someone to practice prostitution (pimping) is a Class H felony, and a person under 18 may receive a consent decree or deferred prosecution instead.

Wisconsin's gambling law excludes from illegal betting: bingo and raffles conducted under the charitable gaming chapter, pari-mutuel wagering, the state lottery, and event or sports wagers made by someone physically in Wisconsin using a mobile or other electronic device when the server is located on a federally recognized tribe's Indian lands in the state and the wager is conducted under a tribal gaming compact. Other gambling is illegal: making a bet, entering a gambling place to bet or play a gambling machine, or conducting a lottery is a Class B misdemeanor (up to 90 days, up to $1,000, or both). Commercial gambling, such as running a gambling place, taking bets for gain, or collecting proceeds of a gambling machine, is a Class I felony (up to 3 years and 6 months, up to $10,000, or both), except as the statute provides.

Embezzlement is charged under Wisconsin's general theft statute: a person who, because of an office, business or job, or as trustee or bailee, has custody of another's money or negotiable instruments and intentionally uses, transfers, hides or keeps them without the owner's consent and contrary to his or her authority, intending to convert them, commits theft. Refusing to hand the money over on demand is prima facie evidence of that intent. The grade follows the theft value tiers: a Class A misdemeanor up to $2,500, and a felony above $2,500 (Class I up to $5,000, Class H up to $10,000, Class G up to $100,000, Class F above $100,000).

Identity theft, called unauthorized use of an individual's personal identifying information or documents, is intentionally using, attempting to use, or possessing with intent to use someone's identifying information (such as name, Social Security number, account numbers or biometric data) or identification documents without consent, while pretending to be that person or to have the person's authorization, to get credit, money, goods, services, employment or anything of value, to avoid civil or criminal process, or to harm the person's reputation, property or estate. It is a Class H felony (a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both) and applies even if the person is deceased. Credit card fraud, called financial transaction card crimes, includes using a forged, expired, revoked or unlawfully obtained card, or pretending to be a cardholder, with intent to defraud: a Class A misdemeanor if the value does not exceed $2,500, a Class I felony above $2,500 up to $5,000, a Class H felony above $5,000 up to $10,000, and a Class G felony above $10,000 (aggregated over 6 months).

Forgery is falsely making or altering, with intent to defraud, a writing or object that creates or transfers legal rights or obligations (such as checks or contracts), a public record, or an official certificate, so that it appears to be made by someone else or with different terms or authority. It is a Class H felony (up to 6 years, up to $10,000, or both), as is uttering (passing) or possessing with intent to utter such a forged item knowing it was falsified. Lesser forgeries, such as fake identification or recommendation writings, fake antiques, or counterfeit labels, are Class A misdemeanors. Bad checks: issuing a check of not more than $2,500 intending that it not be paid is a Class A misdemeanor; a single check over $2,500, or checks in a 90-day period totaling over $2,500, is a Class I felony.

Blackmail and extortion are charged as threats to injure or accuse of crime: maliciously threatening, verbally or in writing, to accuse someone of a crime, or threatening or causing injury to the person's body, property, business, profession or income, in order to extort money or any financial advantage or to force the person to do or not do something. It is a Class H felony (a fine not to exceed $10,000, imprisonment not to exceed 6 years, or both). The same grade applies when the threat is used to influence a juror or a public officer's official action, or when someone threatens to use another person's patient health care records to extort.

Wisconsin uses 'homicide' instead of murder degrees. First-degree intentional homicide (causing a death with intent to kill) is a Class A felony: life imprisonment. First-degree reckless homicide (recklessly causing a death under circumstances showing utter disregard for human life, or causing a death by delivering certain schedule I or II drugs) is a Class B felony: up to 60 years. Felony murder (causing a death while committing or attempting listed felonies such as sexual assault, robbery, burglary, kidnapping, arson or certain batteries) adds up to 15 years to the maximum term for the underlying crime. Second-degree reckless homicide (recklessly causing a death) is a Class D felony: up to 25 years and/or a $100,000 fine. There is no third-degree murder.

Wisconsin has no offense named manslaughter. Killing with intent to kill but with mitigating circumstances (adequate provocation, an honest but unreasonable belief in the need for self-defense, or unreasonable force to prevent a felony) is second-degree intentional homicide, a Class B felony (up to 60 years). Causing a death by negligent handling of a dangerous weapon, explosives or fire is a Class G felony (up to 10 years and/or $25,000), as is causing a death by negligent operation of a vehicle. Causing a death by driving while intoxicated, with a prohibited alcohol concentration, or with a restricted controlled substance in the blood is a Class D felony (up to 25 years), or Class C (up to 40 years) with a prior OWI-type conviction, suspension or revocation; the court must impose at least 5 years of initial confinement unless it states a compelling reason on the record.

A person responsible for a child's welfare who, for reasons other than poverty, negligently fails to provide necessary care, food, clothing, medical care, shelter, education, or protection from drug manufacturing or dealing, seriously endangering the child, commits child neglect. Grades depend on the result: Class A misdemeanor if harm was likely but did not occur (up to 9 months and/or $10,000); Class I felony in that situation if the child was under 6 or had a known disability; Class H felony if the child suffers bodily harm; Class G for emotional damage; Class F for great bodily harm or if the child becomes a victim of a child sex offense; Class D if the child dies. Contributing to the delinquency of a child is a Class A misdemeanor, a Class H felony if the child's act is a felony, and a Class D felony if death results.

Wisconsin does not use numbered arson degrees. Arson of a building, intentionally damaging another's building by fire without consent, or any building by fire to defraud an insurer, or another's property by explosives, is a Class C felony (up to 40 years and/or $100,000). Arson of property other than a building, worth $100 or more and belonging to another, is a Class I felony (up to 3.5 years and/or $10,000). Burning one's own non-building property to defraud an insurer is a Class H felony (up to 6 years and/or $10,000). Placing combustible or explosive material near property intending to burn it is prosecuted as attempted arson, and possessing or making a Molotov cocktail is a Class H felony. A person injured by arson may sue the convicted person for treble damages.

Treating any animal cruelly, or violating the state's animal-care rules (food, water, shelter, abandonment and similar), is a Class C forfeiture (civil, up to $500), or a Class A forfeiture within 3 years of a humane officer's abatement order. Doing so intentionally or negligently is a Class A misdemeanor (up to 9 months and/or $10,000). Intentionally mistreating an animal resulting in its mutilation, disfigurement or death is a Class I felony (up to 3.5 years and/or $10,000). The court may bar a criminal violator from owning, possessing or training any animal or a type of animal for up to 5 years, may order the animal delivered to a humane society, and must order restitution.

Yes. Posting or publishing a private nude or sexual image (one the depicted person meant only for the person who took it or was given it) knowing the person does not consent, or making a copy of it without consent, is a Class A misdemeanor (up to 9 months and/or $10,000), or a Class I felony if the person depicted was under 18. Secretly capturing an intimate image without consent where there is an expectation of privacy, or distributing such an image, is a Class I felony; posting an AI-made (synthetic) intimate image of an identifiable person to coerce, harass or intimidate is also a Class I felony (Class H if the person depicted was under 18). Conduct prohibited by this statute is also an invasion of privacy for which the victim can sue for an injunction, damages and attorney fees, whether or not anyone is charged.

Sending an email or other computerized message intended to frighten, intimidate, threaten or abuse someone that threatens injury or property damage, uses obscene language, or hides the sender's identity is a Class B misdemeanor (up to 90 days and/or $1,000); sending such messages only to harass, annoy or offend, or sending repeated messages solely to harass, is a Class B forfeiture (civil, up to $1,000). These apply to victims of any age. For schools, each school board must adopt a policy prohibiting bullying by pupils, with reporting, investigation and discipline; that school law carries no criminal penalty.

Wisconsin has no separate sexting offense for minors. Possessing, accessing or showing a recording of a child (under 18) engaged in sexually explicit conduct is a Class D felony for an adult, but a Class I felony (up to 3.5 years and/or $10,000) if the offender is under 18. Soliciting an intimate or private image from someone under 18 is a Class I felony for an adult, a Class A misdemeanor for an 18-20-year-old soliciting a child no more than 3 years younger, and that offense does not apply to solicitors who are under 18. Offenders under 17 are generally handled in juvenile court under the juvenile justice code.

Knowingly receiving or dealing in proceeds known to come from unlawful activity, financing or moving such proceeds, providing money to further crime, or conducting a transaction designed to hide the proceeds or avoid federal reporting is graded by total value: up to $2,500 is a Class A misdemeanor (up to 9 months and/or $10,000); over $2,500 to $5,000 is a Class I felony; over $5,000 to $10,000 is a Class H felony; over $10,000 to $100,000 is a Class G felony (up to 10 years and/or $25,000); over $100,000 is a Class F felony (up to 12.5 years and/or $25,000). A financial institution that complied with federal reporting rules is not liable.

Knowingly trafficking a person (recruiting, harboring, transporting, providing or obtaining) for labor, services or a commercial sex act, by means such as force, threats, debt bondage, fraud, confiscating ID documents or controlling access to drugs, is a Class C felony (up to 40 years and/or $100,000), as is knowingly benefiting from it. Receiving earnings of debt bondage or a commercial sex act is a Class E felony (up to 15 years). Trafficking a child for commercial sex acts, or benefiting from it, needs no proof of force and is a Class B felony (up to 60 years), or a Class A felony with life without extended supervision if there are 3 or more child victims. Victims may sue for damages, treble punitive damages and attorney fees.

A pedestrian crossing anywhere other than a marked or unmarked crosswalk must yield to all vehicles. At signal-controlled intersections, pedestrians may start crossing only on a green or walk signal, and may not start on a 'Don't Walk' signal (steady or flashing). A pedestrian may not suddenly step off the curb into the path of a vehicle too close to yield. Drivers must yield to pedestrians in crosswalks at uncontrolled intersections. Pedestrian violations are civil forfeitures, not crimes: $2 to $20 for a first offense and $10 to $50 for a second within a year.

No one may drink alcohol in a motor vehicle on a highway, and no one may possess an opened alcohol container in a privately owned vehicle on a public highway. The owner (or the driver, if the owner is absent) may not keep an opened container in the vehicle unless it is in the trunk or, if there is no trunk, an area not normally occupied by the driver or passengers. Passengers in a chauffeur-driven limousine or bus are exempt. A violation is a civil forfeiture of up to $100, with extra penalties for commercial drivers.

A person under 21 not with a parent, guardian or spouse of legal drinking age who knowingly possesses or consumes alcohol commits a civil violation: $100-$200 forfeiture for a first offense, rising to $500-$1,000 for a fourth within 12 months. Buying or trying to buy alcohol from a seller, lying about age, or being in a bar unlawfully carries a $250-$500 forfeiture for a first offense, rising to $750-$1,000. The court may also suspend driving privileges (30-90 days for a first violation, up to 1 year for a second and up to 2 years for a third within 12 months) and order community service; suspension is mandatory for repeat violations involving a motor vehicle. Carrying or making a fake ID is a $300-$1,250 forfeiture plus a possible 30-90 day license suspension; giving a fake ID to a minor is a crime, and a Class I felony if done for money.

Driving while suspended is a civil forfeiture of $50-$200; knowing about the suspension is not required. Driving while revoked is a forfeiture of up to $2,500, but a crime (up to $2,500 and/or 1 year in county jail) if the revocation stems from an OWI-type offense, with up to $10,000 and 1 year for a repeat violation of a permanent revocation. If the driver causes great bodily harm or death, penalties rise to $5,000-$10,000, and it is a Class I felony (great bodily harm) or Class H felony (death) if the driver knew the license was suspended or revoked. The court may order the vehicle impounded.

Driving without a valid license (never licensed, or expired) is a civil forfeiture of up to $200 for a first offense (up to $100 if expired less than 3 months); a second offense within 3 years can bring up to $300 and 30 days in jail, and a third up to $500 and 6 months. Causing great bodily harm or death while unlicensed raises the forfeiture to $5,000-$10,000, and it becomes a Class I or Class H felony if the driver knew he or she had no valid license. A licensed driver must carry the license and show it on demand; failing to do so is a forfeiture of up to $200, but no conviction if the driver later produces a license that was valid at the time.

Wisconsin repealed its switchblade ban (former s. 941.24) in 2016 (2015 Wis. Act 149), and a knife is not a 'dangerous weapon' under the concealed-weapon law, so most people may carry any knife openly or concealed with no blade-length limit. Exception: a person barred from possessing firearms (for example, a felon) who carries a concealed knife that is a dangerous weapon commits a Class A misdemeanor. Possessing or going armed with a dangerous weapon other than a firearm, which can include a knife, on school premises is a Class A misdemeanor, or a Class I felony for a repeat violation within 5 years. State law bars cities and counties from regulating knives more strictly than state law, except that they may ban knives in buildings they own or control.

State law defines 'fireworks' broadly but excludes sparklers up to 36 inches, fountains classed as Division 1.4 explosives, smoke devices, snakes, caps, ground spinners and small novelties, so the state permit rule does not cover them. Using or possessing other fireworks (anything made for exploding, emitting sparks or combustion that is not excluded) requires a user's permit from the city, village or town; permits may not be issued to minors. Selling fireworks is allowed only to permit holders, municipalities, nonresidents and certain other buyers. Violations are a civil forfeiture of up to $1,000, and a parent who lets a minor use fireworks faces the same forfeiture and is liable for damages. Cities, villages, towns and counties may adopt stricter rules, including bans. The statute sets no statewide dates.

Kidnapping (using force or the threat of force to move or hold someone without consent, or tricking them into going somewhere, intending to secretly confine them, take them out of state, or hold them to service against their will) is a Class C felony: up to 40 years, a fine up to $100,000, or both. Kidnapping to force someone to hand over property for the victim's release (ransom) is a Class B felony (up to 60 years), dropping to Class C if the victim is released without permanent physical injury before the first trial witness is sworn. Taking hostages is a Class B felony, or Class C if every hostage is released unharmed before arrest. False imprisonment (intentionally confining or restraining someone without consent, knowing there is no lawful authority) is a Class H felony: up to 6 years, a fine up to $10,000, or both.

Terrorist threats (threatening death, bodily harm or property damage intending to cause an evacuation, public panic, public inconvenience, or disruption of government or public services, or knowingly creating a substantial risk of that) is a Class I felony: up to 3 years and 6 months, a fine up to $10,000, or both; it is a Class G felony (up to 10 years) if it contributes to someone's death. Threatening to cause bodily harm is a Class H felony (up to 6 years, a fine up to $10,000, or both) when the target is, among others, a current or former judge, prosecutor, police officer, juror, witness, probation or parole agent, health care provider or worker, or certain state agency employee, or their family, in response to their official actions. Threatening injury or harm by email or other computerized communication to frighten or harass is a Class B misdemeanor (up to 90 days, a fine up to $1,000, or both).

Taking and driving a vehicle without the owner's consent is a Class H felony (up to 6 years, a fine up to $10,000, or both), or Class F (up to 12 years and 6 months) for a second or later offense; for a commercial motor vehicle it is Class G. Driving or operating a vehicle without consent (without having taken it) is a Class I felony (up to 3 years and 6 months), or Class G for a repeat offense. If the defendant proves the vehicle was abandoned undamaged within 24 hours, the offense is reduced to a Class A misdemeanor (up to 9 months). Knowingly riding as a passenger in a vehicle being driven without consent is a Class A misdemeanor, and removing a major part of a vehicle without consent is a Class I felony. A vehicle theft may also be charged as theft, graded by value.

Knowingly or intentionally receiving or concealing stolen property is graded by value: up to $2,500 is a Class A misdemeanor (up to 9 months, a fine up to $10,000, or both); over $2,500 up to $5,000 is a Class I felony (up to 3 years and 6 months); over $5,000 up to $10,000, or any firearm, is a Class H felony (up to 6 years); and over $10,000 is a Class G felony (up to 10 years, a fine up to $25,000, or both).

Wisconsin does not have a separately named organized retail theft crime in the sections read; it is handled within the retail theft law. Retail theft (shoplifting) is a Class A misdemeanor up to $500, a Class I felony over $500 up to $5,000, a Class H felony over $5,000 up to $10,000, and a Class G felony over $10,000. Retail theft of $500 or less becomes a Class I felony (up to 3 years and 6 months) if the person agreed or combined with another person to commit it and intended to sell the merchandise online; selling similar merchandise online within 90 days before is evidence of that intent. Values from multiple thefts by the same person in a course of conduct in the same prosecutorial unit may be added together, and a prior theft conviction can raise the grade.

Manufacturing, distributing or delivering a controlled substance (or possessing it with intent to do so) is graded by drug and amount. Examples: heroin is a Class F felony at 3 grams or less, rising to Class C (up to 40 years) above 50 grams; cocaine is Class G at 1 gram or less, rising to Class C above 40 grams; methamphetamine is Class F at 3 grams or less, rising to Class C above 50 grams; fentanyl is Class E (up to 15 years) at 10 grams or less, Class D (up to 25 years) above 10 to 50 grams, and Class C above 50 grams; marijuana (THC) is Class I at 200 grams or less (or 4 or fewer plants), rising to Class E above 10,000 grams (or more than 200 plants). Other Schedule I and II narcotics are a Class E felony and other Schedule I-III non-narcotics a Class H felony.

Getting or trying to get possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge (for example with a forged or altered prescription) is a Class H felony: up to 6 years in prison, a fine up to $10,000, or both. Making or possessing equipment to counterfeit drug markings is covered by the same section and penalty.

Injury by intoxicated use of a vehicle (causing great bodily harm to another person, or an unborn child, while driving under the influence, with a prohibited alcohol concentration, or with a detectable amount of a restricted controlled substance) is a Class F felony: up to 12 years and 6 months, a fine up to $25,000, or both, plus ignition interlock requirements. Causing a lesser injury while driving intoxicated is a crime with a $300 to $2,000 fine and 30 days to 1 year in jail (a Class H felony with a prior OWI-related conviction; doubled penalties if a child under 16 was in the vehicle). Causing great bodily harm by negligent (reckless) driving is a Class H felony (up to 6 years), and causing bodily harm by negligent driving carries a $600 to $4,000 fine and up to 2 years in county jail.

Taking part in any race or speed or endurance contest on a highway is a traffic violation punished by a civil forfeiture (fine) of $20 to $400, not a crime. No jail term, license revocation or vehicle forfeiture appears in these sections.

Operating a motorboat while under the influence of an intoxicant to a degree that makes safe operation impossible, with a blood alcohol level of 0.08 or more (0.04 for commercial motorboats), or with a detectable amount of a restricted controlled substance is prohibited. A first offense is a civil forfeiture of $150 to $300. With one prior conviction within 5 years: a $300 to $1,000 fine and 5 days to 6 months in jail; with two priors: $600 to $2,000 and 30 days to 1 year; with three: 60 days to 1 year; with four or more: 6 months to 1 year. Underage operators with any alcohol concentration forfeit $50. Causing injury while boating impaired carries a $300 to $2,000 fine and up to 1 year in jail.

Knowingly presenting a false or fraudulent insurance claim or supporting document, making false documents to support a claim, lying to get fraternal benefits, filing false claims under the state employee benefit program, or giving false information or misclassifying employees on a worker's compensation insurance application is a Class A misdemeanor if the claim or benefit is $2,500 or less (up to 9 months, a fine up to $10,000, or both) and a Class I felony if it is more than $2,500 (up to 3 years and 6 months, a fine up to $10,000, or both).

Public assistance fraud: a false statement in an application for or receipt of public assistance is a Class A misdemeanor, and hiding eligibility changes or misusing vouchers is graded by value, from a Class B forfeiture ($300 or less) up to a Class G felony (over $10,000). FoodShare (SNAP) fraud such as misstating facts or failing to report changes is a Class B misdemeanor up to $100, a Class I felony over $100 and under $5,000 (Class H with a prior), and a Class G felony at $5,000 or more, plus court-ordered suspension from the program (1 to 2.5 years first, permanent on a third). Medical Assistance (Medicaid) fraud is a Class H felony with a fine up to $25,000. Unemployment benefits fraud is a fine up to $10,000 or up to 9 months (or both) up to $2,500, and a Class I, H or G felony above $2,500, $5,000 and $10,000.

Bribery of public officers and employees (giving or promising property or a personal advantage to influence a public official's action on a pending matter or to get them to violate their duty, or an official accepting or offering to accept such a bribe) is a Class H felony: up to 6 years, a fine up to $10,000, or both. Giving or accepting free passes or special privileges from public utilities is a Class I felony. Commercial bribery (corruptly giving or offering a gift to an employee or agent to influence their actions for their employer, or an employee accepting it or taking secret commissions on purchases) is punishable by a fine up to $10,000, up to 9 months in jail, or both.

Filing a false or fraudulent income tax return with intent to evade an assessment or to obtain a refund or credit by fraud is a Class H felony (up to 6 years, a fine up to $10,000, or both), as is filing a fraudulent claim for a tax credit. Hiding or removing property subject to a tax levy to evade collection is a Class I felony. Willfully failing to file a return or make required withholding deposits or payments, or willfully signing a false return or document, is a misdemeanor punishable by a fine up to $10,000, up to 9 months in jail, or both, plus the cost of prosecution.

Wisconsin grades sexual assault (non-consensual sexual contact or intercourse) in four degrees. First degree (causing pregnancy or great bodily harm, using or threatening a dangerous weapon, being aided by others and using force, or a second-degree assault against someone 60 or older or a known adult at risk) is a Class B felony: up to 60 years. Second degree (using or threatening force, causing injury or mental anguish, a victim who is unconscious, mentally incapable or too intoxicated to consent, and assaults by certain staff, officers or supervision agents on people in their care or custody) is a Class C felony: up to 40 years and/or $100,000. Third degree (non-consensual intercourse) is a Class G felony: up to 10 years and/or $25,000, and fourth degree (non-consensual sexual contact) is a Class A misdemeanor: up to 9 months and/or $10,000. Marriage is not a defense; for age-based offenses see the age-of-consent page.

First-degree sexual assault of a child covers sexual contact or intercourse with a child under 13 that causes great bodily harm (Class A felony: life imprisonment); intercourse with a child under 12, sexual contact or intercourse with a child under 13, or intercourse with a child under 16 by force (Class B felony: up to 60 years); and forcible sexual contact by an adult with a child under 16 (Class B felony). Certain first-degree offenses carry a mandatory minimum of 25 years of initial confinement, or 5 years for adult forcible contact, for offenders 18 or older. Second-degree sexual assault of a child (sexual contact or intercourse with a child under 16) is a Class C felony: up to 40 years and/or $100,000. Committing three or more such assaults on the same child within a specified period is a separate offense (Class A to C felony), and a person responsible for a child's welfare who knowingly fails to act to prevent the abuse commits a Class F felony (up to 12 years 6 months).

Producing it (sexual exploitation of a child): using or coercing a child to engage in sexually explicit conduct to record or display it, recording such conduct, or producing, distributing, selling or advertising such recordings is a Class C felony: up to 40 years and/or $100,000 (Class F if the offender is under 18). Possessing, or accessing with intent to view, a recording of a child engaged in sexually explicit conduct, or exhibiting or playing one, is a Class D felony: up to 25 years and/or $100,000 for each offense (Class I if the offender is under 18). Adults face mandatory minimum initial confinement of 5 years for exploitation and 3 years for possession, which the court may reduce on stated reasons only if the offender is no more than 48 months older than the child depicted.

Yes. Using a computerized communication system (such as the internet or a phone) to communicate with someone the person believes or has reason to believe is under 16, intending to have sexual contact or intercourse in violation of the child sexual assault law, is a Class C felony: up to 40 years and/or $100,000. The state must prove an act beyond the communication itself (such as traveling to meet) to show intent. The law does not apply if the person reasonably believed the other person was no more than 24 months younger. Adults convicted face a mandatory minimum of 5 years of initial confinement, subject to limited exceptions.

People convicted, adjudicated delinquent or found not guilty by reason of mental disease of a listed sex offense, people placed on lifetime supervision, and people a court orders to register must report to the Department of Corrections sex offender registry, as must some out-of-state offenders who live, work or study in Wisconsin. Registration generally ends 15 years after discharge from probation, parole or extended supervision (or after release or conviction, depending on the case). It lasts for life for people with two or more sex offense convictions, anyone convicted of first- or second-degree sexual assault, first- or second-degree child sexual assault or repeated child sexual assault, anyone found to be a sexually violent person, or anyone a court orders to register for life. Knowingly failing to provide required information is a Class H felony (up to 6 years and/or $10,000), except that a first violation by someone ordered to register for a misdemeanor carries up to 9 months and/or $10,000.

Possessing a firearm is a Class G felony (up to 10 years and/or $25,000) for anyone convicted of a felony in Wisconsin or of a crime elsewhere that would be a felony here, anyone adjudicated delinquent for an act committed on or after April 21, 1994 that would be a felony for an adult, and certain people found not guilty of a felony by reason of mental disease, among others. The ban does not apply to someone who received a pardon and was expressly authorized to possess a firearm under federal law, or who obtained federal relief from disabilities. A juvenile-adjudication case may be lifted if a court finds the person is not likely to act in a manner dangerous to public safety.

Willfully, knowingly and without authorization modifying, destroying, accessing, taking, copying or disclosing computer data, programs or access codes, or overloading a computer system to interrupt service, is a Class A misdemeanor (up to 9 months and/or $10,000). It becomes a Class I felony (up to 3 years 6 months) if done to defraud or obtain property, and a Class F felony (up to 12 years 6 months) if it causes damage over $2,500, disrupts government operations, public communications, transportation or utilities, or creates a substantial risk of death or great bodily harm. Damaging or taking computers or computer equipment follows a similar scale (Class H felony for damage over $2,500). Penalties may be increased for hiding the identity or location of the computer used, and a judge may restrict the offender's computer use. The statute does not separately name ransomware.

One-party consent. It is not unlawful for a person to record a phone call or an in-person (oral) conversation if the person is a party to it or one party has given prior consent, unless it is done to commit a criminal, tortious or other injurious act. Intercepting a wire, electronic or oral communication without that consent, or disclosing or using one known to be illegally intercepted, is a Class H felony: up to 6 years and/or $10,000. A person whose communication was illegally intercepted may sue for actual damages (at least $100 per day or $1,000, whichever is higher), punitive damages and attorney fees.

Knowingly giving false information to a police officer with intent to mislead is part of resisting or obstructing an officer, a Class A misdemeanor (up to 9 months and/or $10,000), and a Class H felony (up to 6 years) if the false information is considered at a criminal trial. Calling or texting 911 to report an emergency known not to exist carries a $100 to $600 fine and/or up to 90 days for a first offense, and is a Class H felony for another offense within 4 years. Swatting (knowingly conveying false information that an emergency exists that elicits, or could elicit, a SWAT or tactical team response) is a Class I felony (up to 3 years 6 months), a Class H felony if someone suffers bodily harm, and a Class E felony (up to 15 years) for great bodily harm. A false bomb threat is a Class I felony.

Yes, as a penalty enhancement. If a person commits a crime and intentionally selects the victim or the property, in whole or in part, because of a belief or perception about race, religion, color, disability, sexual orientation, national origin or ancestry (whether or not the belief was correct), the penalty increases. A misdemeanor other than Class A gets a maximum of 1 year and $10,000; a Class A misdemeanor becomes a felony with a maximum of 2 years and $10,000; and for a felony the maximum fine may increase by up to $5,000 and the maximum prison term by up to 5 years. The jury must make a special finding on the bias element.

Wisconsin ended parole for felonies committed on or after December 31, 1999 (and misdemeanors on or after February 1, 2003): those prison sentences are 'bifurcated' into prison time followed by extended supervision, with no parole. If a person on extended supervision violates a condition, the Department of Corrections may take custody to investigate; if the person signs a statement admitting the violation, the department may impose up to 90 days of confinement as a sanction. Otherwise, the Division of Hearings and Appeals (after notice and a hearing, unless the person waives it) may revoke extended supervision and return the person to prison for any period up to the time remaining on the sentence; the decision may be reviewed by certiorari. People sentenced for older crimes remain under parole rules, with administrative hearings on alleged violations.

Knowingly violating a domestic abuse temporary restraining order or injunction is punishable by a fine up to $10,000, up to 9 months in jail, or both; violating a harassment restraining order or injunction carries the same maximum. Knowingly violating a child abuse injunction, or intentionally violating an individual-at-risk injunction, is punishable by a fine up to $1,000, up to 9 months, or both. The protective order statutes read do not set a higher penalty for repeat violations.

In Wisconsin, anyone 17 or older is prosecuted as an adult for criminal offenses. Adult court has automatic original jurisdiction over a juvenile 10 or older accused of attempted or completed first-degree intentional homicide, first-degree reckless homicide or second-degree intentional homicide, over certain assaults or escapes by juveniles already adjudicated delinquent, and over any juvenile previously convicted in adult court; the adult court may still give a juvenile disposition in some cases. Otherwise the district attorney, the juvenile or the court may ask the juvenile court to waive jurisdiction for a juvenile 14 or older accused of listed serious felonies (such as felony murder, first- or second-degree sexual assault, kidnapping, armed robbery or burglary, or drug manufacture or delivery) or a gang-related felony, or for any crime at 15 or older. The judge waives jurisdiction only if the matter has prosecutive merit and there is clear and convincing evidence, based on the juvenile's maturity, record, the offense and available treatment, that keeping the case in juvenile court is contrary to the best interests of the juvenile or the public.

No. Wisconsin's criminal code has no death sentence. Its most serious felony class, Class A (which includes first-degree intentional homicide), is punished by life imprisonment.

A person convicted of treason, a felony or bribery may not vote until the right is restored by a pardon or by completing the sentence. The right to vote returns when the person completes the term of imprisonment or probation for the crime, and 'imprisonment' includes parole and extended supervision, so a person cannot vote while in prison, on parole/extended supervision or on probation for a felony. The Department of Corrections (or the jailer, for a county jail sentence) must tell the person in writing when the right is restored.

Most civil rights return automatically: a person convicted of a crime is restored to civil rights by serving out the term of imprisonment or otherwise satisfying the sentence, and the Department of Corrections' certificate lists which rights are and are not restored. Voting returns when imprisonment (including parole and extended supervision) or probation ends. Jury service is open to a person with a felony conviction once civil rights are restored. Holding state or local office: a person convicted of a felony is not eligible unless pardoned. Firearms: the felon-in-possession ban does not apply to a person who has received a pardon and been expressly authorized to possess a firearm under federal law, or who obtained federal relief from disabilities. The Governor grants pardons after conviction (except for treason and impeachment).

Wisconsin has two laws. Repeater: a person convicted of a felony in the 5 years before the new crime (or of misdemeanors on 3 separate occasions in that time, not counting time in confinement) faces a higher maximum: a maximum of 1 year or less may rise to 2 years; a maximum over 1 and up to 10 years may rise by up to 4 years with a prior felony (2 years for misdemeanors); a maximum over 10 years may rise by up to 6 years with a prior felony (2 years for misdemeanors). Persistent repeater ('three strikes'): a person convicted of a listed 'serious felony' after 2 or more prior serious felony convictions on separate occasions, or of a 'serious child sex offense' after one prior such conviction ('two strikes'), is sentenced to life imprisonment without the possibility of parole or extended supervision.

Wisconsin law does not separately regulate delta-8 THC or other hemp-derived THC products (no age limit or retail license in the statutes). Hemp is defined as the cannabis plant and all its derivatives, extracts, cannabinoids and isomers with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis (or the federal maximum up to 1 percent, if higher), tested post-decarboxylation, and THC contained in hemp is excluded from the Schedule I listing of THC. Products above that delta-9 limit are treated as THC, a Schedule I controlled substance.

Illegal. Psilocybin and psilocin are Schedule I controlled substances. Possession is a misdemeanor on a first conviction (fine up to $5,000, up to 1 year in the county jail, or both) and a Class I felony (up to 3 years 6 months and/or $10,000) for a second or later drug offense. Making, distributing or delivering psilocybin (or possessing it with intent to) is a Class G felony for 100 grams or less (up to 10 years and/or $25,000), a Class F felony for more than 100 up to 500 grams (up to 12 years 6 months and/or $25,000), and a Class E felony above 500 grams (up to 15 years and/or $50,000).

Illegal. Mitragynine and 7-hydroxymitragynine, the active compounds in kratom, are Schedule I controlled substances in Wisconsin. Possessing them falls under the general drug-possession provision, a misdemeanor punishable by a fine of up to $500, up to 30 days in jail, or both.

Allowed when the CBD comes from hemp. Hemp, including its cannabinoids, with no more than 0.3 percent delta-9 THC (or the federal maximum up to 1 percent) may be grown, processed, possessed and sold to the greatest extent federal law allows, and THC contained in hemp is not a controlled substance. A person may also possess a non-hemp cannabidiol product with a physician's certification (issued within the past year) that it treats a medical condition; no certification is needed to possess hemp or an FDA-approved prescription drug. Mislabeling hemp products or knowingly misstating their THC content is prohibited.

Wisconsin state law still uses 18 (the federal minimum age of 21 is separate). Retailers and others may not sell or give cigarettes, nicotine products or tobacco products to anyone under 18; violations bring forfeitures of up to $500 and license suspensions for repeat violations. A person under 18 may not buy, try to buy or possess cigarettes, nicotine products or tobacco products (with narrow exceptions for retail employees and supervised compliance checks), and police must seize them; buying for someone under 18 is punished by a forfeiture up to $500 rising to up to $10,000 and 9 months for repeat violations. Vending-machine notices must state that a purchaser under 18 is subject to a forfeiture of up to $50.

Wisconsin protects 'individuals at risk': elder adults at risk (age 60 or older who have experienced or are at risk of abuse, neglect, self-neglect or financial exploitation) and adults at risk. Abusing such a person (physical, emotional or sexual abuse, unreasonable confinement, or deprivation of basic needs) is graded by intent and harm, from a Class B misdemeanor (no bodily harm likely; up to 90 days and/or $1,000) to a Class H felony (intentional, causing bodily harm; up to 6 years), Class F felony (great bodily harm; up to 12 years 6 months) and Class C felony (intentional or reckless, causing death; up to 40 years). Separately, battery to an elder person (60 or older) or adult at risk is a felony: Class I (recklessly causing bodily harm) up to Class C (intentionally causing great bodily harm), and mistake about the victim's age is no defense.

Wisconsin's invasion of privacy law makes it a Class A misdemeanor (up to 9 months and/or $10,000) to install or use a surveillance device, including a peephole, to watch a nude or partially nude person in a private place without consent, or to look into a private place (such as a public restroom or a home) for sexual gratification; it becomes a Class I felony (up to 3 years 6 months and/or $10,000) if the victim is under 18. Recording or viewing under someone's clothing ('upskirting') without consent is a Class I felony. Separately, capturing a nude or intimate image without consent where the person expects privacy, or possessing or sharing such an image, is a Class I felony.

Simple battery (intentionally causing bodily harm) is a Class A misdemeanor (up to 9 months and/or $10,000). Knowingly resisting or obstructing an officer is also a Class A misdemeanor, but resisting that causes a soft tissue injury or substantial bodily harm to the officer is a Class H felony (up to 6 years and/or $10,000), and causing great bodily harm is a Class G felony (up to 10 years and/or $25,000). Battery to a current or former law enforcement officer or family member in response to official action, and battery to firefighters, health care workers and certain other public workers, are Class H felonies; battery to a public officer to influence official action is a Class I felony. Wisconsin's battery crimes were recodified in 2025 into a new battery subchapter (§§ 940.51-940.66).