895.457 Limiting felon's right to damages.
(1) In this section:
(a) “Crime" means a crime under the laws of this state or under federal law.
(b) “Damages" means damages for an injury to real or personal property, for death, or for personal injury.
(c) “Felony" means a felony under the laws of this state or under federal law.
(d) “Victim" means a person against whom an act constituting a felony was committed.
(2) No person may recover damages from any of the following persons for injury or death incurred while committing, or as a result of committing, an act that constituted a felony, if the person was convicted of a felony for that act:
(a) A victim of that felony.
(b) An individual other than a victim of that felony who assisted or attempted to assist in the prevention of the act, who assisted or attempted to assist in the protection of the victim, or who assisted or attempted to assist in the apprehension or detention of the person committing the act unless the individual who assisted or attempted to assist is convicted of a crime as a result of his or her assistance or attempted assistance.
(3) This section does not prohibit a person from recovering damages for death or personal injury resulting from a device used to provide security that is intended or likely to cause great bodily harm, as defined in s. 939.22 (14), or death.
(4)
(a) Any applicable statute of limitations for an action to recover damages against a person described under sub. (2) (a) or (b) for injury or death incurred while committing, or as a result of committing, an act that constituted a felony is tolled during the period beginning with the commencement of a criminal proceeding charging the person who committed the act with a felony for that act and ending with the final disposition, as defined in s. 893.13 (1), of the criminal proceeding.
(b) Any applicable statute of limitations for an action to recover damages from an individual described under sub. (2) (b) for injury or death incurred while committing, or as a result of committing, an act that constituted a felony is tolled during the period beginning with the commencement of a criminal proceeding charging the individual described under sub. (2) (b) with a crime as a result of his or her assistance or attempt to assist and ending with the final disposition, as defined in s. 893.13 (1), of the criminal proceeding. This paragraph does not apply if a criminal proceeding described in par. (a) does not result in a felony conviction and there is no other criminal proceeding described under par. (a) pending.
(5) A court may stay a civil action described under sub. (2) until the final disposition of a criminal proceeding described under sub. (4).
History: 2003 a. 87; 2005 a. 155 s. 68; Stats. 2005 s. 895.457.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.
895.01 - What actions survive; actions not to abate.
895.02 - Measure of damages against personal representative.
895.03 - Recovery for death by wrongful act.
895.031 - Recovery from estate of wrongdoer.
895.035 - Parental liability for acts of minor child.
895.037 - Abortions on or for a minor without parental consent or judicial waiver.
895.038 - Partial-birth abortions; liability.
895.04 - Plaintiff in wrongful death action.
895.044 - Damages for maintaining certain claims and counterclaims.
895.045 - Contributory negligence.
895.046 - Remedies against manufacturers, distributors, sellers, and promoters of products.
895.048 - Recovery by auto or motorboat owner limited.
895.05 - Damages in actions for libel.
895.052 - Defamation by radio and television.
895.055 - Gaming contracts void.
895.056 - Recovery of money wagered.
895.057 - Action against judicial officer for loss caused by misconduct.
895.06 - Recovery of divisible personalty.
895.065 - Radioactive waste emergencies.
895.07 - Claims against contractors and suppliers.
895.08 - Sport shooting ranges; actions related to safety.
895.09 - Scrap metal or plastic bulk merchandise container theft; civil liability.
895.10 - Tort actions in residential real estate transactions.
895.14 - Tenders of money and property.
895.33 - Limitation of surety's liability.
895.34 - Renewal of sureties upon becoming insufficient and effects thereof.
895.345 - Justification of individual sureties.
895.346 - Bail, deposit in lieu of bond.
895.35 - Expenses in actions against municipal and other officers.
895.36 - Process against corporation or limited liability company officer.
895.37 - Abrogation of defenses in employee personal injury actions.
895.375 - Abrogation of defense that contract was champertous.
895.42 - Deposit of undistributed money and property by personal representatives and others.
895.43 - Intentional killing by beneficiary of contract.
895.435 - Intentional killing by beneficiary of certain death benefits.
895.441 - Sexual exploitation by a therapist; action for.
895.442 - Sexual exploitation by a member of the clergy; action for.
895.444 - Injury caused by criminal gang activity; action for.
895.445 - Damage to certain machines; action for.
895.446 - Property damage or loss caused by crime; action for.
895.447 - Certain agreements to limit or eliminate tort liability void.
895.448 - Safety devices on farm equipment, ordinary negligence.
895.449 - Action for loss caused by failure to pay for gasoline or diesel fuel.
895.45 - Service representatives for adult abusive conduct complainants.
895.453 - Payments of chiropractic services from attorney contingency fees.
895.455 - Limits on recovery by prisoners.
895.457 - Limiting felon's right to damages.
895.46 - State and political subdivisions thereof to pay judgments taken against officers.
895.472 - Indemnification of a financial institution.
895.475 - Exemption from civil liability for furnishing safety inspection or advisory services.
895.476 - Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.
895.478 - Civil liability exemption; opioid antagonists.
895.48 - Civil liability exemption; emergency medical care.
895.4801 - Immunity for health care providers during COVID-19 emergency.
895.4802 - Civil liability exemption; hazardous materials.
895.4803 - Civil liability exemption; information concerning paternity.
895.481 - Civil liability exemption; equine activities.
895.482 - Civil liability exemption; ski patrol members.
895.484 - Civil liability exemption; entering a vehicle to render assistance.
895.485 - Civil liability exemption; out-of-home care providers and child-placing agencies.
895.486 - Civil immunity exemption; reports of insurance fraud.
895.487 - Civil liability exemption; employment references.
895.488 - Civil liability exemption; owner or person in lawful possession of the premises.
895.489 - Civil liability exemption; tenancy references.
895.492 - Civil liability exemption; certificate of qualification for employment.
895.501 - Civil liability exemption; credit card reencoders and scanning devices.
895.506 - Civil liability exemption; weight gain and obesity claims.
895.508 - Liability exemption; provision of previously owned eyeglasses.
895.512 - Civil liability exemption; access to toilet facility.
895.514 - Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.515 - Civil liability exemption; equipment or technology donation.
895.517 - Civil liability exemption: solid waste donation or sale.
895.519 - Civil liability exemption; private campgrounds.
895.52 - Recreational activities; limitation of property owners' liability.
895.526 - Participation in an alpine sport; restrictions on civil liability, assumption of risk.
895.5265 - Civil liability exemption; placement of certain structures in waterways.
895.527 - Sport shooting range activities; limitations on liability and restrictions on operation.
895.528 - Civil liability exemption; placement of markers in waterways.
895.529 - Civil liability limitation; duty of care owed to trespassers.
895.53 - Civil and criminal liability exemption; tests for intoxication.
895.535 - Civil and criminal liability exemption; body cavity search.
895.537 - Liability exemption; sexual assault evidence collection.
895.54 - Liability exemption; notification of release.
895.55 - Liability exemption; oil discharge control.
895.555 - Civil liability exemption; anhydrous ammonia.
895.57 - Damages and immunity; unauthorized release of animals.
895.58 - Liability exemption; use of special waste under public works contracts.
895.61 - Asbestos successor corporation; limitation on liability.
895.66 - Mandatory disclosures.
895.67 - Approval of transfers of structured settlement payment rights.
895.68 - Effects of transfer of structured settlement payment rights.